Goto Section: 61.38 | 61.40 | Table of Contents
FCC 61.39
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 61.39 Optional supporting information to be submitted with letters of
transmittal for Access Tariff filings by incumbent 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. Except as provided in paragraph (g) of this section, This section
provides for an optional method of filing for any local exchange carrier
that is described as a subset 3 carrier in § 69.602 of this chapter, 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 § 61.15. 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 incumbent 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 incumbent local exchange carrier that is a cost
schedule carrier must propose Traffic 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 incumbent local exchange carrier's
last annual filing, with related demand for the same period.
(2) For a tariff change, the incumbent local exchange carrier that is an
average schedule carrier must propose Traffic Sensitive rates based on the
following:
(i) For the first period, the incumbent 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 incumbent 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:
eCFR graphic er20jy11.005.gif
View or download PDF
Where:
eCFR graphic er20jy11.006.gif
View or download PDF
And where:
CCL Rev Req = carrier common line revenue requirement for the most recent
12-month period;
CCL MOUb = carrier common line minutes of use for the most recent 12-month
period;
CCL MOU1 = CCL MOUb; and
CCL MOU0 = 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:
eCFR graphic er20jy11.007.gif
View or download PDF
Where:
eCFR graphic er20jy11.008.gif
View or download PDF
And where:
CCL Rev Req = carrier common line revenue requirement for the most recent
24-month period;
CCL MOUb = carrier common line minutes of use for the most recent 24-month
period;
CCL MOU1 = carrier common line minutes of use for the 12-month period; and
CCL MOU0 = carrier common line minutes of use for the 12-month period
preceding the most recent 12-month period.
(4) For a tariff change, the incumbent 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 incumbent 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:
eCFR graphic er20jy11.009.gif
View or download PDF
Where:
eCFR graphic er20jy11.010.gif
View or download PDF
And where:
CCL Rev Req = carrier common line settlement for the most recent 12-month
period;
CCL MOUb = carrier common line minutes of use for the most recent 12-month
period;
CCL MOU1 = CCL MOUb; and
CCL MOU0 = 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:
eCFR graphic er20jy11.011.gif
View or download PDF
Where:
eCFR graphic er20jy11.012.gif
View or download PDF
And where:
CCL Rev Req = carrier common line settlement for the most recent 24-month
period;
CCL MOUb = carrier common line minutes of use for the most recent 24-month
period;
CCL MOU1 = carrier common line minutes of use for the most recent 12-month
period; and
CCL MOU0 = 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 incumbent 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. Incumbent Local exchange carriers
filing tariffs under this section are not required to comply with § § 65.700
through 65.701 of this chapter, 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 incumbent
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
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 local exchange carrier; and
(2) Data to establish compliance with this paragraph 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 issuing carrier shall indicate the transmittal number under
which that page was submitted.
(g) A local exchange carrier otherwise eligible to file a tariff pursuant to
this section may not do so if it is engaging in access stimulation, as that
term is defined in § 61.3(bbb) of this part, and has not terminated its
access revenue sharing agreement(s). A carrier so engaged must file
interstate access tariffs in accordance with § 61.38, and § 69.3(e)(12)(1) of
this chapter.
[ 76 FR 43212 , July 20, 2011, as amended at 76 FR 73882 , Nov. 29, 2011]
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Goto Section: 61.38 | 61.40
Goto Year: 2014 |
2016
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