FCC Web Documents citing 36.605
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- Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Fourteenth Report and Order and Twenty-Second Order on Reconsideration, Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket No. 00-256, Report and Order, 16 FCC Rcd. 11244, 11276-99 paras. 77-135 (2001) (Rural Task Force Order). 47 C.F.R. 36.605; 47 C.F.R. 54.305(b)-(f). NECA 2002 Filing at IV-1 to IV-4. (...continued from previous page) (continued....) Federal Communications Commission DA 01-2969 Federal Communications Commission DA 01-2969 V W X w X X F 0 0 0 0 0 0 0 G
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- (RTF Order). In years when the cap is not triggered, rural carriers would receive support in an amount that would cover the added expense associated with the new investment, and thus it is unnecessary to provide safety net additive in those years. RTF Order, 16 FCC Rcd at 11276 n. 196. See 47 C.F.R. 32.2001. See 47 C.F.R. 36.605(b) (``Safety net additive support = (Uncapped support in the qualifying year - Uncapped support in the base year) - (Capped support in the qualifying year - Amount of support received in the base year).''). See RTF Order, 16 FCC Rcd at 11281-92 paras. 91-119. Prior to the adoption of safety valve support, carriers acquiring lines from another carrier could only
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- & 00-256, Request for Review of an Administrator Decision (filed May 2, 2005); Logan Telephone Cooperative, Inc., CC Docket Nos. 96-45 & 00-256, Request for Review of an Administrator Decision (filed May 2, 2005); Roanoke & Botetourt Telephone Company, CC Docket Nos. 96-45 & 00-256, Request for Review of an Administrator Decision (filed May 2, 2005). See 47 C.F.R. 36.605. 47 C.F.R. 1.1200 et seq. See 47 C.F.R. 1.1206(b)(2). 47 C.F.R. 1.1206(b). PUBLIC NOTICE Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov $ PNG > !R>^SS߿"Kker4 JdMOO ,I TV5 0z̪ %o a%
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- The Commission amended section 54.305, a rule governing the safety valve mechanism, so that calculation of the support that a rural carrier receives includes recognition of investments in newly acquired exchanges. This change was intended to effectuate the Commission's intent when it adopted the safety valve mechanism of encouraging substantial investments in rural exchanges. The Commission also clarified that section 36.605 of the Commissions rules enables carriers to qualify for safety net additive support in more than one year and for every year for which they qualify. In August 2005, WCB clarified certain aspects of the Commission's rules in light of the decision of the United States Court of Appeals for the Fifth Circuit affirming in part, remanding in part, and
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- Further Notice of Proposed Rulemaking in CC Docket No. 96-45, and Report and Order in CC Docket No. 00-256 (FCC 01-157) (the Order). These errata amend the Order, as follows: Appendix A, first sentence, replace ``Part 36 of Title 47'' with ``Part 36 and Part 54 of Title 47''; Appendix A, first sentence, replace ``is'' with ``are''; Appendix A, Section 36.605(c)(3), replace ``meets the above stated criterion,'' with ``meets the stated criterion in paragraphs (a), (b), (c) of this section,;'' Appendix A, Section 36.605(c)(3), replace ``(A)'' with ``(i)''; Appendix A, Section 36.605(c)(3), replace ``(B)'' with ``(ii)''; Appendix A, Section 36.605(c)(3)(B), replace ``(i)'' with ``(A)''; Appendix A, Section 36.605(c)(3)(B), replace ``(ii)'' with ``(B)''; Appendix A, Section 36.605(c)(3)(ii)(B), replace ``subsection (a)'' with ``paragraph
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- are amended as follows: PART 36 - JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR SEPARTING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES Subpart F - Universal Service Fund 1. Section 36.601 is amended as follows. 36.601 General (a)-(b) * * * [unchanged] (c) Until June 30, 2001, * * * 2. Sections 36.602, 36.603, 36.604, and 36.605 are added to subpart F to read as follows: 36.602 Calculation of non-rural carrier portion of nationwide loop cost expense adjustment. Effective July 1, 2001, for purposes of determining non-rural carrier interim hold-harmless support, pursuant to 54.311 of this chapter, the annual amount of the total nationwide loop cost expense adjustment calculated pursuant to this subpart F shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A1.txt
