Goto Section: 51.907 | 51.911 | Table of Contents
FCC 51.909
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 51.909 Transition of rate-of-return carrier access charges.
(a) Notwithstanding any other provision of the Commission's rules, on
December 29, 2011, a Rate-of-Return Carrier shall:
(1) Cap the rates for all rate elements for services contained in the
definitions of End Office Access Service, Tandem Switched Transport
Access Service, and Dedicated Transport Access Service, as well as all
other interstate switched access rate elements, in its interstate
switched access tariffs at the rate that was in effect on the December
29, 2011; and
(2) Cap, in accordance with § 51.505(b)(2), the rates for rate all
elements in its intrastate switched access tariffs associated with the
provision of terminating End Office Access Service and terminating
Tandem-Switched Transport Access Service at the rates that were in
effect on the December 29, 2011,
(i) Using the terminating rates if specifically identified; or
(ii) Using the rate for the applicable rate element if the tariff does
not distinguish between originating and terminating.
(3) Except as provided in paragraph (b)(4) of this section, nothing in
this section obligates or allows a Rate-of-Return Carrier that has
intrastate rates lower than its functionally equivalent interstate
rates to make any intrastate tariff filing or intrastate tariff
revisions raising such rates.
(b) Step 1. Beginning July 1, 2012, notwithstanding any other provision
of the Commission's rules:
(1) Each Rate-of-Return Carrier shall file intrastate access tariff
provisions, in accordance with § 51.505(b)(2), that set forth the rates
applicable to Transitional Intrastate Access Service in each state in
which it provides Transitional Intrastate Access Service.
(2) Each Rate-of-Return Carrier shall establish the rates for
Transitional Intrastate Access Service using the following methodology:
(i) Calculate total revenue from Transitional Intrastate Access Service
at the carrier's interstate access rates in effect on December 29,
2011, using Fiscal Year 2011 intrastate switched access demand for each
rate element.
(ii) Calculate total revenue from Transitional Intrastate Access
Service at the carrier's intrastate access rates in effect on December
29, 2011, using Fiscal Year 2011 intrastate switched access demand for
each rate element.
(iii) Calculate the Step 1 Access Revenue Reduction. The Step 1 Access
Revenue Reduction is equal to one-half of the difference between the
amount calculated in (b)(2)(i) of this section and the amount
calculated in (b)(2)(ii) of this section.
(iv) A Rate-of-Return Carrier may elect to establish rates for
Transitional Intrastate Access Service using its intrastate access rate
structure. Carriers using this option shall establish rates for
Transitional Intrastate Access Service such that Transitional
Intrastate Access Service revenue at the proposed rates is no greater
than Transitional Intrastate Access Service revenue at the intrastate
rates in effect as of December 29, 2011 less the Step 1 Access Revenue
Reduction, using Fiscal Year 2011 intrastate switched access demand.
Carriers electing to establish rates for Transitional Intrastate Access
Service in this manner shall notify the appropriate state regulatory
authority of their election in the filing required by § 51.907(b)(1).
(v) A Rate-of-Return Carrier may elect to apply its interstate access
rate structure and interstate rates to Transitional Intrastate Access
Service. In addition to applicable interstate access rates, the carrier
may, between July 1, 2012 and July 1, 2013, assess a transitional
per-minute charge on Transitional Intrastate Access Service end office
switching minutes (previously billed as intrastate access). The
transitional per-minute charge shall be no greater than the Step 1
Access Revenue Reduction divided by Fiscal Year 2011 Transitional
Intrastate Access Service end office switching minutes. Carriers
electing to establish rates for Transitional Intrastate Access Service
in this manner shall notify the appropriate state regulatory authority
of their election in the filing required by § 51.907(b)(1).
(3) Except as provided in paragraph (b)(4) of this section, nothing in
this section obligates or allows a Rate-of-Return carrier that has
intrastate rates lower than its functionally equivalent interstate
rates to make any intrastate tariff filing or intrastate tariff
revisions raising such rates.
