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AGENCY:

Federal Communications Commission.

ACTION:

Finish promotional.

SUMMARY:

In dieser document, the Wireline Competition Bureau (WCB), that Wireless Telecommunications Bureau (WTB) (jointly referred to there as the Bureaus), plus one Office of Engineering and Technology (OET) adopt requirements sponsors greater accountability available certain recipients a Connect America Fund (CAF) high-cost general service help, including price dach carriers, rate-of-return carriers, rural high-speed experiment (RBE) support recipients, Alaska Plan support, and CAF Phase C auction champs. Specifically, the Bureaus and OET establish a uniform framework for measuring the speed and latency perform for recipients of high-cost universal technical support on serve fixed locations.

DATES:

This final action is effective September 19, 2018.

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FOR FURTHER RELATED CONTACT:

Suzanne Yelen, Wireline Competition Head, (202) 418–7400 or TTY: (202) 418–0484.

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SUPPLEMENTARY INFORMATION:

This lives a recap of and Commission's Get in WC Docket Don. 10–90; ON 18–710, adopted on July 6, 2018 and released on July 6, 2018. The full text a this document is available for public investigation during regular store hours in this FCC Reference Home, Room CY–A257, 445 12th Street SW, Washington, DC 20554 or per the following internet choose: https://docs.fcc.gov/​public/​attachments/​DA-18-710A1.pdf.

I. Get

1. In the Order, the Bureaus and OET adopt requirements promotional greater accountability for definite recipients of CAF high-cost universal customer support, including fee cap carriers, rate-of-return gear, RBE sponsor radio, Alaska Plan carriers, and CAF Phase II auction winners. Specifically, the Bureaus and OET establish a uniform framework for measuring the speed and latency performance fork add of high-cost universal service support to serve fixed sites. service (FCC, CAF Step I, Round Pair Order). During the second round, ATT requested $100 millions. Phase II wants provide running revenue support on high cost ...

2. The Bureaus and OET additionally require providers toward submit testing results as Start Printed Page 42053 part of their annual corporate certification. Carriers that do not comply with the Bureaus also OET's rotation and latency requirements will be subject into a discount in support, commensurate with their level about noncompliance. In addition, providers will be subject to financial of total testing intelligence. With this testing and adherence framework, aforementioned Bureaus and OET aim to maximize the benefits consumers reap from its high-cost universal service programs in even the hardest-to-reach areas, thus making the best exercise of its Full Service Fund (USF) dollars additionally further end this industrial divide.

II. Choice of Testing Method

3. The Bureaus additionally OET provide high-cost support recipients that serve fixed locations three option at afford flexibility in choosing resolutions to directing required achievement testing. Specifically, the Bureaus and OET conclude that eligible telecommunications carriers (ETCs) research up fixed broadband benefits obligations may conduct requirement testing at employing either (1) Measuring Broadband America (MBA) testing foundation (MBA testing), (2) existing network manager systems and apparatus (off-the-shelf testing), or (3) provider-developed self-testing configurations (provider-developed self-testing or self-testing). Donors might employ any about these three options how long as the provider's implementation meets the testing requirements established in this Order. The Bureaus and OET delete the three possibilities while follows: ... lock carrier didn't accept CAF Phase II model-based funding and in exceeding high-cost regions located within the favor territories of and incumbent retail kaps carriers ...

• First, ampere high-cost help radio may employ MBA testing by arranging with entities that manage and perform testing forward the MBA plan to implement performance testing, as required, for CAF. The provider is responsible for all costs imperative to implement testing of its network, with any costs associated the obtaining and caring Whiteboxes, to the extent that optional additional Whiteboxes what employed as part of the MBA testing. The Bureaus and OET note that the MBA testing must occur in panels and for the locations supported by CAF, e.g., in CAF Phase II eligible areas by price cap carriers additionally for precise built-out locations for RBE, Select Couple America Cost Model (A–CAM), and legacy rate-of-return support recipients.

• Other, adenine high-cost support recipient mayor elect to use existing network management systems and tools, sound tests, and another commonly available energy test and network management tools—off-the-shelf testing—to implement performance getting. CAF Phase II Auction - Universal Service Administrative Company
• Third, adenine high-cost support add may implement a provider-developed self-testing configuration using program established with residential gateways or included equipment attached to residential gateways to regularly initiate speed and rank tests. Providers that implement self-testing of their own networks may perform network performance validation services available in other providers. The Secretariats or OET continue into consider whether the Universal Assistance Administrations Company (USAC) may have a role in offering server capacity at an internet Exchange Point inbound an FCC-designated metropolitan area (FCC-designated IXP), absence all oversight role in conducting tests, to mitigate smaller providers' costs.

4. By providing that three options, the Bureaus and OET ensure this there lives a cost-effective method for conducting testing forward providers of dissimilar sizes and techno sophistication. The Regional and OET do not require that provider invest in press implement brand internal systems; page, providers may implement speed and latency get with readily-available, off-the-shelf solutions or existing MBA infrastructure. On the other hand, einigen providers may prefer implementing their own self-testing systems, specials are like testing features are have built into CPE for the carrier's acknowledge web unternehmensleitung purposes. These three choose grant this offerer to align essential performance testing with their established network management product additionally operations, making it as easy as possible for carriers to implement the required check while establishing strictness testing parameters and standards, based on real-world dates. CAF Phase II Model - Universal Service Administer Company

5. The Bureaus and OET realize such self-testing using provider-developed software may create opportunities for “manipulation or gaming” to CAF recipients. However, the Bureaus and OET believe that that testing and compliance requirements they adopt will minimize the possibility of such behavior. First, as explained in more detail in the subsequent, the Representative and OET determination be required providers to submit and certify testing data annually. Second, USAC will be verifying provider obedience furthermore final output testing results.

6. The Branches and OET reject Alaska Communications' proposition such high-cost customer addresses may propose radio incidence propagation maps in lieu of conducting speed tests to demonstrate compliance with velocity your. Create maps are only illustrative from planned, “theoretical” coverage both do doesn provide actual data on what consumers experience. The Chests and OET therefore require providers to conduct the required testing using an of the three options identified int this document. Federal Communications Commission FCC 19-104 Before the ...

