FCC Web Documents citing 69.601

as compiled by hallikainen.com/FccRules on 2012 06 01

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  • June 6, 2007) (``Joint Statement'') at 1, ¶ 2. Joint Statement at 1-2, ¶ 4. Joint Statement at 2, ¶ 5. Joint Statement at 1-2, ¶ 4. 47 C.F.R. §§ 69.1-69.2. Complaint at 6, ¶ 8; Answer of Farmers & Merchants Mutual Telephone Company, File No. EB-07-MD-001 (filed May 29, 2007) (``Answer'') at 12, ¶ 8. See 47 C.F.R. §§ 69.601-69.612. Complaint at 6-7, ¶ 9; Answer at 12, ¶ 9; see 47 C.F.R. § 69.3(d). Complaint at 6-7, ¶ 9; Answer at 12, ¶ 9; see 47 C.F.R. §§ 69.604, 69.605. See 47 C.F.R. §§ 69.605, 69.606. 47 C.F.R. § 69.605(a). Complaint at 6-7, ¶ 9; Answer at 12, ¶ 9. See 47 C.F.R. § 69.606; In the Matter of
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  • Memorandum Opinion and Order, 10 FCC Rcd 1871, 1872 (1995). See 47 C.F.R. § 54.305. See id. See infra discussion at paras. 11-14. See Ex Parte filing of Jordan-Soldier Valley Telephone Company and Alpine Communications, L.C., CC Docket No. 96-45 (filed Sep. 5, 2000) (Ex Parte Filing). Petition at 4-5. See Ex Parte Filing at 2. See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). See MTS and WATS Market Structure: Average Schedule Companies, CC Docket No. 78-72, Memorandum Opinion and Order, 3 FCC Rcd 6642 (1986) (MTS and WATS Order). The Bureau also has observed that cost company conversion to average schedule status may result in higher than reasonable interstate revenue requirements. See NECA's Proposed
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  • F.2d at 1166. See, e.g., U S WEST Communications, Inc., and Eagle Telecommunications, Inc., Petition for Waiver of the Definition of ``Study Area'' Contained in Part 36, Appendix-Glossary of the Commission's Rules, AAD 94-27, Memorandum Opinion and Order, 10 FCC Rcd 1871, 1872 (1995). See Petition at Appendix A. Id. at 5. Id. at Appendix A. See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). See MTS and WATS Market Structure: Average Schedule Companies, CC Docket No. 78-72, Memorandum Opinion and Order, 3 FCC Rcd 6642 (1986) (MTS and WATS Order). See 47 C.F.R. § 69.605(c). See BPS Telephone Co. Petition for Waiver of Section 69.605(c) of the Commission's Rules, AAD No. 95-67, Memorandum Opinion and
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  • (approving the conversion of approximately 285,000 access lines from price cap to rate-of-return regulation). See LEC Price Cap Order at para. 6 (limiting mandatory price cap participation to the eight largest LECs at that time - the seven Bell Operating Companies and General Telephone and Telegraph Company). See Petition at 9. See 47 C.F.R. § 61.45(d). See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). See MTS and WATS Market Structure: Average Schedule Companies, CC Docket No. 78-72, Memorandum Opinion and Order, 3 FCC Rcd 6642 (1986) (MTS and WATS Order). The Bureau also has observed that cost company conversion to average schedule status may result in higher than reasonable interstate revenue requirements. See NECA's Proposed
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  • Bur. 1993) (approving the conversion of approximately 285,000 access lines from price cap to rate-of-return regulation). See LEC Price Cap Order, para. 6 (limiting mandatory price cap participation to the eight largest LECs at that time - the seven Bell Operating Companies and GTE). See Petition at 8. Id. at 4. See 47 C.F.R. § 61.45(d). See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average schedule company to a cost company, but a carrier must obtain a waiver of section 69.605(c) to change from a cost company to an average schedule company. See 47 C.F.R. § 69.605(c). See Petition of Waiver Filed by
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  • 36, Appendix-Glossary of the Commission's Rules, Memorandum Opinion and Order, 12 FCC Rcd 13329, 13336 (1997); GTE North, Inc. and PTI Communications of Michigan, Inc., Petition for Waiver of Sections 61.41(c) and the Definition of ``Study Area'' Contained in Part 36, Appendix-Glossary of the Commission's Rules, Memorandum Opinion and Order, 12 FCC Rcd 13882, 13888 (1997). See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-69.612 See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average schedule company to a cost company, but a carrier must obtain a waiver of section 69.605(c) to change from a cost company to an average schedule company. See 47 C.F.R. § 69.605(c). See MTS and WATS Market Structure:
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  • 69.3(e)(11). See Amendment of Part 69 of the Commission's Rules Relating to the Common Line Pool Status of Local Exchange Carriers Involved in Mergers or Acquisitions, CC Docket No. 89-2, Report and Order, 5 FCC Rcd 231, 248 (1989). See 47 C.F.R. § 69.3(a). See Joint Petition at 11. Id. See NECA Comments at 5. Id. See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average schedule company to a cost company, but a carrier must obtain a waiver of the definition of ``average schedule company'' in section 69.605(c) to change from a cost company to an average schedule company. See 47 C.F.R. §
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  • would be moved to Part 69, and rules associated with price cap regulations would be placed under a new part of the rules. USTA argues that all incumbent LECs should be permitted to file contract-based tariffs. Western Alliance, NECA and the Organization for the Promotion and Advancement of Small Telecommunications Companies (OPASTCO), urge the Commission to revise or clarify section 69.601(c) to minimize the number of certifications required from local exchange carriers for submission and collection of the same interstate common line support (ICLS) data already submitted to NECA pursuant to section 54.903(a) of the rules on behalf of pooling companies. Western Alliance and OPASTCO note that while in the MAG Order the Commission rejected the idea of relying upon NECA
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  • of Service, Amending Certificate, Granting Partial Transfer of Certificate, Approving Tariff, and Granting Waiver, Docket Nos. SPU-03-6, TF-03-132, WRU-03-57-478 (Iowa Utilities Bd. Sept. 12, 2003) (finding, among other things, that Killduff Telephone has demonstrated that it has the necessary technical, financial, and managerial abilities to provide local exchange service)). Joint Petition at 6. Id. Id. Id. See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-69.610. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average schedule company to a cost company, but a carrier must obtain a waiver of the definition of ``average schedule company'' in section 69.605(c) to change from a cost company to an average schedule company. See 47 C.F.R. §