- of the national total of working exchange loops. 20 See Rural Task Force Order; Federal-State Joint Board on Universal Service, Multi- Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket Nos. 96-45, 00-256, Order on Reconsideration, 17 FCC Rcd 11472 (2002) (Rebasing Order). 21 See 47 C.F.R. 36.605. 22 See 47 C.F.R. 54.305(d)-(f). 3 - 5 high-cost support mechanism for non-rural carriers on October 21, 1999, based on recommendations from the Joint Board.23 This HCMS mechanism is based on the forward- looking costs of providing supported services24 as determined by the Commission's cost model.25 For each state, the cost model calculates the wire center forward-looking cost per
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- of the national total of working exchange loops. 20 See Rural Task Force Order; Federal-State Joint Board on Universal Service, Multi- Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket Nos. 96-45, 00-256, Order on Reconsideration, 17 FCC Rcd 11472 (2002) (Rebasing Order). 21 See 47 C.F.R. 36.605. 22 See 47 C.F.R. 54.305(d)-(f). 3 - 5 high-cost support mechanism for non-rural carriers on October 21, 1999, based on recommendations from the Joint Board.23 This HCMS mechanism is based on the forward- looking costs of providing supported services24 as determined by the Commission's cost model.25 For each state, the cost model calculates the wire center forward-looking cost per
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- only for the provision, maintenance and upgrading of facilities and services for which support is intended (47 C.F.R. 54.904(a)). E. Part 36: Subpart F -Universal Service Fund - The Beneficiary (SAC No. XXX): Calculation of safety net additive - is a rural ILEC that has provided written notice to USAC that they met the requirements of 47 C.F.R. 36.605 for [insert date] and thus is eligible for safety net additive support (47 C.F.R. 36.605). Submission of information to the National Exchange Carrier Association (``NECA'') - is an ILEC that has submitted data by July 31 [insert year] to NECA pursuant to the guidelines set forth in 47 C.F.R. 36.611(a) - (h) and pursuant to 47 C.F.R.
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- of the national total of working exchange loops. 20 See Rural Task Force Order; Federal-State Joint Board on Universal Service, Multi- Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket Nos. 96-45, 00-256, Order on Reconsideration, 17 FCC Rcd 11472 (2002) (Rebasing Order). 21 See 47 C.F.R. 36.605. 22 See 47 C.F.R. 54.305(d)-(f). 3 - 5 If an ILEC is deemed to be a non-rural carrier, it now receives high-cost support based on forward-looking costs, as estimated by an FCC cost model. The Commission adopted a new high-cost support mechanism for non-rural carriers on October 21, 1999, based on recommendations from the Joint Board.23 This HCMS mechanism
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- of the national total of working exchange loops. 20 See Rural Task Force Order; Federal-State Joint Board on Universal Service, Multi- Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket Nos. 96-45, 00-256, Order on Reconsideration, 17 FCC Rcd 11472 (2002) (Rebasing Order). 21 See 47 C.F.R. 36.605. 22 See 47 C.F.R. 54.305(d)-(f). 3 - 5 If an ILEC is deemed to be a non-rural carrier, it now receives high-cost support based on forward-looking costs, as estimated by an FCC cost model. The Commission adopted a new high-cost support mechanism for non-rural carriers on October 21, 1999, based on recommendations from the Joint Board.23 This HCMS mechanism
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A1.pdf
- national total of working exchange loops. 24 See Rural Task Force Order, at paras. 40-43; Federal-State Joint Board on Universal Service, Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket Nos. 96-45, 00-256, Order on Reconsideration, 17 FCC Rcd 11472 (2002) (Rebasing Order). 25 See 47 C.F.R. 36.605. 26 See 47 C.F.R. 54.305(d)-(f). 27 See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Ninth Report and Order and Eighteenth Order on Reconsideration, 14 FCC Rcd 20432 (1999) (High- Cost Methodology Order), rev'd in part and remanded, Qwest Corp. v. FCC, 258 F.3d 1191 (10th Cir. 2001), Federal-State Joint Board on Universal Service, CC Docket No.