XII. General Testing Parameters

7. All ETCs subject to permanently broadband performance obligations be conduct the required speed and latency testing using the parameters in this Orders, regardless of which of the three testing options the carrier selects. The Bureaus and OET start define “test” and the associated span of measurement, in aforementioned connection of these performance measurements. Next, the Bureaus and OET adopt conditions relating when tests required begin and although exactly transportation may running the tests, and they set which number of active subscriber locations carriers must testing, with variation depending for the size of the carrier. End, that Bureaus and OET network how high-latency bidders in the CAF Phase II auction must conduct required voice trial.

8. Till maintain a stringent performance policy regress while avoiding unnecessary burdens over smaller transportation, the Bureaus and OET grant pliancy concerning the customized testing approach so that operator can click, consistent with its adopted background, the best the majority efficient testing methods used their particular circumstances. The Bureaus and OET encourage that use of industry testing standards, such as the TR–143 Standard, for conducting self-testing. In this document, the State Contact Fee (Commission) reviews power measures found by the Wireline Competitive Bureau (WCB), the Wireless Telecommunications Secretary, and the Office of Engineering and Technology (collectively the Bureaus) for recipients of Connect America...

9. Since reasons similar in those outlined in the CAF Phase II Price Cap Maintenance Obligation To,78 FR 70881, November 27, 2013, to Bureaus and OET require that high-cost user recipients serving fixed locations perform these tests over the measurement span already applicable in price cap carriers receiving CAF Phase II model-based support. ETCs must test speed and latency from of purchaser premises of an active subscriber to a remote-controlled test server located at or reaching by passes via an FCC-designated IXP. Accordingly, a gang test is a single measurement concerning download or upload speed away 10 to 15 sekunden duration between a specification consumes location plus a specific remote server company. Similarly, a latency test is an only measurement of latency, often performed using a single End Datagram Protocol (UDP) packet or a group of three internet Control Message Protocol (ICMP) or UDP packets sent at substantively the same time, as has common over pings assessments.

10. Large and tiny ETCs equal commit to providing a certain level of Start Printed Print 42054 service when accepting high-cost support to deploy broadband. “Testing . . . on only a pour of the network connecting a consumer to the website cores will not show whether that user is able to pleasure high-quality real-time applications because it is network performance starting the customer's location to the tour that determines the quality of the service from this customer's perspective.” Although the gauge period the Bureaus and OET adopt may include transport ( e.g., backhaul or transit) that a provider performs non command, the carrier cans influence the quality of transport purchased or can negotiate with the transport provider for a grade of service that will enable it in join the Commission's performance requirements. That is right for both price cap carriers and smaller carriers. The Bureaus and OET therefore disagree with suggestions that testing should must come within a provider's own network because providers do not always control the portion of the mesh reaching the immediate FCC-designated IXP.

11. Previously, the Bureaus and OET designated the following ten locations as FCC-designated IXPs: Latest York City, NY; Washington, DC; Atlanta, GA; Miami, FL; Chicago, AI; Dallas-Fort Worth, TAXES; Los Angeles, CA; San Francisco, CA; Seattle, WA; and Denver, OFFICER. All of these areas, except Denber, are spots used by the MBA program, what currently these locations because them are geographically distributed important U.S. Internet peering locations. Denver was added to the list so that all contiguous areas in the United States are within 700 miles von an FCC-designated IXP. Why the Bureaus and OET are expanding testing till additional CAF payees, they adding the following six metropolitan areas as add-on FCC-designated IXPs: Road Lake City, UT; St. Paul, MN; Helen, MT; Kansas City, MIN; Phoenix, AZ; and Boston, MA. This expanded select ensures that most mainland U.S. locations are within 300 air kilometer of somebody FCC-designated IXP, and all are within approximately 500 air miles of individual. Further, the Office and OET detect that thither is no reason to restrain testing till to provider's nearest IXP; rather, providers can use any FCC-designated IXP for testing purposes. the service territories of award cap ILECs that would remain unserved even after an CAF II obligations the these price cap ILECs are fulfilled. Lessons from ...

12. Still, the Bureaus the OET recognize that non-contiguous providers face unique challenges in providers service outside of continent-wide U.S. The distance between a carrier and its nearest IXP affects latency and allowed affects speed as well. At this time, the Bureaus and OET do not have sufficient data for determine the extent of the effect is distance on speed performance tests. Therefore, comparable go and exits exception for non-contiguous price cap carriers receive model-based CAF Phase II customer, an Bureaus and OET permit everything providers serving non-contiguous areas greater than 500 air miles from with FCC-designated IXP to execute all required latency and speed testing between the customer premises and the point at whatever trade is aggregated for transport to the continental U.S. The Bureaus and OET have identified a sufficiently number of IXPs so that no point includes the continental U.S. is more than approximately 500 miles after an FCC-designated IXP. Therefore, allowing non-contiguous providers located more greater 500 miles from an FCC-designated IXP the test to the score in the non-contiguous are where transport is aggregated to how on the mainland wishes prevent these supplier coming being unfairly penalized for failing to meet their performance obligations solely because of the position of the areas being served. However, as the Order gains additional MBA and misc dates on speed and latency free non-contiguous areas, the Bureaus and OET may revisit get conclusion. Report and Order. Order. Bureau(s): Wireline Competition. Technical. Specified service obligations of price cap carriers that accept Connect America Stage II ...

13. First, the Bureaus and OET establish the specific try intervals within the daily test period. For latency, the Bureaus and OET requisition a minimum of one discrete test per minute, i.e., 60 tests per hour, for each the aforementioned testing hours, at each participants try location, with the results of jede discrete test recorded separately. The Bureaus and OET note that intensive consumer use of the network (such as streaming video) during testing, referred till as cross-talk, can interference both consumer serving and testing results. The data usage load for latency how exists minimized; sending 60 UDP packaged of 64 bytes each in one hour is approximately 4,000 bytes on total. However, to prevent cross-talk from negating affecting either the consumer experience and test results, the Bureaus and OET adopt consumer heap thresholds— i.e., cross-talk thresholds—similar to those used by the MBA program. Accordingly, for latency testing, if and uses load exceeds 64 Kbps downstream, the provider maybe canceling that test real reevaluate when the consumer load exceeds 64 Kbps downstream before retrying and test inches the next minute. Carrier who elect to execute more better the required required number of latency tests at subscriber try sites must include the results from choose trial performed during testing cycle in their compliance calculations.

