Process for State Eligible Entities to Obtain

State-Specific Aggregate FCC Form 477 Data

The Commission’s Wireline Competition Bureau may provide electronic access to state-specific aggregate data collected on Form 477 to state “eligible entities,” subject to conditions set forth in the Broadband Data Improvement Act (BDIA), as implemented in the Commission’s Eligible Entities Aggregate Form 477 Data Order. Eligible entities are the sole designees of each state that are eligible to receive a BDIA State Broadband Data and Development grant, with access to the aggregate data that the Commission collects from broadband service providers on Form 477. This webpage summarizes the procedures, described in our Order, which an eligible entity must follow to obtain access to the aggregate data – including, in particular, data for the June 30, 2009 and subsequent semi-annual data-collection periods. These data will be available only by download from a secure, on-line system, which requires a User Name and Password that the Wireline Competition Bureau will provide.

The Eligible Entities Aggregate Form 477 Data Order requires each prospective party seeking access to aggregate data to demonstrate that it qualifies as an eligible entity by submitting a Letter of State Designation documenting the fact that it is the single eligible entity in the State that has been designated by the State to receive a grant under BDIA section 106(i)(2). The Commission has also conditioned its release of the aggregate data upon a commitment from each eligible entity that it will abide by the protections of section 106(h)(2) of BDIA; and requires each eligible entity to execute and submit a Declaration, found in Appendix B of the Order, containing an express commitment to protect the data as required. The Declaration must be signed by a corporate officer, director, managing partner or equivalent official of the eligible entity. A blank copy of the Declaration is available here. 

· Each eligible entity must file a copy of its Letter of State Designation and its executed Declaration with the Commission’s Electronic Comment Filing System (ECFS) in Docket No. 07-38.

· Each eligible entity must also send an email to the Chief, Wireline Competition Bureau at Sharon.Gillett@fcc.gov and to the Chief, Industry Analysis and Technology Division, at Rodger.Woock@fcc.gov. (Please use a subject line such as “Eligible Entity Request for Access.”) The email must include the following attachments:

1. Letter of State Designation

2. Eligible entity’s executed Declaration.

After reviewing this information and making its determinations, Wireline Competition Bureau staff will arrange to deliver User Name, Password, and instructions to access the secure, on-line system to the person signing the eligible entity’s Declaration.

For more information about these procedures, eligible entities should first consult the Eligible Entities Aggregate Form 477 Data Order. Eligible entities may direct questions regarding procedures for accessing the data to the Commission at 477sharing@fcc.gov.