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- national total of working exchange loops. 24 See Rural Task Force Order, at paras. 40-43; Federal-State Joint Board on Universal Service, Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket Nos. 96-45, 00-256, Order on Reconsideration, 17 FCC Rcd 11472 (2002) (Rebasing Order). 25 See 47 C.F.R. 36.605. 26 See 47 C.F.R. 54.305(d)-(f). 27 See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Ninth Report and Order and Eighteenth Order on Reconsideration, 14 FCC Rcd 20432 (1999) (High- Cost Methodology Order), rev'd in part and remanded, Qwest Corp. v. FCC, 258 F.3d 1191 (10th Cir. 2001), Federal-State Joint Board on Universal Service, CC Docket No.
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- from the Joint Board.24 This HCMS mechanism is based on the forward- looking costs of providing supported services25 as determined by the Commission's cost model.26 For each state, the cost model calculates the wire center forward-looking cost per line incurred by non-rural carriers to provide supported services. The statewide average cost per line is then 22 See 47 C.F.R. 36.605. 23 See 47 C.F.R. 54.305(d)-(f). 24 See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Ninth Report and Order and Eighteenth Order on Reconsideration, 14 FCC Rcd 20432 (1999) (High- Cost Methodology Order), rev'd in part and remanded, Qwest Corp. v. FCC, 258 F.3d 1191 (10th Cir. 2001), Federal-State Joint Board on Universal Service, CC Docket No.
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- from the Joint Board.24 This HCMS mechanism is based on the forward- looking costs of providing supported services25 as determined by the Commission's cost model.26 For each state, the cost model calculates the wire center forward-looking cost per line incurred by non-rural carriers to provide supported services. The statewide average cost per line is then 22 See 47 C.F.R. 36.605. 23 See 47 C.F.R. 54.305(d)-(f). 24 See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Ninth Report and Order and Eighteenth Order on Reconsideration, 14 FCC Rcd 20432 (1999) (High- Cost Methodology Order), rev'd in part and remanded, Qwest Corp. v. FCC, 258 F.3d 1191 (10th Cir. 2001), Federal-State Joint Board on Universal Service, CC Docket No.
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- determined by the Commission's cost model.27 22 See Rural Task Force Order, at paras. 40-43; Federal-State Joint Board on Universal Service, Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket Nos. 96-45, 00-256, Order on Reconsideration, 17 FCC Rcd 11472 (2002) (Rebasing Order). 23 See 47 C.F.R. 36.605. 24 See 47 C.F.R. 54.305(d)-(f). 25 See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Ninth Report and Order and Eighteenth Order on Reconsideration, 14 FCC Rcd 20432 (1999) (High- Cost Methodology Order), rev'd in part and remanded, Qwest Corp. v. FCC, 258 F.3d 1191 (10th Cir. 2001), Federal-State Joint Board on Universal Service, CC Docket No.
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- determined by the Commission's cost model.27 22 See Rural Task Force Order, at paras. 40-43; Federal-State Joint Board on Universal Service, Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket Nos. 96-45, 00-256, Order on Reconsideration, 17 FCC Rcd 11472 (2002) (Rebasing Order). 23 See 47 C.F.R. 36.605. 24 See 47 C.F.R. 54.305(d)-(f). 25 See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Ninth Report and Order and Eighteenth Order on Reconsideration, 14 FCC Rcd 20432 (1999) (High- Cost Methodology Order), rev'd in part and remanded, Qwest Corp. v. FCC, 258 F.3d 1191 (10th Cir. 2001), Federal-State Joint Board on Universal Service, CC Docket No.