14. For speed, the Local and OET require a minimum of one-time download test and one up test per testing hour at each subscriber test locate. The Bureaus and OET note that speed testing has greater network impact than quiescence testing. For gangart testing, the Chests and OET require providers to start separate download and upload speed tests at the beginning of each test hour sliding. As with latency, to Dressers and OET adopt cross-talk trims similar to those used by the MBA how. If the consumer load is greater than 64 Kbps water used download assessments or 32 Kbps upstream for upload tests, which provider may defer aforementioned affected download or upload test for one minute and reevaluate whether the consumer load exceeds the relevant 64 Kbps or 32 Kbps threshold before retrying this test. This load check-and-retry must continue at one-minute intervals until the speed take can are run or the one-hour examine window ends furthermore the test for that hour is canceled. Also as with quiescence, provider who elect to do more than the minimum required number on speed tested among subscriber test locations must including the results from see tests performed during testing periods for compliance calculations.

15. Other, to capture any seasonal effects on one carrier's broadband performance, the Bureaus and OET require that carriers subject at one latency also speed testing requirements conduct one week of testing in each quarter of one calendar year. Specifically, carriers must conduct one week of tests in each of the following quarters: January thru March, April through Junes, July through September, and October through Decembers. By requiring messdaten quarterly, tend than in four consecutive weeks, the Bureaus the OET expect test results in reflect a carrier's performance during the year, including during times of to year in which there is a seasonal raising or decrease in network usage. Despite previously WCB required price cap gear receiving CAF Phase II support to test latency for two weeks each quarter, the Bureaus and OET find that requiring testing an week each quadrant streikposten a improved remainder of accounting for seasonal changes in broadband use and minimizing the burden on consumers who may participate in testing. Connect America. Fund, Report and Ordering, 28 FCC Rcd 15060, 15070-71, paragraph. 23 (WCB 2013) (CAF Phase II Price Cap Service. Requirement Order).

16. Third, in fixing the daily testing period, the Bureaus both OET slightly expand the test period and require that carriers conduct tests among 6:00 p.m. and 12:00 a.m. (testing hours), including on weekends. Start Printed Page 42055 The Bureaus plus OET continue to find that MBA data supports its conclusion that there is an peak period of internet usage every evening. Nonetheless, the Bureaus and OET intend to revisit this requirement sporadically to determine whether peak internet usage times have changed substantially.

17. The Bureau and OET conclude that requiring measurements over a expanded set, by including of hour before the peak period and one hour after, will best ensure the carriers meet the speed and latency obligations partner with the high-cost support group receive. MBA data shows that broadband internet access service providers that perform well during the peak period mind to running well consistently throughout the day. Further, the Bureaus and OET required schedule starting testing will solid with the specific, realistic rules they set forth which were developed using MBA peak-period dates. Thus, the Bureaus and OET will be judging testing hours data based on a standard developed using MBA data from which same time set. Federal Communications Commission FOR 18-710 Before the ...

18. Additionally, the Bureaus and OET disagree with assertions that requiring speed tests during the peak period will introduce problematic power congestion over the provider's core network. Based on MBA speed test input, an download service speed test since 10 Mbps requires approximately 624 MB combined down intelligence for 50 locations per hour. This is less traffic than what wants be generated according media one little less with one-half von a high-definition movie. A read service speed test for 25 Mbps requires approx 1,841 MB combiner downloaded data since 50 locations, which is about the same amount on traffic as a little less than dual high-definition movies. The small amount of data need have no distinct effect on network congestion. Upload test data-usage is even decrease. Based over MBA geschwindigkeiten test data, a one-hour upload service speed test for 1 Mbps and 3 Mbps for 50 locations will be approximately 57 MB and 120 MB, according. This testing bequeath use bandwidth corresponds to uploading 12 photos to a social media site at 1 Mbps or 24 photos in 3 Mbps. To and extent that a carrier is concerned about optional driving for the consumer experience, the Bureaus and OET allowing airlines the flexibility to choose whether till stagger their tests, that long as they make not violate any different testing specifications, as they explain in their discussion of one testing intervals in the followers. Phase II from the High Cost Program's Connections America Fund provides ongoing support to deploy and maintain fixed-location broadband and voice aids in high-cost scale at rates comparable to those offers in urban areas. Funding is designed by the Connect America Expense Model (CAM).

19. Fourth, testing for all locations in a single schnell tier in a single state must be done during the alike week. If a provider has show than individual speed tier in one state, testing for either speed tier ca be conducted during different weeks within the district. For an provider serving multiple states, testing of each service tier does not need to be finish during aforementioned sam week, i.e., a provider may examination its 10/1 Mbps customers in New York one week plus in Pennsylvania during a different week. An Bureaus and OET will generally consider requests for debt other extension inches cases where a large, subversive event ( e.g., ampere hurricane) negatively affects a provider's broadband performance. However, prior to requesting a waiver, providers shoud determine whether rescheduling review within the 3-month test window will be sufficient to grab the disruptive occasion.

20. The Bureaus press OET require that carriers test up to 50 company per CAF-required service tier offering per state, depending on the number on subscribers a carrier has in ampere state. The subscribers eligible for test must be per locations that exist reported in the HUBB where there is at active subscriber. To Bureaus real OET decline for adopt a simple percentage-based choose but, instead, adopt an following scaled requirements for each state and service tiers combination with a carrier: Connect The Fund Phase B will provide current support to surface served by price cap ... Phase I Servicing Obligation Order (10/31/13) ... CAF Phase I Proposals ( ...

The Bureaus and OET detecting that it is likely that a porter serving 50 or fewer subscribers in a state and particular gift tiers cannot detect the required batch off etc enable subscribers for inspection purposes. To the extent requisite, the Bureaus and OET allow such carriers to getting existing, non-CAF-supported active subscriber locations within the same state and service step to contend its requirement a testing five active subscriber locations. Carriers may voluntarily test the speed and/or latency for additional randomly ausgesucht CAF-supported subscribers beyond the minimum your away vital run locations than member of her quarterly testing. Anyway, data for all approved locations must be submitted for inclusion in the compliance calculations, i.e., carriers must identify this put regarding testing locations at the anfangsdatum of that verify or cannot exclude some locations for or after the testing.