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  • 47 U.S.C. § 201(b). Entrance facilities generally refer to the incumbent local exchange carrier (LEC) transmission facilities that carry switched interstate traffic between an interexchange carrier's point of presence (POP) and the incumbent LEC end-office that serves the POP. See 47 C.F.R. § 69.110. See NECA Tariff F.C.C. No. 5, § 6.1.3(A)(1), 3rd Revised Page 6-8.1. 47 C.F.R. §§ 69.3, 69.601. 47 C.F.R. § 61.38; 47 C.F.R. §§ 69.601-610. NECA members participate in revenue pooling as either ``cost companies'' or ``average schedule'' companies. 47 C.F.R. §§ 69.605-606. Cost companies receive pool revenues for interstate access services based on their actual interstate investment and expenses, calculated each year from cost studies. 47 C.F.R. § 69.605. The pool revenues of average schedule companies
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  • See Petition at 6. See also supra n.2. We note that the MPUC approved Sioux Valley's sale of the East Valley Springs exchange to Hills. See Letter from Burl W. Haar, Executive Secretary, Minnesota Public Utilities Commission, to Brian J. Donahoe, Cutler & Donahoe, LLP, MPUC Docket No. P533/562/PA-04-447 (May 26, 2004). See Petition at 7. See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). Average schedule companies may also receive universal service support pursuant to average schedule formulas. See, e.g., National Exchange Carrier Association, Inc. Proposed 2004 Modification of Average Schedule Formulas, CC Docket 96-45, Order, 18 FCC Rcd 26619 (WCB 2003). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-1220 Released: April 27, 2005 ALLBAND COMMUNICATIONS COOPERATIVE PETITION FOR WAIVER OF SECTIONS 69.2(hh) AND 69.601 OF THE COMMISSIONS RULES PLEADING CYCLE ESTABLISHED WC Docket No. 05-174 COMMENTS: May 19, 2005 REPLY COMMENTS: June 2, 2005 By this Public Notice, we seek comment on a petition filed on April 7, 2005 by Allband Communications Cooperative (Allband) requesting waiver of Sections 69.2(hh) and 69.601 of the Commission's rules. Allband intends to provide local exchange service to a
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  • element. Legal Basis: 47 U.S.C. 154, 220. Section Number and Title: 69.407(c) Revenue accounting expenses in Account 6620. SUBPART G -- EXCHANGE CARRIER ASSOCIATION Brief Description: The part 69 rules also provide for the establishment and operation of the National Exchange Carrier Association (NECA), which files tariffs on behalf of many of the smaller, rate-of-return local exchange carriers. Need: Section 69.601(c) was adopted to ensure that data provided by the member telephone companies to NECA are complete, accurate, and consistent with FCC rules. Legal Basis: 47 U.S.C. 154, 201, 202, 203, 205, 218, 403. Section Number and Title: 69.601(c) Exchange carrier association. PART 73 -- RADIO BROADCAST SERVICES SUBPART H -- RULES APPLICABLE TO ALL BROADCAST STATIONS Brief Description: These rules
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  • at 2. AT&T Reply at 6. KCC Comments at 3. 47 U.S.C. §§ 251, 252. Section 251(h)(1) of the Act defines ``incumbent local exchange carrier'' as a LEC that, on February 8, 1996, provided telephone exchange service to a particular area and either (a) was deemed to be a member of the exchange carrier association, pursuant to 47 C.F.R. § 69.601(b) on February 8, 1996; or (b) is a person or entity that, after February 8, 1996, became a successor or assign of a member of the exchange carrier association, pursuant to 47 C.F.R. § 69.601(b). See 47 U.S.C. § 251(h)(1). Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers, Implementation of the Local Competition Provisions of the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit À À À Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Allband Communications Cooperative Petition for Waiver of Sections 69.2(hh) and 69.601 of the Commission's Rules ) ) ) ) ) WC Docket No. 05-174 Adopted: August 11, 2005 Released: August 11, 2005 By the Chief, Wireline Competition Bureau: introduction In this Order, we grant the request of Allband Communications Cooperative (Allband) for waiver of sections 69.2(hh) and 69.601 of the Commission's rules. We also grant Allband waivers of the definition of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit À À À Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Westgate Communications LLC d/b/a WeavTel Petition for Waiver of Sections 69.2(hh) and 69.601 of the Commission's Rules Beaver Creek Telephone Company Petition for Waiver of Sections 69.2(hh) and 69.601 of the Commission's Rules ) ) ) ) ) ) ) ) ) WC Docket No. 05-58 WC Docket No. 05-69 Adopted: August 11, 2005 Released: August 11, 2005 By the Chief, Wireline Competition Bureau: introduction In this Order, we grant the requests of
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  • 3. See Utah Commission Order at 10. See 47 U.S.C. §§ 153(47), 214(e)(2); Utah Commission Order at 13-14 See Waiver Petition at 6. Telecommunications Act of 1996, Pub. L. No. 104-104. 110 Stat. 56 (1996) (1996 Act). The 1996 Act amended the Communications Act of 1934 (Communications Act or Act). 47 U.S.C. §§ 151 et seq. See 47 C.F.R. § 69.601. 47 C.F.R. § 69.2(hh). See 47 U.S.C. § 251(h)(1). For example, section 36.611 of the Commission's rules governs the submission of data to NECA for purposes of calculating high-cost support and only applies to incumbent LECs. Competitive ETCs file line count data and their support is calculated pursuant to section 54.307 of the Commission's rules. See 47 C.F.R. §§ 36.611,
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  • (filed April 8, 2005). See In Re: Sully Telephone Association Inc., and Reasnor Telephone Company, LLC, Order Approving Joint Application for Discontinuance of Service, Amending Certificate, Granting Partial Transfer of Certificate, Approving Tariff, and Granting Waiver, State of Iowa, Department of Commerce, Utilities Board, Docket Nos. SPU-04-21, TF-04-255, WRU-04-37-3775 (September 2, 2004). See Petition at 6. See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-.612. See 47 C.F.R. § 69.606(a). Average schedule companies may also receive universal service support pursuant to average schedule formulas. See, e.g., National Exchange Carrier Association, Inc. Proposed 2004 Modification of Average Schedule Formulas, CC Docket 96-45, Order, 18 FCC Rcd 26619 (WCB 2003). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average
