Goto Section: 61.2 | 61.13 | Table of Contents
FCC 61.3
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 61.3 Definitions.
(a) Act. The Communications Act of 1934 (48 Stat. 1004; 47 U.S.C. chapter
5), as amended.
(b) Actual Price Index (API). An index of the level of aggregate rate
element rates in a basket, which index is calculated pursunt to § 61.46.
(c) Association. This term has the meaning given it in § 69.2(d).
(d) Average Price Cap CMT Revenue per Line month. (1) Price Cap CMT Revenue
(as defined in § 61.3(cc)) per month as of July 1, 2000 (adjusted to remove
Universal Service Contributions assessed to local exchange carriers pursuant
to § 54.702 of this chapter) using 2000 annual filing base period demand,
divided by the 2000 annual filing base period demand. In filing entities
with multiple study areas, if it becomes necessary to calculate the Average
Price Cap CMT Revenue per Line month for a specific study area, then the
Average Price Cap CMT Revenue per Line month for that study area is
determined as follows, using base period demand revenues (adjusted to remove
Universal Service Contributions assessed to Local Exchange Carriers pursuant
to § 54.702 of this chapter), Base Factor Portion (BFP) and 2000 annual
filing base period lines:
Average Price Cap CMT Revenue per Line Month in a study area = Price Cap CMT
Revenue × (BFP in the study area ÷ (BFP in the Filing Entity) ÷ (Lines in
the study area.
(2) Nothing in this definition precludes a price cap local exchange carrier
from continuing to average rates across filing entities containing multiple
study areas, where permitted under existing rules.
(3) Average Price Cap CMT Revenues per Line month may be adjusted after July
1, 2000 to reflect exogenous costs pursuant to § 61.45(d).
(4) Average Price Cap CMT Revenues per Line month may also be adjusted
pursuant to § 61.45 (b)(1)(iii).
(e) Average Traffic Sensitive Charge. (1) The Average Traffic Sensitive
Charge (ATS charge) is the sum of the following two components:
(i) The Local Switching (LS) component. The LS component will be calculated
by dividing the proposed LS revenues (End Office Switch, LS trunk ports,
Information Surcharge, and signalling transfer point (STP) port) by the base
period LS minutes of use (MOUs); and
(ii) The Transport component. The Transport component will be calculated by
dividing the proposed Transport revenues (Switched Direct Trunk Transport,
Signalling for Switched Direct Trunk Transport, Entrance Facilities for
Switched Access traffic, Tandem Switched Transport, Signalling for Tandem
Switching and residual per minute Transport Interconnection Charge (TIC)
pursuant to § 69.155 of this chapter) by price cap local exchange carrier
only base period MOUs (including meet-point billing arrangements for
jointly-provided interstate access by a price cap local exchange carrier and
any other local exchange carrier).
(2) For the purposes of determining whether the ATS charge has reached the
Target Rate as set forth in § 61.3(qq), the calculations should include all
the relevant revenues and minutes for services provided under generally
available price cap tariffs.
(f) Band. A zone of pricing flexibility for a service category, which zone
is calculated pursuant to § 61.47.
(g) Base period. For carriers subject to § § 61.41 through 61.49, the 12-month
period ending six months prior to the effective date of annual price cap
tariffs. Base year or base period earnings shall exclude amounts associated
with exogenous adjustments to the PCI for the lower formula adjustment
mechanism permitted by § 61.45(d)(1)(vii).
(h) Basket. Any class or category of tariffed service or charge:
(1) Which is established by the Commission pursuant to price cap regulation;
(2) The rates of which are reflected in an Actual Price Index; and
(3) The related revenues of which are reflected in a Price Cap Index.
(i) Change in rate structure. A restructuring or other alteration of the
rate components for an existing service.
(j) Charges. The price for service based on tariffed rates.
(k) Commercial contractor. The commercial firm to whom the Commission
annually awards a contract to make copies of Commission records for sale to
the public.
(l) Commission. The Federal Communications Commission.
(m) Concurring carrier. A carrier (other than a connecting carrier) subject
to the Act which concurs in and assents to schedules of rates and
regulations filed on its behalf by an issuing carrier or carriers.
