§  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 § 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
   § 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 § 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 § 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 § 61.38.

   (c) Maximum allowable rate of return. Local exchange carriers filing
   tariffs under this section are not required to comply with § § 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]