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  • certification that all ICLS support provided to Adak Telephone will be used only for the provision and maintenance, and upgrading of facilities and services for which the support is intended. 47 C.F.R. §§ 54.903, 54.904. See Petition at 15. Id. at 17 Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (1996 Act). See 47 C.F.R. § 69.601. 47 C.F.R. § 69.2(hh). See 47 U.S.C. § 251(h)(1). For example, section 36.611 of the Commission's rules governs the submission of data to NECA for purposes of calculating high-cost support and only applies to incumbent LECs. Competitive ETCs file line count data and their support is calculated pursuant to section 54.307 of the Commission's rules. See 47 C.F.R. §§ 36.611,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-593 Released: March 4, 2005 BEAVER CREEK COMMUNICATIONS COOPERATIVE PETITION FOR WAIVER OF SECTIONS 69.2 AND 69.601 OF THE COMMISSIONS RULES PLEADING CYCLE ESTABLISHED WC Docket No. 05-69 COMMENTS: March 25, 2005 REPLY COMMENTS: April 8, 2005 By this Public Notice, we seek comment on a petition filed on December 8, 2004 by Beaver Creek Telephone Company (Beaver Creek) requesting waiver of Sections 69.2(hh) and 69.601 of the Commission's rules. Beaver Creek is a new local exchange
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-595 Released: March 4, 2005 WESTGATE COMMUNICATIONS LLC d/b/a WEAVTEL PETITION FOR WAIVER OF SECTIONS 69.2 AND 69.601 OF THE COMMISSIONS RULES PLEADING CYCLE ESTABLISHED WC Docket No. 05-58 COMMENTS: March 25, 2005 REPLY COMMENTS: April 8, 2005 By this Public Notice, we seek comment on a petition filed on August 18, 2004 by Westgate Communications LLC d/b/a WeavTel (WeavTel) requesting waiver of Sections 69.2(hh) and 69.601 of the Commission's rules. WeavTel is a new local exchange carrier
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  • LECs, do not specifically address companies, such as Sacred Wind, that come into existence after the enactment of the Telecommunications Act of 1996. In order to be a member of NECA and to participate in the NECA tariffs and pools, a carrier must be a ``telephone company,'' as defined in Part 69 of the Commission's rules. See 47 C.F.R. § 69.601. 47 C.F.R. § 69.2(hh). See 47 U.S.C. § 251(h)(1). For purposes of calculating universal service support, Part 36 of the Commission's rules applies to incumbent LECs, and Part 54 of the Commission's rules distinguishes between incumbent LECs and competitive ETCs. For example, section 36.611 of the Commission's rules governs the submission of data to NECA for purposes of calculating high-cost
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  • or Acquisitions, CC Docket No. 89-2, Report and Order, 5 FCC Rcd 231, 248 (1989). See 47 C.F.R. § 69.3(a). See Supplemental Petition at 2-3. Id. at 3. See Letter from Tracey E.J. Saltenberger, NECA, to Marlene H. Dortch, Secretary, Federal Communications Commission, CC Docket No. 96-45 (January 3, 2007) (NECA Letter). . See NECA Letter. See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-69.611. See 47 C.F.R. §§ 69.301-69.611. Id. See 47 C.F.R. § 69.606(a). Average schedule companies may also receive universal service support pursuant to average schedule formulas. See, e.g., National Exchange Carrier Association, Inc. Proposed 2004 Modification of Average Schedule Formulas, CC Docket 96-45, Order, 18 FCC Rcd 26619 (WCB 2003). 47 C.F.R. § 69.605(c). An incumbent
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  • first customer. Allband further requests that the Commission grant on its own motion any additional waivers of the Commission's rules necessary to expedite Allband's receipt of all federal universal service support and participation in National Exchange Carrier Association (NECA) pools. On August 11, 2005, the Wireline Competition Bureau (Bureau) granted a request from Allband for waiver of sections 69.2(hh) and 69.601 of the Commission's rules to allow Allband to participate in NECA tariffs and pools. In addition, the Bureau granted Allband waivers of the definition of incumbent local exchange carrier in Part 36 and section 54.5 of the Commission's rules to the limited extent necessary to permit Allband to receive universal service support based on its own costs. The Bureau also
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  • contact Gary Seigel, Telecommunications Access Policy Division, Wireline Competition Bureau, at (202) 418-7400 or TTY (202) 418-0484. - FCC - Osirus Communications, Inc., Petition for Waivers of the Commission's Rules to Participate in NECA Pools and Tariffs and to Obtain Accelerated USF Support, CC Docket No. 96-45 (filed Oct. 2, 2007) (Petition). Specifically, Osirus seeks a waiver of sections 69.2(hh), 69.601, and 69.3(e) to allow Osirus to become a member of NECA and to immediately participate in NECA pools; sections 36.611 and 36.612 to allow accelerated high-cost loop support; the July 1, 2007 and October 1, 2007 state certification deadlines set forth in section 54.314(d); and data filing deadlines set forth in sections 54.301(b) and 54.903(a). 47 C.F.R. §§ 69.2(hh), 69.601,
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  • See AT&T Reply at 8-9. See Verizon Reply at 6. 47 U.S.C. §§ 251, 252. Section 251(h)(1) of the Act defines ``incumbent local exchange carrier'' as a LEC that, on February 8, 1996, provided telephone exchange service to a particular area and either (a) was deemed to be a member of the exchange carrier association, pursuant to 47 C.F.R. § 69.601(b) on February 8, 1996; or (b) is a person or entity that, after February 8, 1996, became a successor or assign of a member of the exchange carrier association, pursuant to 47 C.F.R. § 69.601(b). See 47 U.S.C. § 251(h)(1). Petition of Qwest Corporation for Forbearance Pursuant to 47 U.S.C. § 160(c) in the Omaha Metropolitan Statistical Area, WC Docket
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  • 22, 2009 On April 1, 2009, DTS of CA, Inc. (DTS) filed a petition for waiver of the Commission's rules to allow it to participate in the National Exchange Carrier Association (NECA) pools and tariffs and to obtain accelerated universal service support. First, DTS seeks a waiver of the definition of ``incumbent local exchange carrier'' in sections 54.5, 69.2(hh), and 69.601 of the Commission's rules, and of the annual election filing deadline in section 69.3(e)(6) of the Commission's rules, to allow DTS to become a member of NECA and to immediately participate in NECA pools and tariffs. Second, DTS seeks a waiver of sections 36.611 and 36.612 of the Commission's rules to allow DTS to receive universal service high-cost loop support
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  • Date: August 20, 2009 Reply Comment Date: September 4, 2009 On April 20, 2009, Huron Mountain Communications Co. (Huron) filed a petition for waiver of the Commission's rules to participate in the National Exchange Carrier Association (NECA) pools and to obtain accelerated universal service support. Specifically, Huron requests: 1) waiver of the definition of ``telephone company'' in sections 69.2(hh) and 69.601 of the Commission's rules, and of the annual election filing deadline in section 69.3(e)(6) of the Commission's rules to allow Huron to become a member of NECA and to immediately participate in NECA pools and tariffs; 2) a declaratory ruling that a waiver of the definition of ``study area'' in the Appendix-Glossary of Part 36 of the Commission's rules is
