(1)
Wireline communications providers. A wireline communications provider that satisfies the prerequisites in WAC
480-123-100 may petition the commission to receive support from the program. The provider must petition the commission each year to be eligible to receive support from the program the following year. The petition must include the following information:
(a) The name of the legal entity that provides communications services and is seeking program support;
(b) A corporate organization chart showing the relationship between the legal entity identified in (a) of this subsection and all affiliates as defined in RCW
80.16.010 and a detailed description of any transactions between the provider and those affiliates recorded in the provider's operating accounts;
(c) A service area map or detailed reference to any maps on file with the commission showing the provider's Washington service area;
(d) The provider's broadband plan to provide, maintain, or enhance broadband services in its service area should include the following elements, to the extent applicable to the broadband plan:
(i) Multiyear investment plan;
(ii) Specific project(s) that are projected to provide or enhance broadband services at speeds required by the commission or the Federal Communications Commission. Project information will include an estimated timeline, geographic location, number of locations passed, and upload and download speeds;
(iii) A plan for maintenance of broadband services in the provider's service area;
(iv) A description for how the provider will enhance broadband services in its service area; and
(v) Any supporting information that the commission requests to assist its review and analysis of the provider's broadband plan.
(e) For a provider that is seeking support under (j)(i) of this subsection, detailed financial information and supporting documentation in a form prescribed by the commission for the provider's total Washington regulated operations for the two calendar years prior to the year in which the provider is filing the petition including, but not limited to, the following:
(i) The provider's balance sheet and statements of income and retained earnings or margin from, or in the same format and detail required in, Rural Utilities Service (RUS) Form 479;
(ii) The provider's consolidated audited financial statements; if the provider does not have consolidated audited financial statements prepared in the normal course of its business, the provider must submit financial statements reviewed by a certified public accountant;
(iii) Information demonstrating the provider's earned rate of return on a total Washington unseparated regulated operations basis for each of the two prior years;
(iv) Information demonstrating the provider's earned return on equity on a total company (regulated and nonregulated) Washington basis for each of the two prior years;
(v) Information detailing all of the provider's revenues from the statements of income and retained earnings or margin section of RUS Form 479 for the two prior years; if the provider does not submit RUS Form 479, the provider must file with the commission the same revenue information specified in this subsection that is required to complete the applicable portion of that form;
(vi) Information summarizing the amounts of any corporate operations adjustments to existing high-cost loop and interstate common line support mechanisms the Federal Communications Commission required of the provider for the two prior years or a sworn statement by a company officer certifying that no such adjustments apply to the provider; and
(vii) Any additional supporting information the commission requests to enable it to analyze the provider's financial results for program purposes.
(f) An unsworn statement by a company officer certifying that the company complies with state and federal accounting, cost allocation, and cost adjustment rules pertaining to incumbent local exchange carriers;
(g) Information detailing the number of residential and business local exchange access lines and broadband connections the provider or its affiliate served as of December 31st for each of the prior two years, and the unbundled monthly basic rate(s) or charge(s) applicable to each customer class;
(h) An unsworn statement by a company officer certifying that if the provider receives program support it will continue to provide communications services throughout its service territory in Washington for which it is seeking and receives program support and the provider, or its affiliate if appropriate, will continue to provide broadband services during the entirety of the year in which the provider is applying for support from the program;
(i) An unsworn statement by a company officer certifying that the provider is in compliance with the Federal Communications Commission's obligations for deployment of broadband at speeds specified by the Federal Communications Commission that apply to the provider; and
(j) Satisfaction of at least one of the following eligibility criteria:
(i) Eligibility criterion one: An unsworn statement by a company officer certifying that the provider commits to the deployment of broadband to the number of locations the commission has determined by order. Such deployment obligations are in addition to any Federal Communications Commission deployment requirements. Additionally, a provider that elects to petition the program for support under this category is subject to review of its rate of return and financial reporting requirements as described in (e) of this subsection.
(ii) Eligibility criterion two: An unsworn statement by a company officer certifying that the provider commits to the deployment of broadband to the number of locations the commission has determined by order. Such deployment obligations are in addition to any Federal Communications Commission deployment requirements.
(iii) Eligibility criterion three: An unsworn statement by a company officer certifying that the provider has already met the Federal Communications Commission's total deployment obligations associated with federal high-cost program support as of the date of the petition and that since January 1, 2018, the provider has deployed broadband to the number of locations the commission has determined by order. If a company has deployed broadband to a number of locations less than the number required by commission order, the company certifies that it will deploy broadband to the remaining number of locations.
(iv) Eligibility criterion four: An unsworn statement by a company officer certifying that broadband service is available to 100 percent of locations within the provider's service area, and commits to making broadband service available to any new locations.
(2)
Wireless communications providers. A wireless communications provider that meets the requirements in WAC
480-123-100 may petition the commission to receive support from the program. The provider must petition the commission each year to be eligible to receive support from the program the following year. The petition must include the same type of information for the same periods required of wireline communications providers in subsection (1) of this section. The first time a wireless communications provider seeks to file such a petition, the provider must first submit its request to the advisory board, pursuant to any guidelines the advisory board will adopt, detailing how the provider will compile and supply the information required by this rule. The advisory board will make a recommendation to the commission, and the commission will determine the precise information the provider must file in support of its petition.
(3)
Other communications providers. A communications provider other than a provider specified in subsection (1) or (2) of this section that meets the requirements of RCW
80.36.650 (3)(b) and WAC
480-123-100(3) may petition the commission to receive support from the program. The provider must petition the commission each year to be eligible to receive support from the program the following year. The petition must include the same type of information for the same periods required of communications providers in subsection (1) of this section. The first time a communications provider seeks to file such a petition under this section, the provider must first submit its request to the advisory board, pursuant to any guidelines the advisory board will adopt, detailing how the provider will compile and supply the information required by this rule. The advisory board will make a recommendation to the commission, and the commission will determine the information the provider must file in support of its petition.
(4) Information already on file with the commission. To the extent that the provider has filed with the commission any of the information required under this rule, the provider need not include that same information in its petition so long as the provider identifies the docket number, documents, and location within those documents in which the provider included that information.
(5) Timing of petitions. A provider must file a complete petition that fully complies with this section no later than August 2nd if the company seeks support from the program for the following calendar year.
(6) Certification. One or more company officers responsible for the provider's business and financial operations must certify in the form of a sworn statement that the information and representations made in the petition are accurate and that the provider has not knowingly withheld any information required to be provided to the commission pursuant to the rules governing the program. The provider must file this certification with its petition.
(7) Affiliated companies may submit a combined petition for support.