(n) Connecting carrier. A carrier engaged in interstate or foreign
communication solely through physical connection with the facilities of
another carrier not directly or indirectly controlling or controlled by, or
under direct or indirect common control with, such carrier.
(o) Contract-based tariff. A tariff based on a service contract entered into
between a non-dominant carrier and a customer, or between a customer and a
price cap local exchange carrier which has obtained permission to offer
contract-based tariff services pursuant to part 69, subpart H, of this
chapter.
(p) Corrections. The remedy of errors in typing, spelling, or punctuation.
(q) Dominant carrier. A carrier found by the Commission to have market power
(i.e., power to control prices).
(r) GDP Price Index (GDP-PI). The estimate of the Chain-Type Price Index for
Gross Domestic Product published by the United States Department of
Commerce, which the Commission designates by Order.
(s) GNP Price Index (GNP-PI). The estimate of the “Fixed-Weighted Price
Index for Gross National Product, 1982 Weights” published by the United
States Department of Commerce, which the Commission designates by Order.
(t) Incumbent Local Exchange Carrier. “Incumbent Local Exchange Carrier” or
“ILEC” has the same meaning as that term is defined in 47 U.S.C. 251(h).
(u) Issuing carrier. A carrier subject to the Act that publishes and files a
tariff or tariffs with the Commission.
(v) Line month. Line demand per month multiplied by twelve.
(w) Local exchange carrier. Any person that is engaged in the provision of
telephone exchange service or exchange access as defined in section 3(26) of
the Act.
(x) Mid-size company. All price cap local exchange carriers other than the
Regional Bell Operating Companies and GTE.
(y) New service offering. A tariff filing that provides for a class or
sub-class of service not previously offered by the carrier involved and that
enlarges the range of service options available to ratepayers.
(z) Non-dominant carrier. A carrier not found to be dominant. The
nondominant status of providers of international interexchange services for
purposes of this subpart is not affected by a carrier's classification as
dominant under § 63.10 of this chapter.
(aa) Other participating carrier. A carrier subject to the Act that
publishes a tariff containing rates and regulations applicable to the
portion or through service it furnishes in conjunction with another subject
carrier.
(bb) Price Cap Local Exchange Carrier. A local exchange carrier subject to
regulation pursuant to § 61.41 through 61.49.
(cc) Pooled Local Switching Revenue. For certain qualified companies as set
forth in § 61.48 (m), is the amount of additional local switching reductions
in the July 2000 Annual filing allowed to be moved and recovered in the CMT
basket.
(dd) Price Cap CMT Revenue. The maximum total revenue a filing entity would
be permitted to receive from End User Common Line charges under § 69.152 of
this chapter, Presubscribed Interexchange Carrier charges (PICCs) under
§ 69.153 of this chapter, Carrier Common Line charges under § 69.154 of this
chapter, and Marketing under § 69.156 of this chapter, using Base Period
lines. Price Cap CMT Revenue does not include the price cap local exchange
carrier universal service contributions as of July 1, 2000. The Price Cap
CMT revenue does not include the pooled local switching revenue outlined in
paragraph (bb) of this section.
(ee) Price Cap Index (PCI). An index of prices applying to each basket of
services of each carrier subject to price cap regulation, and calculated
pursuant to § 61.45.
(ff) Price cap regulation. A method of regulation of dominant carriers
provided in § § 61.41 through 61.49.
(gg) Price cap tariff filing. Any tariff filing involving a service subject
to price cap regulation, or that requires calculations pursuant to § § 61.45,
61.46, or 61.47.
(hh) [Reserved]
(ii) Rate. The tariffed price per unit of service.
(jj) Rate increase. Any change in a tariff which results in an increased
rate or charge to any of the filing carrier's customers.
(kk) Rate level change. A tariff change that only affects the actual rate
associated with a rate element, and does not affect any tariff regulations
or any other wording of tariff language.
(ll) Regulations. The body of carrier prescribed rules in a tariff governing
the offering of service in that tariff, including rules, practices,
classifications, and definitions.
(mm) Restructured service. An offering which represents the modification of
a method of charging or provisioning a service; or the introduction of a new
method of charging or provisioning that does not result in a net increase in
options available to customers.
(nn) Rural Company. A company that, as of December 31, 1999, was certified
to the Commission as a rural telephone company.