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- is amended as follows: PART 36 - JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR SEPARTING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES Subpart F - Universal Service Fund 1. Section 36.601 is amended as follows. 36.601 General (a)-(b) * * * [unchanged] (c) Until June 30, 2001, * * * 2. Sections 36.602, 36.603, 36.604, and 36.605 are added to subpart F to read as follows: 36.602 Calculation of non-rural carrier portion of nationwide loop cost expense adjustment. Effective July 1, 2001, for purposes of determining non-rural carrier interim hold-harmless support, pursuant to 54.311 of this chapter, the annual amount of the total nationwide loop cost expense adjustment calculated pursuant to this subpart F shall
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- Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 TWENTY-THIRD ORDER ON RECONSIDERATION Adopted: July 5, 2001 Released: July 11, 2001 By the Commission: Commissioner Abernathy not participating INTRODUCTION In this Order, the Commission on its own motion makes a correction to section 36.605(c)(3)(ii) of its rules adopted in the Fourteenth Report and Order released on May 23, 2001. The correction concerns the calculation of safety net additive support in the years following qualification for such support and is necessary to make the rule consistent with the text of the underlying order. Specifically, this correction revises the language in section 36.605(c)(3)(ii) to make it
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- helps to offset interstate access charges for price cap carriers. Any carrier that does not meet the definition of a rural carrier is a non-rural carrier. Section 3 of the Act defines a rural carrier. See 47 U.S.C. 153(37). High cost loop support also includes two subcategories: safety valve support and safety net additive support. See 47 C.F.R. 36.605, 54.305. In addition, High Cost support included Long Term support (``LTS''), until July 1, 2004, after which LTS was incorporated into ICLS. See Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket No. 00-256, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order and
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- the Commission's rules. The companies request that the Commission review decisions by the Universal Service Administrative Company (USAC) that significantly reduced the companies' safety net additive support, and deducted previously dispersed safety net additive support from their universal service support payments. USAC recalculated the companies' safety net additive support pursuant to the Wireline Competition Bureau's (Bureau's) guidance in interpreting section 36.605 of the Commission's rules. We find that the Bureau's interpretation that safety net additive support should be based only on the carriers' first qualifying year incorrectly limits the support these carriers should have received. Consistent with the policies underlying the Commission's adoption of the safety net additive support rules, we conclude that these carriers should receive safety net additive support
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- the interest of fairness and predictability for the companies affected. Under the current Universal Service Fund distribution regime, refunding the safety net additive support that was summarily deducted from these companies' universal service support after the companies had received, and most likely had relied, on that safety net additive support is necessary at this time. Further, our clarification of section 36.605 of our rules to provide that carriers may qualify for safety net additive support in each year that they meet the 14 percent trigger will ensure that carriers making similar levels of investment receive similar support. However, it is important to realize that while our action today addresses a matter of fairness under the current rules; it does nothing to
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- the effect of discouraging investment during the first year or penalizing rural carriers for investments made during the first year as a result of conditions placed by state commission on the acquisition. The Commission's modification provided small, rural carriers the incentive needed to upgrade their exchanges to better serve their rural populations. Also in 2005, the Commission clarified that section 36.605 of the Commission's rules provides that carriers may qualify for safety net additive support in more than one year. Specifically, the Commission granted requests for review of decisions by the Universal Service Administrative Company (USAC) filed by Darien Telephone Company, Inc. (Darien), Logan Telephone Cooperative, Inc. (Logan), and Roanoke & Botetourt Telephone Company (R&B) pursuant to sections 54.719 and 54.722