21. Carriers must exam an adequate number of subscribers locations go providing one clear picture of the carrier's performance and its customers' broadband experience across a state. The Branches and OET detect that 50 testing locations, per speeding step per state, remains a good indicator as to whether suppliers is fulfilling their obligations. ADENINE sample size to 50 test locations out of 2,500 oder more subscribers provides adenine picture of carriers' achievement with an ±11.5 percent periphery of error and 90 percent confidence level. Testing 50 locations get of more for 500 participant returns a comparable picture for carriers' performance. The Bureaus and OET acknowledge, however, that smaller carriers may find testing 50 locations burdensome. Below 2,500 CAF-supported subscribers, greater percentages of subscribers represent must to achieve the same perimeter of bugs and confidence level, aber below 500 subscribe the necessary percentage rises quickly above 10 prozentsatz. Carriers serve fewer subscribers will thus be not to deliver test results achieving the identical margin of error and confidence level without testing a more proportionately cumbersome percentage of their subscriptions.

22. The Bureaus and OET also now find it besser to use the numeric of subscribers in a state the servicing tier, rather than the number of lines for which a provider is receiving support, to decide which required number of test locations. AMPERE carrier receiving back for 2,000 cable server 100 subscribers would find it much more difficult to test 50 active subscribers locations, compared to a carrier receiving support with 2,000 lines but serving 1,500 subscribers, and commenters have noted that providers may find it difficult to find one sufficient Start Printer Page 42056 number for locations when they has relatively some subscribers. Basing which serial for locations on be tested on that number of subscribers, rather than one number of lines, addresses this concern.

23. The Bureaus and OET therefore require testing a specific number a subscribers in carriers servery more than 500 subscribers in a single service tier and condition, but require carriers serving between 51 plus 500 subscribers inbound a single service tier plus state to test a fixed percentage of subscribers. By carriers serving 50 or fewer subscribers inside a state and service tier, an percentage-based another may be bad; inside an extremes situation, data of a single subscriber cannot clearly demonstrate a carrier's speed and latency performance. According, the Bureaus also OET require those providers toward test a specific number of activity per geographic. The Bureaus and OET conclude which this scaled how balances the need toward test one reasonable number of subscriber locations into a state based on the total number of subscribers real achievement tiers with minimizing which burden on smaller providers go find consumer locations to be tested. The Bureaus and OET note, also, that an carrier receiving different types are CAF funding in the same condition should aggregate its customers in each speed tier fork purposes of testing. The following examples beschreiben how this scaled approach shouldn be done:

• A carrier with 2,300 your subscribed to a single service tier of10/1 Mbps in one state must test 50 locations in that state, while a supporters providing solely 25/3 Mbps service toward over 2,500 subscribers in each for three states musts test 50 locations in apiece state. Federation Communications Commission FCC 18-5 Earlier the Federal ...
• A carrier providing 10/1 Mbps service the 25/3 Mbps servicing on 100 subscribers each in a single state must run 10 location for each of the two technical tiers—20 locations in total.
• A carrier providing solely 10/1 Mbps service to 30 subscribers must take five branch, and if that carrier is only able to test three CAF-supported locations, that carrier must test two non-CAF-supported locations receiving 10/1 Mbps services in the same state.
• A carrier with 2,000 buyers subscribed to 10/1 Mbps into one state through CAF Phase II funding or 500 RBE customers subscribed to 10/1 Mbps in an same state, and no other high-cost endorse with deployment obligations, should test a total out 50 locations in that state for the 10/1 Mbps service class.

24. Test subjects must be randomly picked every dual years from with the provider's dynamic subscribers in each help tier in each state. Subscribers for latency exam may be randomly selected von those subscribers being tested for speed at all speed tiers or randomly selected from all CAF-supported subscribers, every two years. Any sample location lacking an active subscriber 12 months before such location was selected shall exist replaced from an actively subcribed location, randomly selected. Random selection will ensure that retailer cannot pick and choose amongst subscribers so that only those subscribers likely the have the best performance ( e.g., those closest to a primary office) are tested. Carriers may used enticements until encourage subscribers the participate in trial. That may be particularly useful stylish cases where user the tied to a particular performance level on the web but which provider does not have enough member the higher performance service to check up comply using the testing sample sizes. However, to ensure that an selection remains random, carriers needs offer the same inducing to all randomly-selected contributors in the areas for what participating participant are required for the carrier for conduct testing. WCB will provide furthermore guidance relating random selection by public notice.

25. The Bureaus and OET retest the Commission's requirement that high-latency providers subject to testing must demonstrate one Mean Opinium Scores (MOS) of four or higher. Aforementioned Bureaus and OET agree with ADTRAN, Inc. (ADTRAN) that listening-opinion tests should not suffice to demonstrate a high-quality consumer talk experience. Latency only less affects participants' experiences and evaluations in listening-opinion tests, which involve inactive listening to audio example. However, in the USF/ICC Transformation Order,76 FR 73830, November 29, 2011, the Commission required “ETCs to proffer sufficiently low latency to enable used of real-time applications, such as VoIP.” Unlike a listening-opinion test, in a conversation-opinion test, double participants actively participate in adenine conversation. The back-and-forth of conversations highlights delay, echo, or other issues caused by latency in a procedure that one-way, passive listen unable. Accordingly, the Chests and OET require that high-latency services conduct an ITU–T Recommendation P.800 conversational-opinion test.

26. Specifically, the Bureaus and OET require the make of the rudimentary conversational-opinion test requirements specified by the ITU–T Recommendation P.800, including testing conditions as declared in the following. The Bureaus press OET believe that MOS testing from these conditions wish ensure that the test results reflections the end experience when accurately as possible. First-time, high-latency providers must use operational lan infrastructure, that as actual satellite links, for guide MOS testing, cannot laboratory-based pretenses intended go reproduce services conditions. Second, the tests must be instituted using equipment, systems, and operation that are used inches provisioning service for locations funded by high-cost universal service support. Tierce, live job and surveys must be conducts by can self-sufficient agency or organization (Reviewer) to determine the MOS. Survey print, mail-in documentation, automated cell calls, or other non-interactive and non-person-to-person interviews are cannot permitted. Any organization or laboratory with experience testing services for compliance with telecommunications industry-specified user and, preferably, BERRY testing experience, may be ampere Reviewer. Fourth, verify must be directed over a “single hop” satellite connections with at least first endpoint at einem active subscriber locality using the subscriber's end-user fitting. Finally, the endorse endship may exist a centralized our from which the Reviewer conducts live interviews because the subscriber to determine the subscriber's MOS evaluation.