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  • Universal Service High Cost Loop Support Formula, WC Docket No. 05-337, page 4 (filed Aug. 27, 2009); National Exchange Carrier Association, Inc. and Universal Administrative Company 2010 Modification of Average Schedule Universal Service Formulas, CC Docket No. 05-337, Order, 24 FCC Rcd 14748 (Wireline Comp. Bur. 2009) (approving the average schedule high-cost loop formula for 2010). See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average schedule company to a cost company, but a carrier must obtain a waiver of the definition of ``average schedule company'' in section 69.605(c) to change from a cost company to an average schedule company. See 47 C.F.R. §
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  • for cost-recovery of amounts that otherwise should be recovered through universal service support in a manner consistent with Commission policy and practice. Finally, Direct states that the relief sought has been granted by the Commission to other carriers in similar circumstances. Allband Petition for Waiver On April 7, 2005, Allband filed a petition requesting a waiver of sections 69.2(hh) and 69.601 of the Commission's rules to allow it to join NECA and to participate in NECA tariffs and pools. Allband also requested a waiver of certification and data filing deadlines contained in Part 54 of the Commission's rules that would prevent it from receiving universal service high-cost loop, local switching, and interstate common line support ``on the date on which it
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  • to telecommunications carriers and local exchange carriers. See 47 U.S.C. § 251(c). NECA is an association, established by the Commission, for all ``telephone companies that participate in the distribution of Carrier Common Line revenue requirement, pay long term support to association Common Line tariff participants, or receive payments from the transitional support fund administered by the association.'' 47 C.F.R. § 69.601(b). The association was established ``in order to prepare and file access charge tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements.'' 47 C.F.R. § 69.601(a). 47 U.S.C. § 251(h)(2); see also Implementation of the Local Competition Provisions in the Telecommunications Act
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  • Bureau in ECFS Proceeding #ECFS Link EDOCS Link Date CreatedFilingsLast FilingSubject WC 05-56 View 05-56 edocs: 05-56 2/11/2005 75/12/2005Joint Appplication of Global Crossing Telecommunications, Inc. and Westcom Corp. for Transfer of Control of Certain Domestic and International Lines. WC 05-58 View 05-58 edocs: 05-58 2/11/2005 68/11/2005In re Petition of WestGate Commnications LLC d/b/a Weavtel for Waiver of Section 69.2(hh) and 69.601 of the Commission's to Allow New Local Exchange Carrier to Participate in National Exchange Carrier Association Tariffs and Pools. .. WC 05-64 View 05-64 edocs: 05-64 2/15/2005 42/28/2005In the Matter of MercedNet, Inc. Section 63.71 Application to Domestic Non-Dominant Telecommunications Services in the Merced, California Basic Trading Area. .. WC 05-69 View 05-69 edocs: 05-69 2/17/2005 38/11/2005In re Petition of
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  • CLEC Safe Harbor Reply Comments at 2; NTCA Safe Harbor Comments at 4-5; BayRing Safe Harbor Comments at 23; BayRing Safe Harbor Reply Comments at 3-4. The National Exchange Carrier Association is a non-stock, not-for-profit association that the FCC established in 1983, inter alia, to administer its Access Charge Plan and the associated pools and tariffs. See 47 C.F.R. §§ 69.601, et seq. NECA files interstate access tariffs for primarily small, rural and high-cost ILECs that participate in its common line or traffic-sensitive pools. NECA has over one thousand members that are either ``cost'' or ``average schedule'' companies. Cost companies submit cost studies to NECA; these studies form the basis for the cost companies' settlements with the NECA pools. For average
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  • pursuant to § 61.41, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
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  • 403 this NOTICE OF PROPOSED RULEMAKING is hereby ADOPTED. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this NOTICE OF PROPOSED RULEMAKING, including the Initial Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary See 47 C.F.R. § 69.601 et seq. Id. Section 11 of the Communications Act of 1934, as amended (Act), and section 202(h) of the Telecommunications Act of 1996, collectively require the Commission to review biennially its regulations that pertain to telecommunications service providers and to determine whether those regulations are no longer necessary in the public interest as a result of meaningful economic competition. See
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  • of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket Nos. 00-256, 96-45, 98-77, 98-166, 16 FCC Rcd 460 (2001) (setting forth an interstate access reform and universal service support proposal for incumbent LECs subject to rate-of-return regulation, which is designed to be implemented over a five-year period). See 47 C.F.R. § 69.606. See generally 47 C.F.R. § 69.601 et seq. 47 U.S.C. § 254(g). LEC Classification Order, 12 FCC Rcd at 15793-94, paras. 65-66. See, e.g., Applications of Ameritech Corp., Transferor, and SBC Communications, Inc., Transferee, For Consent to Transfer Control of Corporations Holding Commission Licenses and Lines Pursuant to Sections 214 and 310(d) of the Communications Act and Parts 5, 22, 24, 25, 63, 90, 95, and
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  • specific area if, on the date of enactment of the Act, the carrier provided telephone exchange service in that area and was deemed to be a member of the National Exchange Carrier Association, Inc. (NECA), or if the carrier ``became a successor or assign'' of such a member on or after that date. 47 U.S.C. § 251(h)(1). Pursuant to section 69.601(b) of the Commission's rules, ``[a]ll telephone companies that participate in the distribution of Carrier Common Line revenue requirement, pay long term support to association Common Line tariff participants, or receive payments from the transitional support fund administered by [NECA] shall be deemed to be members.'' 47 C.F.R. § 69.601(b). Competitive local exchange carriers (CLECs) are not subject to the requirements
