Goto Section: 61.40 | 61.42 | Table of Contents
FCC 61.41
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 61.41 Price cap requirements generally.
(a) Sections 61.42 through 61.49 shall apply as follows:
(1) [Reserved]
(2) To such local exchange carriers as specified by Commission order, and to
all local exchange carriers, other than average schedule companies, that are
affiliated with such carriers; and
(3) On an elective basis, to local exchange carriers, other than those
specified in paragraph (a)(2) of this section, that are neither participants
in any Association tariff, nor affiliated with any such participants, except
that affiliation with average schedule companies shall not bar a carrier
from electing price cap regulation provided the carrier is otherwise
eligible.
(b) If a telephone company, or any one of a group of affiliated telephone
companies, files a price cap tariff in one study area, that telephone
company and its affiliates, except its average schedule affiliates, must
file price cap tariffs in all their study areas.
(c) Except as provided in paragraph (e) of this section, the following rules
in this paragraph (c) apply to telephone companies subject to price cap
regulation, as that term is defined in Sec. 61.3(ee), which are involved in
mergers, acquisitions, or similar transactions.
(1) Any telephone company subject to price cap regulation that is a party to
a merger, acquisition, or similar transaction shall continue to be subject
to price cap regulation notwithstanding such transaction.
(2) Where a telephone company subject to price cap regulation acquires, is
acquired by, merges with, or otherwise becomes affiliated with a telephone
company that is not subject to price cap regulation, the latter telephone
company shall become subject to price cap regulation no later than one year
following the effective date of such merger, acquisition, or similar
transaction and shall accordingly file price cap tariffs to be effective no
later than that date in accordance with the applicable provisions of this
part 61.
(3) Notwithstanding the provisions of Sec. 61.41(c)(2), when a telephone company
subject to price cap regulation acquires, is acquired by, merges with, or
otherwise becomes affiliated with a telephone company that qualifies as an
“average schedule” company, the latter company may retain its “average
schedule” status or become subject to price cap regulation in accordance
with Sec. 69.3(i)(3) of this chapter and the requirements referenced in that
section.
(d) Except as provided in paragraph (e) of this section, local exchange
carriers that become subject to price cap regulation as that term is defined
in Sec. 61.3(ee) shall not be eligible to withdraw from such regulation.
(e) Notwithstanding the requirements of paragraphs (c) and (d) of this
section, a telephone company subject to rate-of-return regulation may return
lines acquired from a telephone company subject to price cap regulation to
rate-of-return regulation, provided that the acquired lines will not be
subject to average schedule settlements, and provided further that the
telephone company subject to rate-of-return regulation may not for five
years elect price cap regulation for itself, or by any means cause the
acquired lines to become subject to price cap regulation.
[ 55 FR 42382 , Oct. 19, 1990; 55 FR 50558 , Dec. 7, 1990, as amended at 56 FR 55239 , Oct. 25, 1991; 64 FR 46589 , Aug. 26, 1999; 65 FR 38695 , June 21,
2000; 65 FR 57741 , Sept. 26, 2000; 69 FR 25336 , May 6, 2004]
Effective Date Note: At 69 FR 25336 , May 6, 2004, Sec. 61.41 was amended by
revising paragraphs (c) introductory text and (d) and adding a new paragraph
(e). These paragraphs contain information collection and recordkeeping
requirements and will not become effective until approval has been given by
the Office of Management and Budget.
Goto Section: 61.40 | 61.42
Goto Year: 2007 |
2009
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