Goto Section: 61.38 | 61.40 | Table of Contents
FCC 61.39
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 61.39 Optional supporting information to be submitted with letters of
transmittal for Access Tariff filings effective on or after April 1, 1989, by
local exchange carriers serving 50,000 or fewer access lines in a given study
area that are described as subset 3 carriers in Sec. 69.602.
(a) Scope. This section provides for an optional method of filing for any
local exchange carrier that is described as subset 3 carrier in Sec. 69.602,
which elects to issue its own Access Tariff for a period commencing on or
after April 1, 1989, and which serves 50,000 or fewer access lines in a
study area as determined under Sec. 36.611(a)(8) of this chapter. However, the
Commission may require any carrier to submit such information as may be
necessary for review of a tariff filing. This section (other than the
preceding sentence of this paragraph) shall not apply to tariff filings of
local exchange carriers subject to price cap regulation.
(b) Explanation and data supporting tariff changes. The material to be
submitted to either a tariff change or a new tariff which affects rates or
charges must include an explanation of the filing in the transmittal as
required by Sec. 61.33. The basis for ratemaking must comply with the following
requirements. Except as provided in paragraph (b)(5) of this section, it is
not necessary to submit this supporting data at the time of filing. However,
the local exchange carrier should be prepared to submit the data promptly
upon reasonable request by the Commission or interested parties.
(1) For a tariff change, the local exchange carrier that is a cost schedule
carrier must propose Tariff Sensitive rates based on the following:
(i) For the first period, a cost of service study for Traffic Sensitive
elements for the most recent 12 month period with related demand for the
same period.
(ii) For subsequent filings, a cost of service study for Traffic Sensitive
elements for the total period since the local exchange carrier's last annual
filing, with related demand for the same period.
(2) For a tariff change, the local exchange company that is an average
schedule carrier must propose Traffic Sensitive rates based on the
following:
(i) For the first period, the local exchange carrier's most recent annual
Traffic Sensitive settlement from the National Exchange Carrier Association
pool.
(ii) For subsequent filings, an amount calculated to reflect the Traffic
Sensitive average schedule pool settlement the carrier would have received
if the carrier had continued to participate, based upon the most recent
average schedule formulas approved by the Commission.
(3) For a tariff change, the local exchange carrier that is a cost schedule
carrier must propose Common Line rates based on the following:
(i) For the first biennial filing, the common line revenue requirement shall
be determined by a cost of service study for the most recent 12-month
period. Subscriber line charges shall be based on cost and demand data for
the same period. Carrier common line rates shall be determined by the
following formula:
[er06jn97.008.gif]
where:
[er06jn97.009.gif]
And where:
CCL Rev Req = carrier common line revenue requirement for the most recent
12-month period;
CCL MOU b= carrier common line minutes of use for the most recent 12-month
period;
CCL MOU 1= CCL MOU [b]; and
CCL MOU 0= carrier common line minutes of use for the 12-month period
preceding the most recent 12-month period.
(ii) For subsequent biennial filings, the common line revenue requirement
shall be determined by a cost of service study for the most recent 24-month
period. Subscriber line charges shall be based on cost and demand data for
the same period. Carrier common line rates shall be determined by the
following formula:
[er06jn97.010.gif]
Where:
[er06jn97.011.gif]
And where:
CCL Rev Req = carrier common line revenue requirement for the most recent
24-month period;
CCL MOU [b]= carrier common line minutes of use for the most recent 24-month
period;
CCL MOU [1]= carrier common line minutes of use for the 12-month period; and
CCL MOU [0]= carrier common line minutes of use for the 12-month period
preceding the most recent 12-month period.
(4) For a tariff change, the local exchange carrier which is an average
schedule carrier must propose common line rates based on the following:
(i) For the first biennial filings, the common line revenue requirement
shall be determined by the local exchange carrier's most recent annual
Common Line settlement from the National Exchange Carrier Association.
Subscriber line charges shall be based on cost and demand data for the same
period. Carrier common line rates shall be determined by the following
formula:
[er06jn97.012.gif]
Where:
[er06jn97.013.gif]
And where:
CCL Rev Req = carrier common line settlement for the most recent 12-month
period;
CCL MOU b= carrier common line minutes of use for the most recent 12-month
period;
CCL MOU 1= CCL MOU [b]; and
CCL MOU 0= carrier common line minutes of use for the 12-month period
preceding the most recent 12-month period.
(ii) For subsequent biennial filings, the common line revenue requirement
shall be an amount calculated to reflect the average schedule pool
settlements the carrier would have received if the carrier had continued to
participate in the carrier common line pool, based upon the average schedule
Common Line formulas developed by the National Exchange Carrier Association
for the most recent 24-month period. Subscriber line charges shall be based
on cost and demand data for the same period. Carrier common line rates shall
be determined by the following formula:
[er06jn97.014.gif]
Where:
[er06jn97.015.gif]
And where:
CCL Rev Req = carrier common line settlement for the most recent 24-month
period;
CCL MOU b= carrier common line minutes of use for the most recent 24-month
period;
CCL MOU 1= carrier common line minutes of use for the most recent 12-month
period; and
CCL MOU 0= carrier common line minutes of use for the 12-month period
preceding the most recent 12-month period.
(5) For End User Common Line charges included in a tariff pursuant to this
Section, the local exchange carrier must provide supporting information for
the two-year historical period with its letter of transmittal in accordance
with Sec. 61.38.
(c) Maximum allowable rate of return. Local exchange carriers filing tariffs
under this section are not required to comply with Sec. Sec. 65.700 through 65.701,
inclusive, of the Commission's Rules, except with respect to periods during
which tariffs were not subject to this section. The Commission may require
any carrier to submit such information if it deems it necessary to monitor
the carrier's earnings. However, rates must be calculated based on the local
exchange carrier's prescribed rate of return applicable to the period during
which the rates are effective.
(d) Rates for a new service that is the same as that offered by a price cap
regulated local exchange carrier providing service in an adjacent serving
area are deemed presumptively lawful, if the proposed rates, in the
aggregate, are no greater than the rates established by the price cap local
exchange carrier. Tariff filings made pursuant to this paragraph must
include the following:
(1) A brief explanation of why the service is like an existing service
offered by a geographically adjacent price cap regulated local exchange
carrier; and
(2) Data to establish compliance with this subsection that, in aggregate,
the proposed rates for the new service are no greater than those in effect
for the same or comparable service offered by that same geographically
adjacent price cap regulated local exchange carrier. Compliance may be shown
through submission of applicable tariff pages of the adjacent carrier; a
showing that the serving areas are adjacent; any necessary explanations and
work sheets.
(e) Average schedule companies filing pursuant to this section shall retain
their status as average schedule companies.
(f) On each page of cost support material submitted pursuant to this
section, the carrier shall indicate the transmittal number under which that
page was submitted.
[ 52 FR 26682 , July 16, 1987, as amended at 53 FR 36289 , Sept. 19, 1988; 55 FR 42382 , Oct. 19, 1990; 58 FR 36147 , July 6, 1993; 62 FR 31004 , June 6,
1997; 64 FR 46588 , Aug. 26, 1999]
Goto Section: 61.38 | 61.40
Goto Year: 2007 |
2009
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