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- exchange carriers (LECs) in service areas where the cost to provide service exceeds 115 percent of the national average. See 47 C.F.R. 36.631. Rural incumbent LECs may also receive support under two additional sub-mechanisms in limited circumstances. Carriers may qualify for additional support, i.e., safety net additive support, if they demonstrate significant investment in infrastructure. See 47 C.F.R. 36.605. Carriers may be eligible for additional support, i.e., safety value support, in instances where they acquire exchanges and invest in that infrastructure. See 47 C.F.R. 54.305(d). Local switching support provides intrastate support for switching costs for companies that serve 50,000 or fewer access lines. See 47 C.F.R. 54.301. High-cost model support provides support for intrastate network costs to
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- of a summary thereof in the Federal Register. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A Proposed Universal Service Rules . Part 36 of Title 47 of the Code of Federal Regulations is amended as follows: PART 36-JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES F-Universal Service Fund Section 36.605 is amended by revising the first sentence of paragraph (b) and by adding one sentence at the end of paragraph (b) as follows: 36.605 Calculation of safety net additive. ***** b) Calculation of safety net additive support: Until December 31, 2011, safety net additive support is equal to the amount of capped support calculated pursuant to this subpart F
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- the RGF calculation. (b) Effective July 31, 2012, pursuant to 36.601(a) of this subpart, the calculation of the Rural Growth Factor shall not include price cap carrier working loops and rate-of-return local exchange carrier working loops of companies that were affiliated with price cap carriers during the calendar year preceding the July 31st filing submitted pursuant to 36.611. Amend 36.605 by revising paragraphs (a), (b) and (c) and (c)(1) as follows: 36.605 Calculation of safety net additive. (a) ``Safety net additive support.'' Beginning January 1, 2012, only those local exchange carriers that qualified in 2010 or earlier, based on 2009 or prior year costs, shall be eligible to receive safety net additive pursuant to paragraph (c) of this section.
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- support than it would receive if it were not subject to enforcement of section 54.305(b). Partner also seeks forbearance from section 54.305(d) of the Commission's rules, to the extent necessary to specifically clarify that upon forbearance from enforcement of section 54.305(b), Partner would not receive safety valve support pursuant to section 54.305(d), but rather safety net support pursuant to section 36.605(a)-(c). For purposes of this proceeding, we will refer to Partner's requests collectively as a request for forbearance from section 54.305 of the Commission's rules. On January 12, 2010, the Commission released a Public Notice seeking comment on the Petition. Two comments were filed in support of the Petition, stating that enforcement of section 54.305 penalizes rural customers in the four
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/err01157.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/err01157.txt
- Further Notice of Proposed Rulemaking in CC Docket No. 96-45, and Report and Order in CC Docket No. 00-256 (FCC 01-157) (the Order). These errata amend the Order, as follows: Appendix A, first sentence, replace ``Part 36 of Title 47'' with ``Part 36 and Part 54 of Title 47''; Appendix A, first sentence, replace ``is'' with ``are''; Appendix A, Section 36.605(c)(3), replace ``meets the above stated criterion,'' with ``meets the stated criterion in paragraphs (a), (b), (c) of this section,;'' Appendix A, Section 36.605(c)(3), replace ``(A)'' with ``(i)''; Appendix A, Section 36.605(c)(3), replace ``(B)'' with ``(ii)''; Appendix A, Section 36.605(c)(3)(B), replace ``(i)'' with ``(A)''; Appendix A, Section 36.605(c)(3)(B), replace ``(ii)'' with ``(B)''; Appendix A, Section 36.605(c)(3)(ii)(B), replace ``subsection (a)'' with ``paragraph
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- are amended as follows: PART 36 - JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES FOR SEPARTING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES, EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES Subpart F - Universal Service Fund 1. Section 36.601 is amended as follows. 36.601 General (a)-(b) * * * [unchanged] (c) Until June 30, 2001, * * * 2. Sections 36.602, 36.603, 36.604, and 36.605 are added to subpart F to read as follows: 36.602 Calculation of non-rural carrier portion of nationwide loop cost expense adjustment. Effective July 1, 2001, for purposes of determining non-rural carrier interim hold-harmless support, pursuant to 54.311 of this chapter, the annual amount of the total nationwide loop cost expense adjustment calculated pursuant to this subpart F shall