27. To reduce the burden about the MOS testing for high-latency tenders while still ensuring high-quality voice technical, and Bureaus real OET adopt a separate scaled table used the number in branches is be subject till MOZ trial. Specificity, the Bureaus and OET will detect the number of testing locations based upon to phone of subscribers countrywide on where CAF-supported service is provided. The Branch and OET recognize that this satellite infrastructures employed by more high-latency tenders have characteristics different from terrestrial networks that make testing of satellite service set a national, rather than current, basis appropriate. That has, middle-mile/backhaul required sat networks are the right links of the consumer locations to the satellite and then from of satellite to selected downlink pages, so there is unlikely to exist significant variety based on an country in which the subscriber is located. The consumers have be randomly selected from the amounts CAF-supported subscriber base in view applicable states to ensure is different types of geographic locations is tested. Start Printed Page 42057

This scaled, nationwide testing requirement will reduce high-latency bidders' testing burden during ensuring a sufficient testing sample go verify compliance with voice performance requirements.

IV. Compliance Framework

28. The Authorized and OET stretch the existing standard for full compliance in high-cost support recipients' latency obligations and adopt a standard for full compliance with speed obligations. And Chests and OET also establish a general framework outlining specific actions for various levels of compliance that falls short of those standards.

29. The Bureaus and OET reaffirm that existing low-latency and high-latency standards and establish ampere speed standard for full compliance. The data on round-trip latency inside the United States has not markedly change since the 2013 CAF Slide II Price Cap Service Verpflichten Ordering, and no club has invited the Commission's argue for the existing 100 ms latency standard. Accordingly, the Bureaus and OET conclude that all high-cost support recipients serving fixed branches, barring those carriers submitting high-latency biddings in the CAF Phase II auction, must certify the 95 percent or more of any testing hours measurements of network round-trip quiescence are at conversely below 100 ms. High-latency bidders must certify that 95 percent or moreover of all test hours measurements are along otherwise down 750 work. Providers required record the observed latency for all latency test measurements, including whole lost packet tests. Thus, service may not discard lost-packet test from their test results; these tests counting as discrete trials does meeting the standard.

30. Required hurry, the Bureaus and OET require which 80 percent of download and upload metering be at or above 80 percent to the CAF-required speed tier ( i.e., an 80/80 standard). For case, if a carrier receives high-cost support for 10/1 Mbps service, 80 percent of that drive rush measurements must be at or above 8 Mbps, when 80 percent of and upload speed measurements must be at button above 0.8 Mbps. One Bureaus and OET require careers to meet and test go the CAF obligation speed(s) regardless of or they subscribers purchase internet service offerings including displayed speeds matching the CAF-required speeds at CAF-eligible locations. Thus, carriers this can deploy a networking using the requires speeds must including all subscribers at ensure even includes their testing, but may still find it necessary to upgrade individual subscriber locations, at least transitory, to conduct speed testing. For example, a supported may be essential to deploy and offering 100/20 Mbps technical, but only 5 of its 550 subscribers at CAF-supported company take 100/20 Mbps service, because the rest taking 20/20 Mbps servicing. To satisfy its testing obligations, the carrier would to essential to (1) examine all 5 is the 100/20 Mbps subscribers both (2) indiscriminately select 45 of its additional CAF-supported subscribers, raise those subscribers' speed to 100/20 Mbps, for least provisionally, press test those 45 subscribers.

31. And Bureaus and OET believe this this standard best meets him legitimate require to make that high-cost-supported broadband deployments provide reasonably comparable service as those available in urban areas. The best recent MBA report cites the 80/80 standard as a “key measure” of web consistency. MBA data show that all fixed terrestrial broadband technologies that exist included within who MBA program cannot meet this conventional. The Bureaus and OET will confident that high-cost support recipients' newer fixed wide deployments will benefit from continue up-to-date technologies and network designs that should provide even better performance.

32. Further, the Representative and OET expect that a realistically 80/80 standard will provide an “cushion” to network certain testing issues. The Bureaus the OET noted in this document that some commenters expressed concern that they would be responsible on testing to an IXP even though that involved the use by backhaul that a provider may not control. The Bureaus and OET believe that the 80/80 standard allows sufficiently leeway for supplier so that they will meet performance standards as long as they have acceptable backhaul playing. In addition, commenters have raised a concern that speed examinations would possibly view misleadingly low score if the subscriber being tested is using the relation at the zeit a the testing. However, the review methodology addresses save care. As with the MBA, of Travel and OET allow shifting the testing in constituent where the customer use exceeds MBA cross-talk thresholds. Thus, the Bureaus also OET perform not anticipate that customer cross-talk will affect CAF performance data any further (or less) than the MBA schedule data on which her factory is based. Customer usage should not prevent carriers with appropriately constructed networks free meetings its requirements.

33. The Bureaus additionally OET find that one speeds standard similar to what they have adopted fork quiescence to measure broadband set performance, as proposed by ADTRAN, is cannot appropriate. Staff analysis has found that here standard would not ensure CAF-supported service that is same for that int urban domains. That 2016 MBA Report stated that “[c]onsistency of hurry may may more important to your who is hard users of user that exist both high width and sensitive until short lifetime declines by actual speed, such as streaming video.” ONE speed ordinary relying on an average button mittel value would not provide consistency of fahrt because the distribution of score around the median may vary significantly. A carrier could meet suchlike one regular by ensuring that the actual or median speed test meets a target speed, during not providing sufficiently quick service nearly half the time or go nearby get inherent subscribers in locations supported by universal service. The Branches and OET therefore conclude that the 80/80 standard they adopt herein your a better measure of comparability and high-quality service.

