The Commission’s July 24, 2023, EA-CAM Order (Order) provided electing carriers with a new offer of USF support and established new broadband deployment obligations. EA-CAM carriers must deploy 100/20 Mbps or faster broadband services to locations for which voice and broadband services at this level are not yet available or lack an enforceable commitment to provide 100/20 Mbps service, i.e. “required locations”. Electing carriers are required to complete deployment of 100/20 Mbps broadband service by the end of 2028. In addition, the Order addressed performance measures testing requirements for EA-CAM electing carriers.
Regarding performance measures testing requirements, the Commission provided additional guidance in its August 30, 2023, Implementation Order. In this Order the Commission acted to implement a specific schedule regarding the performance measures testing regime for EA-CAM carriers. This schedule establishes January 1, 2026, as the start date for EA-CAM carriers’ “pre-testing” period, in which carriers must test the speed and latency of their networks quarterly for a week-long period and submit the results within one week of the end of each quarter. Further, January 1, 2027, was established as the start date for EA-CAM performance testing, after which carriers may be subject to the performance measures non-compliance rules. In addition, the Implementation Order clarified that test locations will include all locations to which the EA-CAM carrier has deployed or will deploy 100/20 Mbps service, not just the carriers’ required locations.
Further information was provided relative to performance measures testing requirements for EA-CAM carriers in the Commission’s October 30, 2023, Authorization Public Notice. The Notice stated that EA-CAM carriers were required to continue to conduct performance testing consistent with the requirements of their prior USF program until the Commission had confirmed that an EA-CAM carrier was in compliance with their deployment and performance obligations under the prior USF program because results for performance testing conducted in 2023 were not due until July 1, 2024. In a Public Notice dated December 4, 2023, it was further clarified that once it was determined that an EA-CAM carrier was following its prior USF program’s obligations, that carrier would no longer be subject to prior program deployment and performance measures requirements after they began receiving EA-CAM support. No further performance measures testing would be required until the January 1, 2026, pre-testing period begins.