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  • File No. E-97-03 (filed Oct. 18, 1996) at 12, ¶ 64 (Complaint); Answer at 10, ¶ 64. FN12. Pursuant to the Commission's rules, NECA prepares and files access charge tariffs on behalf of ``all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements.'' 47 C.F.R. § 69.601(a). Each participating company charges the rates appearing in those tariffs, pools its revenues with other participants, and receives an amount equal to its costs and its pro rata share of all earnings. Complaint at 2, 5-6, ¶¶ 4, 7, 23-24. Total and Atlas v. AT&T, 919 F. Supp. at 476, 482. AT&T Brief at 11; Answer at 30, ¶ 6;
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  • 47 U.S.C. § 201(b). 47 U.S.C. §§ 204 and 205. NECA files two separate tariffs for interstate access services -- one for common line services and the other for traffic-sensitive services -- for many smaller rate-of-return LECs. Rates in each tariff are based on the cost and demand of the LECs participating in the particular tariff. See generally 47 C.F.R. 69.601 et seq. 47 C.F.R. § 69.3. ATU Tariff Transmittal No. 108, D&J, at 14 (June 16, 2000). 2000 Annual Access Filings, CC Docket No. 00-122, Memorandum Opinion and Order, 15 FCC Rcd 11741 (Competitive Pricing Division, released June 30, 2000). See ACS Transmittal No. 1, dated Sept. 26, 2000, effective Oct. 11, 2000. Under Transmittal No. 1, ACS cancelled ATU's
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  • competition between providers of such service.'' See MTS and WATS Market Structure, CC Docket No. 78-72, Phase I, Third Report and Order, 93 FCC 2d 241, 333-34 (1983). NECA prepares and files access charge tariffs on behalf of telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company. 47 C.F.R. § 69.601. Incumbent local exchange carriers that participate in NECA's pools collect access charges from interexchange carriers at the rates contained in the access tariffs filed by NECA. Id. Each pool participant receives settlements from the pools to recover the cost of providing service plus a pro-rata share of the pool's earnings. See 47 C.F.R. §§ 69.601-69.612. See also Comments of National
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  • of this section, the term "incumbent local exchange carrier" means, with respect to an area, the local exchange carrier that--- (A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b);150 or (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i). (2) Treatment of Comparable Carriers as Incumbents.---The Commission may, by rule, provide for the treatment of a local exchange carrier (or class or category thereof) as
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  • of the Communications Act: ``the term `incumbent local exchange carrier' means, with respect to an area, the local exchange carrier that-(A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b)...; or (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i).'' In a separate petition for reconsideration filed March 8, 2002, SBC requests that the Commission amend the definition of ILEC contained in section 32.11 of its rules by specifying that the rule does
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  • Rcd 15499, 15506, para. 4 (1996) (Local Competition First Report and Order). NECA is an association, established by Commission rule, for all ``telephone companies that participate in the distribution of Carrier Common Line revenue requirement, pay long term support to association Common Line tariff participants, or receive payments from the transitional support fund administered by the association.'' 47 C.F.R. § 69.601(b). The association was established ``in order to prepare and file access tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another company for all access elements.'' 47 C.F.R. § 69.601(a). 47 U.S.C. § 251(h)(1). Incumbent LECs are subject not only to the requirements of sections 251(a) and (b),
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  • sixty (60) days of the release of this Order the report described in paragraphs 28-32. IT IS FURTHER ORDERED that the National Exchange Carrier Association, Inc., SHALL FILE revised September Form 492 Reports in accordance with the requirements of paragraph 27. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. § 208. 47 U.S.C. § 204(a). 47 C.F.R. §§ 69.3, 69.601. 47 C.F.R. § 61.38; 47 C.F.R. §§ 69.601-610. NECA members participate in revenue pooling as either ``cost companies'' or ``average schedule'' companies. 47 C.F.R. §§ 69.605-606. Cost companies receive pool revenues for interstate access services based on their actual interstate investment and expenses, calculated each year from cost studies. 47 C.F.R. § 69.605. The pool revenues of average schedule companies
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  • Rcd at 5057. See also 47 U.S.C. § 254(b). See Skyline Telephone July 2003 Letter. Although we dismiss as moot Skyline Telephone's request for accelerated support for prior periods of service, Skyline Telephone shall be eligible to receive high-cost universal service support as of January 1, 2004, notwithstanding the filing deadlines in sections 36.611 and 36.612. See 47 C.F.R. § 69.601. 47 C.F.R. § 69.2(hh). ; see also 47 C.F.R. § 36.611. See 47 U.S.C. § 251(h)(1). Id. See Petition at 2-3. See Washington Commission Oct. 7 Letter. . See First Report and Order, 12 FCC Rcd at 9315-16 (amending section 36.611 of the Commission's rules). See 47 C.F.R. §§ 36.611, 54.301, 54.303, and 69.2(hh). Petition at 11. See 47 U.S.C.
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  • 94-1, 91-213, 95-72, 13 FCC Rcd 5318, 5482, ¶ 297 (1997) (``Fourth Reconsideration Order''); 47 C.F.R. § 54.708. NECA is an association of incumbent local exchange carriers (``LECs'') established by the Commission to administer interstate access tariffs for companies that do not file separate tariffs and to collect and distribute access charge revenues for those companies. See 47 C.F.R. §§ 69.601, 69.603. The NECA Board of Directors is ``prohibited from participating in the functions of the [universal service fund] Administrator.'' 47 C.F.R. § 54.703(a). See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in
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  • to other telecommunications carriers. 47 U.S.C. §§ 251(c)(1), (2), (3) & (4). NECA is an association, established by Commission rule, for all ``telephone companies that participate in the distribution of Carrier Common Line revenue requirement, pay long term support to association Common Line tariff participants, or receive payments from the transitional support fund administered by the association.'' 47 C.F.R. § 69.601(b). The association was established ``in order to prepare and file access tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another company for all access elements.'' 47 C.F.R. § 69.601(a). 47 U.S.C. § 251(h)(1). 47 U.S.C. § 251(h)(2); see also section 51.223 of the Commission's rules, 47 C.F.R.