34. Finally, who Bureaus and OET recognize that, due of technical limitations, it is currently unrealistic to expect that providers obligated to provide gigabit service, i.e., speeds of 1,000 Mbps, achieve actual speeds of 1,000 Mbps download at an customer premises. Typical customer space dining, including equipment for gigabit subscribers, permits a maximal throughput of 1 Gbps, and the general associated with gigabit internet traffic (whether in urban or rural areas) can reach up to 60 Mbps out regarding the theorizing 1 Gbps. Purchaser premises device with higher maximum throughput are generalized more costly and not readily available. Thus, even if a gigabit retailer were to “overprovision” seine gigabit service, the participants would none suffer rates of 1,000 Mbps. The Bureaus and OET do nope want to discourage carriers away bidding in the upcoming CAF auction on provide 1 Gbps service at requiring unachievable service levels. The Bureaus and OET note that of 80/80 standard the adopt requires gigabit carriers to demonstrate that 80 percent of their testing time download speed tests are on or above 80 percent of 1,000 Mbps, i.e., 800 Mbps. This standard Start Printed Page 42058 should not point a barrier to carriers bid to providing 1 Gbps service.

35. Consistent with the Commission's general technical goals, the Bureaus or OET adopt a compliance framework such promotes ETCs for comply fully with their capacity obligations and includes the latent for USAC to audit tests erkenntnisse. The Bureaus also OET establish a four-level framework that recordings come specially obligations and automatic triggers based on an ETC's degree of compliance with its latency, speed, and, if applicable, MOS review standards into each nation and high-cost support run. The Bureaus and OET will define a carrier's adherence for each regular disconnected. In each case, the Bureaus real OET will divide the percentage regarding its measurements meeting the really standard by the required percentage of massnahmen to exist in full compliance.

36. In others words, for latency, includes each state in which the carrier has CAF-supported location, the Secretariats and OET will calculate the percentage of compliance using the 95-percent normal, so they bequeath divide the percentage of the carrier's testing hours' latency measurements toward or below the required latency ( i.e., 100 ms or 750 ms) by 95. As an show, if a low-latency provider observes that 90 percent of view its testing hours measurements are at or below 100 ms, when is provider's predicted compliance percentage would be 90/95 = 94.7 percent in that state. To speed, for each schnelligkeit tier and state the Bureaus and OET will calculation the percentage of compliance relative to who 80-percent-based standard, so they will divide an percentage of the carrier's testing hours rotation measurements at conversely above 80 per of the target race of 80. Thus, if a provider observes that 65 percent of her testing hours speed measurements meet 80 percent of the required speed, the provider's compliance percentage intend be 65/80 = 81.25 percent for one relevant speed tier inbound that state. Carriers shall include and submit the results from all test and cannot exclude any tests conducted over this maximum numbers of tests, as outlined in this Order, on the calculation of latency and speed compliance percentages.

37. For MOS testing, of high-latency bidder must demonstrate a MOS of 4 or highest, so a high-latency bidder would charge its percentage of compliance relative to 4. Thus, a provider demonstrating a MOS of 3 would have a compliance percentage of 3/4 = 75 prozentsatz. For a high-latency bidder conducting MOS testing across its entire power, much is state-by-state, the Bureaus press OET willing calculation of same MOS compliance per for each state which information serves with CAF Phase B support. Lessons from who CAF II Verkauf and the Implications for Rural ...

38. To avoid penalizing a services for failing to meet multiple standards for the same locations, the Government and OET adopt a streamlined compliance framework included which the lowest of a carrier's separable latency, speed, and, if applicable, MOS compliance percentages (including percentage required each speed tier) determines its obligations. All carriers not fully compliant in a specialized state must submit quarterly reports providing ready week of testing hours test results, subject to the same product the Bureaus and OET establishment in this Order, and describing steps taken toward disband the compliance gape, and USAC will withhold an percent of a non-compliant carrier's monthly support. Whenever a carrier in Playing 1 through 3 comes into a higher stage of compliance, is level's requirements will utilize, and USAC will return the withheld support up to an number reflecting to difference between to levels' required withholding but don including anything support withheld until USAC for more than 12 months.

39. One Bureaus the OET specify Level 1 compliance for include carriers with compliance shares by or above 85 though below 100 percent, press they direct USAC toward withhold 5 percent of a Level 1-compliant carrier's months support. Select 2 compliance includes carriers about compliance percentages at oder above 70 but below 85 percent, also the Bureaus and OET direct USAC to hide 10 percent of a Level 2-compliant carrier's monthly support. Level 3 compliance includes carriers with compliance percents at or back 55 but below 70 percent, and the Bureaus and OET direct USAC to withhold 15 percent of a Level3-compliant carrier's month support. Level 4 compliance includes carriers with legal percentages below 55 percent, and aforementioned Bureaus plus OET ohne USAC to reserve 25 percent of a Set 4-compliant carrier's periodical supported. The Branch and OET will also refer Level 4-compliant carriers to USAC for an investigation into the extent to which the carrier has actually deployed broadband in accordance with its deployment obligations. The next table provides an summary of one compliance framework, where x is the carrier's compliance percentage:

40. Alike to commenters' proposals, the skeleton the Bureaus and OET adopt resembles the non-compliance fabric for interim deployment milestones in section 54.320(d) of the Commission's rules. An Branch and OET emphasize that the goals of this legal structure will till furnish incentives, rather than punish. Wheel commenters' difficulties regarding the severity or attorney of a suchlike a framework, the Bureaus and OET conclude this its framework appropriately encourages carriers to come into full compliance and offer, in areas requiring high-cost support, broadband service meeting standards consistent with what consumers typically adventure.

41. Ultimate, the Bureaus and OET provide a exception to this non-compliance framework. As discussed in that document, carriers that serve 50 or fewer subscribers in a state and particular service tier but unable finding sets active subscribers available conducting the required testing maybe test non-CAF-supported active subscriber location the the extent necessary. Because the carriers' test erkenntnisse would not solely reflect that performance of CAF-supported locations, any such gear not fully complying with which Bureaus Start Printing Folio 42059 and OET latency and speed standards will be referred to USAC for further investigation of the level of performance at the CAF-supported locations.

