§  43.21   Transactions with affiliates.

   (a) Communication common carriers having annual operating revenues in
   excess of the indexed revenue threshold, as defined in § 32.9000, and
   certain companies (as indicated in paragraph (b) of this section)
   directly or indirectly controlling such carriers shall file with the
   Commission annual reports or an annual letter as provided in this
   section. Except as provided in paragraph (b) of this section, each
   annual report required by this section shall be filed no later than
   April 1 of each year, covering the preceding calendar year. It shall be
   filed on the appropriate report form prescribed by the Commission (see
   § 1.785 of this chapter) and shall contain full and specific answers to
   all questions propounded and information requested in the currently
   effective report forms. The number of copies to be filed shall be
   specified in the applicable report form. At least one copy of this
   report shall be signed on the signature page by the responsible
   accounting officer. A copy of each annual report shall be as retained
   in the principal office of the respondent and shall be filed in such
   manner to be readily available for reference and inspection.

   (b) Each company, not itself a communication common carrier, that
   directly or indirectly controls any communication common carrier that
   has annual operating revenues equal to or above the indexed revenue
   threshold, as defined in § 32.9000, shall file annually with the
   Commission, not later than the date prescribed by the Securities and
   Exchange Commission for its purposes, two complete copies of any annual
   report Forms 10–K (or any superseding form) filed with that Commission.

   (c) Each miscellaneous common carrier (as defined by § 21.2 of this
   chapter) with operating revenues for a calendar year in excess of the
   indexed revenue threshold, as defined in § 32.9000, shall file with the
   Common Carrier Bureau Chief a letter showing its operating revenues for
   that year and the value of its total communications plant at the end of
   that year. This letter must be filed no later than April 1 of the
   following year. Those miscellaneous common carriers with annual
   operating revenues that equal or surpass the indexed revenue threshold
   for the first time may file the letter up to one month after
   publication of the adjusted revenue threshold in theFederal Register,
   but in no event shall such carriers be required to file the letter
   prior to April 1.

   (d) Each communications common carrier required by order to file a
   manual allocating its costs between regulated and nonregulated
   operations shall file, on or before April 1:

   (1) A three-year forecast of regulated and nonregulated use of network
   plant for the current calendar year and the two calendar years
   following, and investment pool projections and allocations for the
   current calendar year; and

   (2) A report of the actual use of network plant investment for the
   prior calendar year.

   (e) Each incumbent local exchange carrier, except mid-sized incumbent
   local exchange carriers, as defined by § 32.9000 with annual operating
   revenues equal to or above the indexed revenue threshold shall file, no
   later than April 1 of each year:

   (1) Its revenues, expenses and investment for all accounts established
   in part 32 of this chapter, on an operating company basis,

   (2) The same part 32 of this chapter, on a study area basis, with data
   for regulated and nonregulated operations for those accounts which are
   related to the carrier's revenue requirement, and

   (3) The separations categories on a study area basis, with each
   category further divided into access elements and a nonaccess
   interstate category.

   (f) Each incumbent local exchange carrier with operating revenues for
   the preceding year that equal or exceed the indexed revenue threshold
   shall file, no later than April 1 of each year, a report showing for
   the previous calendar year its revenues, expenses, taxes, plant in
   service, other investment and depreciation reserves, and other such
   data as are required by the Commission, on computer media prescribed by
   the Commission. The total operating results shall be allocated between
   regulated and nonregulated operations, and the regulated data shall be
   further divided into the following categories: State and interstate,
   and the interstate will be further divided into common line, traffic
   sensitive access, special access, and nonaccess.

   (g) Each incumbent local exchange carrier for whom price cap regulation
   is mandatory and every incumbent local exchange carrier that elects to
   be covered by the price cap rules shall file, by April 1 of each year,
   a report designed to capture trends in service quality under price cap
   regulation. The report shall contain data relative to network measures
   of service quality, as defined by the Wireline Competition Bureau, from
   the previous calendar year on a study area basis.

   (h) Each incumbent local exchange carrier for whom price cap regulation
   is mandatory shall file, by April 1 of each year, a report designed to
   capture trends in service quality under price cap regulation. The
   report shall contain data relative to customer measures of service
   quality, as defined by the Wireline Competition Bureau, from the
   previous calendar year a study area basis.

   (i) Each incumbent local exchange carrier for whom price regulation is
   mandatory shall file, by April 1 of each year, a report containing data
   from the previous calendar year on a study area basis that are designed
   to capture trends in telephone industry infrastructure development
   under price cap regulation.

   (j) Each incumbent local exchange carrier with annual operating
   revenues that equal or exceed the indexed revenue threshold shall file,
   no later than April 1 of each year, a report containing data from the
   previous calendar year on an operating company basis. Such report shall
   combine statistical data designed to monitor network growth, usage, and
   reliability.

   (k) Each designated interstate carrier with operating revenues for the
   preceding year that equal or exceed the indexed revenue threshold shall
   file, no later than April 1 of each year, a report showing for the
   previous calendar year its revenues, expenses, taxes, plant in service,
   other investments and depreciation reserves, and such other data as are
   required by the Commission, on computer media prescribed by the
   Commission. The total operating results shall be allocated between
   regulated and nonregulated operations, and the regulated data shall be
   further divided into the following categories: State and interstate,
   and the interstate will be further divided into common line, traffic
   sensitive access, special access, and nonaccess.

   [ 28 FR 13214 , Dec. 5, 1963, as amended at  49 FR 10122 , Mar. 19, 1984;
    50 FR 41153 , Oct. 9, 1985;  51 FR 37024 , Oct. 17, 1986;  52 FR 35918 ,
   Sept. 24, 1987;  58 FR 36143 , July 6, 1993;  61 FR 50245 , Sept. 25, 1996;
    62 FR 39778 , July 24, 1997;  67 FR 5700 , Feb. 6, 2002;  67 FR 13225 , Mar.
   21, 2002]