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  • from Richard A. Askoff, Deputy General Counsel, NECA, to David Cosson, Kraskin, Moorman & Cosson, LLC (dated July 16, 2004) (NECA July Letter). See NECA February Letter at 1. See NECA July Letter at 1. See Petition at 15. Our finding will not become effective until Heart of Iowa's competitive LEC lines become incumbent LEC lines. See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average schedule company to a cost company, but a carrier must obtain a waiver of the definition of ``average schedule company'' in section 69.605(c) to change from a cost company to an average schedule company. See 47 C.F.R. §
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  • June 6, 2007) (``Joint Statement'') at 1, ¶ 2. Joint Statement at 1-2, ¶ 4. Joint Statement at 2, ¶ 5. Joint Statement at 1-2, ¶ 4. 47 C.F.R. §§ 69.1-69.2. Complaint at 6, ¶ 8; Answer of Farmers & Merchants Mutual Telephone Company, File No. EB-07-MD-001 (filed May 29, 2007) (``Answer'') at 12, ¶ 8. See 47 C.F.R. §§ 69.601-69.612. Complaint at 6-7, ¶ 9; Answer at 12, ¶ 9; see 47 C.F.R. § 69.3(d). Complaint at 6-7, ¶ 9; Answer at 12, ¶ 9; see 47 C.F.R. §§ 69.604, 69.605. See 47 C.F.R. §§ 69.605, 69.606. 47 C.F.R. § 69.605(a). Complaint at 6-7, ¶ 9; Answer at 12, ¶ 9. See 47 C.F.R. § 69.606; In the Matter of
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  • C.F.R. § 36.611 Submission of information to the National Exchange Carrier Association (NECA). For example, all incumbent local exchange carriers are required to submit certain investment and expense data, including line count information, to NECA by July 31 of each year; nonrural incumbent carriers must file their line count information with NECA quarterly as well. NECA is governed by sections 69.601-69.610. See 47 C.F.R. §§ 69.601-69.610. Comments of Universal Service Administrative Company at 51-52 in response to Comprehensive Review of Universal Service Fund Management, Administration, and Oversight, WC Docket No. 05-195, Notice of Proposed Rulemaking and Further Notice of Proposed Rulemaking, 20 FCC Rcd 11308 (2005) (filed Oct. 18, 2005) Federal-State Joint Board on Universal Service Lifeline and Link-Up, WC Docket
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  • of certain equipment belonging to other telecommunications carriers. 47 U.S.C. § 251(c)(1)-(6). NECA is an association, established by the Commission, for all ``telephone companies that participate in the distribution of Carrier Common Line revenue requirement, pay long term support to association Common Line tariff participants, or receive payments from the transitional support fund administered by the association.'' 47 C.F.R. § 69.601(b). The association was established ``in order to prepare and file access charge tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements.'' 47 C.F.R. § 69.601(a). 47 U.S.C. § 251(h)(1). We refer to these incumbent LECs as legacy incumbent LECs. 47 U.S.C.
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  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
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  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
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  • participate in the National Exchange Carrier Association, Inc. (NECA) DSL Access Service Tariff. National Exchange Carrier Association, Tariff F.C.C. No. 5, pages 17-80 to 17-87.3, Section 17.6 (NECA DSL Tariff). NECA is a non-profit association that files tariffs on behalf of typically smaller rate-of-return carriers so those carriers do not have to file individual tariffs. See, e.g., 47 C.F.R. §§ 69.601, 69.603. Through that voluntary tariff, NECA members offer retail end users and wholesale Internet service providers a DSL access service that ``enables data traffic generated by a customer-provided modem to be transported to a DSL Access Service Connection Point using the Telephone Company's local exchange service facilities.'' NECA DSL Tariff at page 8-1, Section 8.1.1. See Comments of Organization for
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  • establish such a requirement. Cf. 47 C.F.R. § 1.2105(c). Cf. 47 C.F.R. § 1.2104(h). Cf. 47 C.F.R. § 1.2104(i). NECA is an association of incumbent local exchange carriers established by the Commission to administer interstate access tariffs for companies that do not file separate tariffs and to collect and distribute access charge revenues for those companies. See 47 C.F.R. §§ 69.601, 69.603. The NECA Board of Directors is ``prohibited from participating in the functions of the [universal service fund] Administrator.'' 47 C.F.R. § 54.703(a). See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-47A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-47A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-47A1.txt
  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-89A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-89A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-89A1.txt
  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-13A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-13A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-13A1.txt
  • from David Frankel, CEO, ZipDX, to Marlene Dortch, Secretary, FCC, WC Docket No. 07-135, at 1, 3 (filed Nov. 26, 2010). See CALLS Order, 15 FCC Rcd at 12962. See 47 C.F.R. §§ 61.41-49. See Access Stimulation NPRM, 22 FCC Rcd at 18033, para. 33. See generally id. at 17992-93, paras. 6-8. See infra para. 657. See 47 C.F.R. § 69.601 et seq. See NECA, Inc., Tariff FCC No. 5, Title Pages 1-68. In lieu of cost studies, average schedule carriers are compensated by formulas that establish settlements for average schedule carriers that are comparable to the settlements received by comparable cost companies. 47 C.F.R. § 69.606(a). The average schedule settlements are added to the costs of the cost companies to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.txt
  • providers are subject to mandatory detariffing. Nonetheless, CMRS providers are included in the transition to the extent their reciprocal compensation rates are inconsistent with the reforms we adopt here. Joint Letter at 3 & n.1. We note that carriers remain free to make elections regarding participation in the NECA pool and tariffing processes during the transition. See 47 C.F.R. § 69.601 et seq. At the same time, we decline to adopt the Rural Associations' proposal to require carriers that withdraw from NECA association tariffs for switched access elements to continue to contribute to the pool as if they had remained part of the NECA pool. See Letter from Michael R. Romano, Senior Vice President - Policy, NTCA, to Marlene H. Dortch,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-34A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-34A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-34A1.txt
  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-71A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-71A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-71A1.txt