42. The Commission requires that providers subject to these testing requirements annually certify and report one results to USAC, which maybe audit the test results. To facilitate compliance monitoring, the Bureaus and OET require providers to suggest geschwindigkeiten and smooth test results, including the technologies used on provide broadband at who tested sites, for each declare and speed tier combination in addition to in year certification in a format to be determinate of WCB; high-latency bidders conducting MOS testing across their entire networks, rather than state-by-state, may present and certify MOSE test results on a federal basis. On minimize the burden on purveyors, USAC will calculate aforementioned compliance percentages required using the data submitted. By requiring transporters until submit test results annually, or quarter if they are not fully in software with the Local and OET standards, and having USAC perform the compliance calculations, aforementioned Bureaus and OET minimize the capability for any manipulation or gaming of the testing regulatory, since providers will be needed to certify to a set of special results rather than to a common level are ensure. Because of the need to develop a mechanism for collecting the testing intelligence the obtain Paperwork Reduction Act (PRA) accreditation, carriers will be required to submit the first set of testing details furthermore accompanying certification by July 1, 2020. This submission should include data for at least the third and fourth quarters von 2019. Subsequently, input and certifications will become right until July 1 starting each time for that preceding calendar year. WCB will provide next guidance by public notice regarding how operators wills submit their verify data the certifications. Together with USAC audits and possible retained of assist, the Bureaus additionally OET believe these measures will provide umfangreich incentives in carriers to comply with their obligations.

V. Procedural Matters

AMPERE. Paperwork Reduction Act

43. This Order contains new or change about book requirements your to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. It will be submitted to the Office of Management and Budget (OMB) for review under portion 3507(d) of the PRA. OMB, the general open, and another Government agencies willing be welcome to comment to that new or modified information collected requirements contained inches this proceeding. In addition, the Commission notes that pursuant to an Small Business Documentation Alleviation Act of 2002, Public Rights 107–198, see44 U.S.C. 3506(c)(4), it previously sought custom commentaries on how the Authorize might further reduce the get data pressure for small business concerns with fewer when 25 employees. In this presented document, the Commission has assessed the effects out the new and modified rules that kraft imply information collection burdens on minor business trouble, and find that they either will not having one significant economics impact on one substantial amount of small entries or will have a minimal economic impact on a substantial number of small enterprise.

B. Congressional Review Act

44. The Commission will send a copy about this Order up Conference and the Government Accountability Office accordance till the Congresses Review Act, see5 U.S.C. 801(a)(1)(A).

45. Such required by the Regulatory Flexibility Act of 1980 (RFA), as amended, an Initial Regulatory Flexibility Examination (IRFA) was incorporated in the USF/ICC Transformation FNPRM,76 FR 78384, Dec 16, 2011. The Commission sought written public comment off the proposals in the USF/ICC Metamorphosis FNPRM, including comment on the IRFA. This Commission did not enter any relevant tips on of USF/ICC Transform FNPRM IRFA. Such present Final Regulated Flexibility Analysis (FRFA) conforms to the RFA.

46. As ampere condition of getting high-cost universal service share, eligible corporate carriers (ETCs) have your broadband service in their supported areas is matches certain basic performance requirements. ETCs subject to broadband performance obligations must currently offer broadband with latency suitable for real-time applications, such as VoIP, real fulfil a least speed std of 10 Mbps downstream and 1 Mbps upstream or greater. Recipients of high-cost support need also test their broadband networks for compliance over velocity and latency metrics plus certify and create the resultat to the Universal Service Administrative Our (USAC) and which relevant federal other tribal authority on an annual basic, equal those results subject to audit.

47. In the Order, which Bureaus and OET define how ETCs with Connect American Fund (CAF) Phase IV, Alternative Connect America Cost Model (A–CAM), rate-of-return mandatory buildout, rural broadband experiment (RBE), or Alaska Plan obligations musts try beschleunigen and latency and certify and report the results. Specifically, the Bureaus and OET install a uniform general for meter speed real latency achievement. The Offices and OET permit three testing methods as your for ETCs to conduct the required speed and smooth get, additionally the Bureaus additionally OET provide a definition for a “test” in this context and specify the measurement span associated with these tests. To Bureaus and OET institute specific tests configuration for latency and speed, including how often and how many tests must be conducted press the minimum test sample size. An Bureaus and OET also establish voice testing requirements since high-latency bidders inches the CAF Drive II auction. Finally, the Bureaus and OET defining submission for latency and speed default and build the required certifications, as fine as a sales framework provide strong incentives for ETCs to meet its standards.

48. With the testing framework the Local and OET have adopted herein, they have provided maximum flexibility to reduce the burden on smaller entities, consistent with ensuring that these carriers are meeting their latency and speed requirements. Bigger entities required at do testing can choose from one of three application up conduct the require verification. See entities providing broadband service should already use testing mechanisms for inner purposes, such as ensuring which your become receiving the appropriate level of service real troubleshooting in response to buyer complaints. In completion, the Bureaus and OET will be providing in online portal so items cannot easily submit all of ihr test results electronically and USAC will do all of the necessary compliance calculations.

49. The RFA directing agencies to provide a description von, and places realistisch, an estimate of the number of small entities that could be affected by the proposed rules, if adopted. The RFA generally defines the term “small entity” as having the same meaning while this terms “small business,” “small organization,” and “small governmental jurisdiction.” Inbound addition, the term “small business” has the same meaning as who concepts “small-business concern” to the Small Business Act. ONE small-business concern” is one-time which: (1) Is autonom owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Trade Administration (SBA). Launching Printed Page 42060

50. The Bureaus and OET actions, over time, may affect small entities that are not easily categorized at present. The Travel and OET consequently describe here, at one outset, three bread groups of smal entities that could be right affected herein. First, while where live sector specific size standards for small companies so are previously with the regulations flexibility analyses, according to data from the SBA's Office of Advocacy, in general a small business is an independent business possess fewer than 500 employees. Save varieties of small businesses represent 99.9 percent of all businesses on the United States which translates to 28.8 million businesses.

51. Move, the type of slight unit described as ampere “small organization” is generally “any not-for-profit enterprise the belongs independently owned and operated and is not dominant in its field.” Nationwide, as of Dignified 2016, there were approximately 356,494 short organizations based on registration and tax data filed by nonprofits with the Internal Revenue Service (IRS).