(oo) Service Band Index (SBI). An index of the level of aggregate rate
element rates in a service category, which index is calculated pursuant to
§ 61.47.
(pp) Service category. Any group of rate elements subject to price cap
regulation, which group is subject to a band.
(qq) Supplement. A publication filed as part of a tariff for the purpose of
suspending or canceling that tariff, or tariff publication and numbered
independently from the tariff page series.
(rr) Target Rate. The applicable Target Rate shall be defined as follows:
(1) For regional Bell Operating Companies and GTE, $0.0055 per ATS minute of
use;
(2) For a holding company with a holding company average of less than 19
Switched Access End User Common Line charge lines per square mile served
such company may elect to use a Target Rate of $0.0095 with respect to all
exchanges owned by that holding company on July 1, 2000, or which that
holding company is, as of April 1, 2000, under a binding and executed
contract to purchase;
(3) For other price cap local exchange carriers, $0.0065 per ATS minute of
use.
(ss) Tariff. Schedules of rates and regulations filed by common carriers.
(tt) Tariff publication, or publication. A tariff, supplement, revised page,
additional page, concurrence, notice of revocation, adoption notice, or any
other schedule of rates or regulations filed by common carriers.
(uu) Tariff year. The period from the day in a calendar year on which a
carrier's annual access tariff filing is scheduled to become effective
through the preceding day of the subsequent calendar year.
(vv) Text change. A change in the text of a tariff which does not result in
a change in any rate or regulation.
(ww) United States. The several States and Territories, the District of
Columbia, and the possessions of the United States.
(xx) Corridor service. “Corridor service” refers to interLATA services
offered in the “limited corridors” established by the District Court in
United States v. Western Electric Co., Inc., 569 F. Supp. 1057, 1107 (D.D.C.
1983).
(yy) Toll dialing parity. “Toll dialing parity” exists when there is dialing
parity, as defined in § 51.5 of this chapter, for toll services.
(zz) Loop-based services. Loop-based services are services that employ
Subcategory 1.3 facilities, as defined in § 36.154 of this chapter.
(aaa) Zone Average Revenue per Line. The amount calculated as follows:
Zone Average Revenue per Line = (25% * (Loop + Port)) + U (Uniform revenue
per line adjustment)
Where:
Loop = the price for unbundled loops in a UNE zone.
Port = the price for switch ports in that UNE zone.
U = [(Average Price Cap CMT Revenue per Line month in a study area * price
cap local exchange carrier Base Period Lines) − (25% * Σ (price cap local
exchange carrier Base Period Lines in a UNE Zone * ((Loop + Port ) for all
zones)))] ÷ price cap local exchange carrier Base Period Lines in a study
area.
(bbb) Access stimulation. (1) A rate-of-return local exchange carrier or a
Competitive Local Exchange Carrier engages in access stimulation when it
satisfies the following two conditions:
(i) Has an access revenue sharing agreement, whether express, implied,
written or oral, that, over the course of the agreement, would directly or
indirectly result in a net payment to the other party (including affiliates)
to the agreement, in which payment by the rate-of-return local exchange
carrier or Competitive Local Exchange Carrier is based on the billing or
collection of access charges from interexchange carriers or wireless
carriers. When determining whether there is a net payment under this rule,
all payments, discounts, credits, services, features, functions, and other
items of value, regardless of form, provided by the rate-of-return local
exchange carrier or Competitive Local Exchange Carrier to the other party to
the agreement shall be taken into account; and
(ii) Has either an interstate terminating-to-originating traffic ratio of at
least 3:1 in a calendar month, or has had more than a 100 percent growth in
interstate originating and/or terminating switched access minutes of use in
a month compared to the same month in the preceding year.
(2) The local exchange carrier will continue to be engaging in access
stimulation until it terminates all revenue sharing arrangements covered in
paragraph (a)(1)(i) of this section. A local exchange carrier engaging in
access stimulation is subject to revised interstate switched access charge
rules under § 61.38 and § 69.3(e)(12) of this chapter.
[ 54 FR 19840 , May 8, 1989]
Editorial Note: For Federal Register citations affecting § 61.3, see the List
of CFR Sections Affected, which appears in the Finding Aids section of the
printed volume and at www.fdsys.gov.
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Goto Section: 61.2 | 61.13
Goto Year: 2014 |
2016
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