  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-27A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-27A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-27A1.txt
  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-49A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-49A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-49A1.txt
  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-325A1.pdf
  • the definition of a LEC under section 251(h)(1), they are not subject to the duties and obligations imposed on incumbent LECs under section 251(c). An incumbent LEC is defined in section 251(h)(1), and includes only those LECs 2371 that were, on the date of enactment of the 1996 Act, deemed to be members of NECA pursuant to 47 C.F.R. § 69.601(b), or the successor or assign of a NECA member. Similarly, we do not find that CMRS providers satisfy the criteria set forth in section 251(h)(2), which grants the Commission the discretion to, by rule, provide for the treatment of a LEC as an incumbent LEC if certain conditions are met. 2372 B. Reciprocal Compensation Arrangements Under Section 251(b)(5) Federal Communications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.txt
  • 9, 1999). 800 Section 3(26) of the Act defines a local exchange carrier as "[a]ny person that is engaged in the provision of telephone exchange service or exchange access . . . ." 47 U.S.C. § 153(26). 801 Specifically, the Act refers to a LEC that was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations. See 47 U.S.C. §251(h)(1)(B)(i). The referenced association is the National Exchange Carrier Association (NECA), which prepares and files access charge tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements. See 47 C.F.R. § 69.601. Under the Commission's
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.wp
  • paras 19-21. 169 5 U.S.C. § 605(b). 170 5 U.S.C. §§ 601-611. The Regulatory Flexibility Act, 5 U.S.C. § 601 et seq., was amended by the "Small 171 Business Regulatory Enforcement Fairness Act of 1996" (SBREFA), Subtitle II of the Contract with America Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). See 47 C.F.R. §§ 69.601, 69.603. NECA subsequently assumed responsibility for administering the existing 172 universal service fund (47 C.F.R. §§ 69.116, 69.603), the Lifeline Assistance program (47 C.F.R. §§ 69.117, 69.603), the LTS program (47 C.F.R. §§ 69.2(y), 69.612), and TRS fund (47 C.F.R. § 64.604(c)(4)(iii). 44 affected entities. For this part of the Order, we have prepared a Final Regulatory Flexibility Analysis (FRFA),
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.html http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.txt
  • (rel. Sept. 9, 1999). Section 3(26) of the Act defines a local exchange carrier as "[a]ny person that is engaged in the provision of telephone exchange service or exchange access . . . ." 47 U.S.C. § 153(26). Specifically, the Act refers to a LEC that was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations. See 47 U.S.C. §251(h)(1)(B)(i). The referenced association is the National Exchange Carrier Association (NECA), which prepares and files access charge tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements. See 47 C.F.R. § 69.601. Under the Commission's
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fc00j4a.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fc00j4a.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fc00j4a.txt
  • corporate operation expense recognizing that costs incurred to provide telephone service in Alaska are higher than in the lower 48 states and that it was in the public interest of maintaining affordable rates. Order DA 98-2586 (rel. Dec. 22, 1998). See 47 CFR 61.45(d)(1)(viii). See NECA, Presentation before the Task Force, July 20-21, 2000, Seattle, Washington, available at www.wutc.wa.gov/rtf. Section 69.601 of the Commission's rules, 47 C.F.R. 69.601, requires that all data submissions made to NECA must be accompanied by a certification statement signed by the officer or employee responsible for overall preparation of the data submission. See 47 C.F.R. 69.601 (c) and Safeguards to Improve the Administration of the Interstate Access Tariff and Revenue Distribution Processes, CC Docket No. 93-6,
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.txt
  • CLEC Safe Harbor Reply Comments at 2; NTCA Safe Harbor Comments at 4-5; BayRing Safe Harbor Comments at 23; BayRing Safe Harbor Reply Comments at 3-4. The National Exchange Carrier Association is a non-stock, not-for-profit association that the FCC established in 1983, inter alia, to administer its Access Charge Plan and the associated pools and tariffs. See 47 C.F.R. §§ 69.601, et seq. NECA files interstate access tariffs for primarily small, rural and high-cost ILECs that participate in its common line or traffic-sensitive pools. NECA has over one thousand members that are either ``cost'' or ``average schedule'' companies. Cost companies submit cost studies to NECA; these studies form the basis for the cost companies' settlements with the NECA pools. For average
• http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.wp
  • the Small Business Regulatory Enforcement Act of 1996 (SBREFA), Title II of the Contract with American Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). 29 5 U.S.C. § 605(b). 30 5 U.S.C. § 601(6). 31 5 U.S.C. § 601(4). 32 NECA Governance Order, 12 FCC Rcd at 18444-45. 33 Id. See also 47 C.F.R. §§ 69.601, 69.603. NECA subsequently assumed responsibility for administering the existing universal service fund (47 C.F.R. §§ 69.116, 69.603), the Lifeline Assistance program (47 C.F.R. §§ 69.117, 69.603), the Long Term Support program (47 C.F.R. §§ 69.2(y), 69.612), and the Telecommunications Relay Services fund (47 C.F.R. § 64.604(c)(4)(iii)). 34 NECA Governance Order, 12 FCC Rcd at 18444-45. 7 Regulatory Flexibility Analysis The
• http://transition.fcc.gov/Bureaus/Common_Carrier/Reports/fcc98085.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Reports/fcc98085.wp
  • 47 U.S.C. § 254(c)(3). 6 47 U.S.C. § 254(h)(2)(A). 7 Federal-State Joint Board on Universal Service, Recommended Decision, 12 FCC Rcd 87 (rel. Nov. 8, 1996)(Recommended Decision) at ¶ 833. 8 Id. 9 See generally, MTS and WATS Market Structure, Third Report and Order, CC Docket No. 78-72, Phase I, 93 FCC 2d 241 (1983). See also 47 C.F.R. § 69.601. 10 See generally, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Notice of Proposed Rulemaking and Notice of Inquiry, CC Docket No. 97-21, FCC 97-2 (rel. Jan. 10, 1997), errata, mimeo 71784, CC Docket No. 97-21 (rel. Jan. 15, 1997) at ¶ 3. 11 Recommended Decision at ¶ 833. 3 receive, upon a bona fide
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • Incumbent LEC. The term incumbent local exchange carrier or incumbent LEC shall be defined, in accordance with section 251(h) of the Communications Act, to mean, with respect to an area, that: (i) On February 8, 1996, the LEC provided telephone exchange service in such area and was deemed to be a member of the exchange carrier association pursuant to Sec. 69.601(b) of this chapter; or (ii) Is a person or entity that, on or after February 8, 1996, became a successor or assign of a member described in paragraph (c)(1)(i) of this section; or (iii) Is an entity, or a member of a class or category of entities, that the Commission has determined under section 251(h)(2) of the Communications Act to