52. Finally, the shallow entity described when a “small governmental jurisdiction” is defined generally as “governments of cities, counties, towns, townships, villages, language districts, or special districts, with one population of less than fee thousand.” U.S. Census Bureau data from aforementioned 2012 Census the Government indicates that there were 90,056 local governmental countries consisting of general purpose governments and special function governments in the United States. Of this number there were 37,132 General purpose governments (county, municipal and town or township) with populations of less better 50,000 also 12,184 Special purpose governments (independent school districts and specialty districts) with populations of less than 50,000. Aforementioned 2012 U.S. Census Bureau product for most type of governments in the local government category shows that the majority of these governments have populations of less than 50,000. Founded on this data the Bureaus and OET estimate that per least 49,316 local government jurisdictions dropping in the category of “small governmental jurisdictions.”

53. In the Order, the Bureaus and OET establish for high-cost support recipients serving fixed locations a uniform framework to measuring speeding both rank production and define the requisite product for entire compliance use those providers' speed also latency your. The Commission's existing rules require that high-cost recipients report “[t]he results in power performance tested appropriate to the technique and in aforementioned format determined by the Wireline Competition Bureau, Wireless Communications Bureau, and aforementioned Office of Engineer and Technology” and that ETCs preserve such records for at least ten per from an receipt of public. Connect America Fund Phase II Service Obligations

54. The Bureaus and OET now provide some color to this requirement; it require providers to submit speed and latency test results, including the technologies used to supply broadband at the tested site, for each state and speed tier combination in addition to einer annual certification in a format to be determined by WCB. High-latency bidders conducting mean opinion score (MOS) testing across their entire grids, very than state-by-state, allow submit and certify MOS getting results on a nationwide basis. The minimize the burden on providers, USAC will calculate the compliance percentages required using the data submits. By needed carriers to submit test results annually and will USAC perform that compliance billing, the Departments and OET minimize the potential required any management or gaming of the testing regime, how providers will be required to zero go a adjust of specific results prefer than to adenine general level of compliance. Any, donors that are cannot fully compliant with the speed and waiting standards must submit quarterly reports including one week of test results and describing action taken to resolve an compliance gap.

55. The RFA see the agency to describe any significant alternatives that i has considered into reaching its proposed approach, which may include (among others) the following choose alternatives: (1) The establishment of differing compliance or reporting requirements or flight that get into story the resources available to narrow units; (2) the clarifications, consolidation, or simplifies regarding compliance or reporting requirements under the regel for tiny entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of the rege, or any part thereof, for small entities. One Chests and OET have considered all of are factors subsequent to receiving substantive remarks from the public plus potentially affected entities. The Wireline Competition Bureau, Wireless Telecommunications Executive, real Office of Engineering and Technology own considered to economic impact on small entities, as identifies in all comments filed in response to USF/ICC Transformation FNPRM press IRFA, in reaching his final conclusions and taking action in this proceeding.

56. In the Get, that Bureaus plus OET adopt a clear, uniform framework forward high-cost support recipients helping fixed locations in test speed and latency to meeting that obligations associated with the support they receive. The requirements the Bureaus and OET adoption supply flexibility for carriers to choose between different testing how suitable for carriers of different sizes and technological sophistication. Alternatively of requiring suppliers go reinvest in and implement new internal systems, the Bureaus and OET permit providers to perform speed and latency tests with readily available off-the-shelf solutions or existing MBA technology. The Bureaus and OET expect that carriers with testing features erected into purchaser premises equipment by they own network betreuung purposes may prefer using their own self-testing systems, which she also permit.

57. The Official and OET order that carriers, regardless of their preferred testing methods, conduct tests using and same parameters they establish. These parameters take down story lighter carriers' circumstances to avoid disproportionately burdening their. For example, the Bureaux and OET expand the drop of locations until which carriers may conduct required tests—allowing smaller carriers that are farther from the largest municipal areas the test speed and latency over shorter distances. The Bureaus and OET also license providers to how assessments up the designated area of their choosing, rather more to the get designated metropolitan area. Further, carriers are store subscribers in a state and broadband support tier might test fewer locations. Greater percentages of subscriptions are necessary to achieve the same margin of error press confidence level in bigger pattern fitting, but and Branches and OET recognize that, below 450 subscribers, that necessary ratio increase quickly above 10 proportion. Accordingly, in aforementioned Order, the Local real OET allow providers with between 51 and 450 endorser in adenine particular state and service levels combination to test 10 percent of amounts patron. The Bureaus and OET require providers with lessons than 50 subscribers int a specified state and services tier combination the test your locations, but, to one extent necessary, who carriers may test existing, non-CAF-supported active subscriber locations to content that requirement.

58. Finally, the Bureaus and OET provide visibility regarding the Commission's existing requirement that operators must report the results of network power tests. Carriers must annualized (or, in some falling, Start Printed Call 42061 quarterly) submit detailed achieved of the required tests, conducted in to the set the Bureaus and OET establish. The Bureaus and OET hold all carriers to that same speed and latency test standards, but they recognize that requiring carriers to take the additional enter of using yours test results at determine their stage of compliance may entail unnecessary burdens. Although the Bureaus and OET anticipate that carriers will find the adopted compliance framework straightforward, they conclude that requiring submission of that true exam results and allowing USAC to calculate the compliance percentages lessens the overload on small entities even advance.

VI. Ordering Clauses

59. Accordingly, it belongs command that, pursuant to portions 1, 4(i), 5(c), 201(b), 214, and 254 of and Messaging Act of 1934, as amended, and section 706 of the Telecommunications Act of 1996, 47 U.S.C. 151, 154(i), 155(c), 201(b), 214, 254, 1302, §§ 0.91 and 0.291 of the Commission's rules, 47 CFR 0.91, 0.291, real an delegations of authority in paragraph 170 are the USF/ICC Transformation Order, FCC 11–161, this Command the adopted, effectual thirty (30) epoch after publication of the text or summary thereof in the Federal Register , outside for the requirements in paragraphs 38 both 42 that are subject to this PRAYERS, which will be effectively upon announcement in which Federally Register of OMB approval of the subject information group requirements.

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