(4) If a Rate-of-Return Carrier must make an intrastate switched access
rate reduction pursuant to paragraph (b)(2) of this section, and that
Rate-of-Return Carrier has an intrastate rate for a rate element that
is below the comparable interstate rate for that element, the
Rate-of-Return Carrier shall:
(i) Increase the rate for any intrastate rate element that is below the
comparable interstate rate for that element to the interstate rate no
later than July 1, 2013;
(ii) Include any increases made pursuant to paragraph (b)(4)(i) of this
section in the calculation of its eligible recovery for 2012.
(c) Step 2. Beginning July 1, 2013, notwithstanding any other provision
of the Commission's rules:
(1) Transitional Intrastate Access Service rates shall be no higher
than the Rate-of-Return Carrier's interstate Terminating End Office
Access Service and Terminating Tandem-Switched Transport Access Service
rates and subject to the same rate structure and all subsequent rate
and rate structure modifications. Except as provided in paragraph
(c)(2) of this section, nothing in this section obligates or allows a
Rate-of-Return Carrier that has intrastate rates lower than its
functionally equivalent interstate rates to make any intrastate tariff
filing or intrastate tariff revisions to increase such rates.
(2) If a Rate-of-Return Carrier made an intrastate switched access rate
reduction in 2012 pursuant to paragraph (b)(2) of this section, and
that Rate-of-Return Carrier has an intrastate rate for a rate element
that is below the comparable interstate rate for that element, the
Rate-of-Return Carrier shall:
(i) Increase any intrastate rate element that is below the comparable
interstate rate to the interstate rate by July 1, 2013; and
(ii) Include any increases made pursuant to paragraph (c)(2)(i) of this
section in the calculation of its eligible recovery for 2013.
(d) Step 3. Beginning July 1, 2014, notwithstanding any other provision
of the Commission's rules:
(1) Notwithstanding the rate structure rules set forth in § 69.106 of
this chapter or anything else in the Commission's rules, a
Rate-of-Return Carrier shall establish separate originating and
terminating interstate and intrastate rate elements for all components
within interstate End Office Access Service. For fixed charges, the
Rate-of-Return Carrier shall divide the amount based on relative
originating and terminating end office switching minutes. If sufficient
originating and terminating end office switching minute data is not
available, the carrier shall divide such charges equally between
originating and terminating elements.
(2) Nothing in this Step shall affect Tandem-Switched Transport Access
Service or Dedicated Transport Access Service.
(3) Each Rate-of-Return Carrier shall establish rates for interstate
and intrastate terminating End Office Access Service using the
following methodology:
(i) Each Rate-of-Return Carrier shall calculate the 2011 Baseline
Composite Terminating End Office Access Rate. The 2011 Baseline
Composite Terminating End Office Access Rate means the Composite
Terminating End Office Access Rate calculated using Fiscal Year 2011
interstate demand and the interstate End Office Access Service rates at
the levels in effect on December 29, 2011.
(ii) Each Rate-of-Return Carrier shall calculate its 2014 interstate
Target Composite Terminating End Office Access Rate. The 2014
interstate Target Composite Terminating End Office Access Rate means
$0.005 per minute plus two-thirds of any difference between the 2011
Baseline Composite Terminating End Office Access Rate. and $0.005 per
minute.
(iii) Beginning July 1, 2014, no Rate-of-Return Carrier's interstate or
intrastate Composite Terminating End Office Access Rate shall exceed
its 2014 interstate Target Composite Terminating End Office Access
Rate. In the alternative, any Rate-of-Return Carrier may elect to
implement a single per minute rate element for terminating End Office
Access Service no greater than the 2014 interstate Target Composite
Terminating End Office Access Rate.
(4) Nothing in this section obligates or allows a Rate-of-Return
Carrier that has intrastate rates lower than its functionally
equivalent interstate rates to make any intrastate tariff filing or
intrastate tariff revisions raising such rates.
(e) Step 4. Beginning July 1, 2015, notwithstanding any other provision
of the Commission's rules:
(1) Each Rate-of-Return Carrier shall establish rates for interstate
and intrastate terminating End Office Access Service using the
following methodology:
(i) Each Rate-of-Return Carrier shall calculate its 2015 interstate
Target Composite Terminating End Office Access Rate. The 2015
interstate Target Composite Terminating End Office Access Rate means
$0.005 per minute plus one-third of any difference between the 2011
Baseline Composite Terminating End Office Access Rate and $0.005 per
minute.
(ii) Beginning July 1, 2015, no Rate-of-Return Carrier's interstate or
intrastate Composite Terminating End Office Access Rate shall exceed
its 2015 Target Composite Terminating End Office Access Rate. In the
alternative, any Rate-of-Return Carrier may elect to implement a single
per minute rate element for terminating End Office Access Service no
greater than the 2015 interstate Target Composite Terminating End
Office Access Rate.
(2) [Reserved]
(f) Step 5. Beginning July 1, 2016, notwithstanding any other provision
of the Commission's rules, each Rate-of-Return Carrier shall establish
interstate and intrastate per minute terminating End Office Access
Service rates such that its Composite Terminating End Office Access
Service rate does not exceed $0.005 per minute. Nothing in this section
obligates or allows a Rate-of-Return Carrier that has intrastate rates
lower than its functionally equivalent interstate rates to make any
intrastate tariff filing or intrastate tariff revisions raising such
rates.
(g) Step 6. Beginning July 1, 2017, notwithstanding any other provision
of the Commission's rules:
(1) Each Rate-of-Return Carrier shall establish rates for terminating
End Office Access Service using the following methodology:
(i) Each Rate-of-Return Carrier shall calculate its 2017 interstate
Target Composite Terminating End Office Access Rate. The 2017
interstate Target Composite Terminating End Office Access Rate means
$0.0007 per minute plus two-thirds of any difference between that
carrier's Terminating End Office Access Service Rate as of July 1, 2016
and $0.0007 per minute.
(ii) Beginning July 1, 2017, no Rate-of-Return Carrier's interstate or
intrastate Composite Terminating End Office Access Rate shall exceed
its 2017 interstate Target Composite Terminating End Office Access
Rate. In the alternative, any Rate-of-Return Carrier may elect to
implement a single per minute rate element for terminating End Office
Access Service no greater than the 2017 interstate Target Composite
Terminating End Office Access Rate.
(2) [Reserved]
(h) Step 7. Beginning July 1, 2018, notwithstanding any other provision
of the Commission's rules:
(1) Each Rate-of-Return Carrier shall establish rates for terminating
End Office Access Service using the following methodology:
(i) Each Rate-of-Return Carrier shall calculate its 2018 interstate
Target Composite Terminating End Office Access Rate. The 2018
interstate Target Composite Terminating End Office Access Rate means
$0.0007 per minute plus one-third of any difference between that
carrier's Terminating End Office Access Service Rate as of July 1, 2016
and $0.0007 per minute.
(ii) Beginning July 1, 2018, no Rate-of-Return Carrier's interstate or
intrastate Composite Terminating End Office Access Rate shall exceed
its 2018 interstate Target Composite Terminating End Office Access
Rate. In the alternative, any Rate-of-Return Carrier may elect to
implement a single per minute rate element for terminating End Office
Access Service no greater than the 2018 interstate Target Composite
Terminating End Office Access Rate.
(2) [Reserved]
(i) Step 8. Beginning July 1, 2019, notwithstanding any other provision
of the Commission's rules, each Rate-of-Return Carrier shall establish
interstate and intrastate rates for terminating End Office Access
Service that do not exceed $0.0007 per minute.
(j) Step 9. Beginning July 1, 2020, notwithstanding any other provision
of the Commission's rules, each Rate-of-Return Carrier shall, in
accordance with a bill-and-keep methodology, revise and refile its
federal access tariffs and any state tariffs to remove any intercarrier
charges for terminating End Office Access Service.
(k) As set forth in FCC 11-161, states will facilitate implementation
of changes to intrastate access rates to ensure compliance with the
Order. Nothing in this section shall alter the authority of a state to
monitor and oversee filing of intrastate tariffs.
[ 76 FR 73856 , Nov. 29, 2011, as amended at 77 FR 48452 , Aug. 14, 2012]
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Goto Section: 51.907 | 51.911
Goto Year: 2011 |
2013
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