• http://transition.fcc.gov/Reports/1934new.pdf http://transition.fcc.gov/Reports/1934new.wp
  • purposes of this section, the term ''incumbent local exchange carrier'' means, with respect to an area, the local exchange carrier that--(A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b)); or (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i). (2) TREATMENT OF COMPARABLE CARRIERS AS INCUMBENTS.--The Communications Act of 1934 96 Commission may, by rule, provide for the treatment of a local exchange carrier (or
• http://transition.fcc.gov/Reports/tcom1996.pdf http://transition.fcc.gov/Reports/tcom1996.txt
  • of this section, the term incumbent local exchange carrier' means, with respect to an area, the local exchange carrier that-- (A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b)); or (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i). (2) TREATMENT OF COMPARABLE CARRIERS AS INCUMBENTS- The Commission may, by rule, provide for the treatment of a local exchange carrier (or class or category thereof)
• http://transition.fcc.gov/eb/Orders/2001/fcc01084.doc http://transition.fcc.gov/eb/Orders/2001/fcc01084.html
  • File No. E-97-03 (filed Oct. 18, 1996) at 12, ¶ 64 (Complaint); Answer at 10, ¶ 64. FN12. Pursuant to the Commission's rules, NECA prepares and files access charge tariffs on behalf of ``all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements.'' 47 C.F.R. § 69.601(a). Each participating company charges the rates appearing in those tariffs, pools its revenues with other participants, and receives an amount equal to its costs and its pro rata share of all earnings. Complaint at 2, 5-6, ¶¶ 4, 7, 23-24. Total and Atlas v. AT&T, 919 F. Supp. at 476, 482. AT&T Brief at 11; Answer at 30, ¶ 6;
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-175A1.html
  • June 6, 2007) ("Joint Statement") at 1, P: 2. Joint Statement at 1-2, P: 4. Joint Statement at 2, P: 5. Joint Statement at 1-2, P: 4. 47 C.F.R. S:S: 69.1-69.2. Complaint at 6, P: 8; Answer of Farmers & Merchants Mutual Telephone Company, File No. EB-07-MD-001 (filed May 29, 2007) ("Answer") at 12, P: 8. See 47 C.F.R. S:S: 69.601-69.612. Complaint at 6-7, P: 9; Answer at 12, P: 9; see 47 C.F.R. S: 69.3(d). Complaint at 6-7, P: 9; Answer at 12, P: 9; see 47 C.F.R. S:S: 69.604, 69.605. See 47 C.F.R. S:S: 69.605, 69.606. 47 C.F.R. S: 69.605(a). Complaint at 6-7, P: 9; Answer at 12, P: 9. See 47 C.F.R. S: 69.606; In the Matter of
• http://wireless.fcc.gov/auctions/17/releases/d980572x.pdf http://wireless.fcc.gov/auctions/17/releases/d980572x.txt http://wireless.fcc.gov/auctions/17/releases/d980572x.wp
  • Incumbent LEC. The term incumbent local exchange carrier or incumbent LEC shall be defined, in accordance with section 251(h) of the Communications Act, to mean, with respect to an area, that: (i) On February 8, 1996, the LEC provided telephone exchange service in such area and was deemed to be a member of the exchange carrier association pursuant to Sec. 69.601(b) of this chapter; or (ii) Is a person or entity that, on or after February 8, 1996, became a successor or assign of a member described in paragraph (c)(1)(i) of this section; or (iii) Is an entity, or a member of a class or category of entities, that the Commission has determined under section 251(h)(2) of the Communications Act to
• http://wireless.fcc.gov/auctions/17/releases/fc970082.pdf http://wireless.fcc.gov/auctions/17/releases/fc970082.txt http://wireless.fcc.gov/auctions/17/releases/fc970082.wp
  • . . the term incumbent local exchange carrier'' means, with respect to an area, the local exchange carrier that -- (A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations . . . ; or (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i); (2) TREATMENT OF COMPARABLE CARRIERS AS INCUMBENTS -- The Commission may, by rule, provide for the treatment of a local exchange carrier (or class or
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • . . the term incumbent local exchange carrier'' means, with respect to an area, the local exchange carrier that -- (A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations . . . ; or (ii) is a person or entity that, on or after such date of enactment, became a CMRS and LMDS in the same BTA would imply no market power. First, there are existing wireline competitors, especially the incumbent LEC and cable television firm, that can provide fixed wireless services. Second, our CMRS
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01008.doc http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01008.txt
  • corporate operation expense recognizing that costs incurred to provide telephone service in Alaska are higher than in the lower 48 states and that it was in the public interest of maintaining affordable rates. Order DA 98-2586 (rel. Dec. 22, 1998). See 47 CFR 61.45(d)(1)(viii). See NECA, Presentation before the Task Force, July 20-21, 2000, Seattle, Washington, available at www.wutc.wa.gov/rtf. Section 69.601 of the Commission's rules, 47 C.F.R. 69.601, requires that all data submissions made to NECA must be accompanied by a certification statement signed by the officer or employee responsible for overall preparation of the data submission. See 47 C.F.R. 69.601 (c) and Safeguards to Improve the Administration of the Interstate Access Tariff and Revenue Distribution Processes, CC Docket No. 93-6,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1996/fcc96325.pdf
  • the definition of a LEC under section 251(h)(1), they are not subject to the duties and obligations imposed on incumbent LECs under section 251(c). An incumbent LEC is defined in section 251(h)(1), and includes only those LECs 2371 that were, on the date of enactment of the 1996 Act, deemed to be members of NECA pursuant to 47 C.F.R. § 69.601(b), or the successor or assign of a NECA member. Similarly, we do not find that CMRS providers satisfy the criteria set forth in section 251(h)(2), which grants the Commission the discretion to, by rule, provide for the treatment of a LEC as an incumbent LEC if certain conditions are met. 2372 B. Reciprocal Compensation Arrangements Under Section 251(b)(5) Federal Communications
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.wp
  • paras 19-21. 169 5 U.S.C. § 605(b). 170 5 U.S.C. §§ 601-611. The Regulatory Flexibility Act, 5 U.S.C. § 601 et seq., was amended by the "Small 171 Business Regulatory Enforcement Fairness Act of 1996" (SBREFA), Subtitle II of the Contract with America Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). See 47 C.F.R. §§ 69.601, 69.603. NECA subsequently assumed responsibility for administering the existing 172 universal service fund (47 C.F.R. §§ 69.116, 69.603), the Lifeline Assistance program (47 C.F.R. §§ 69.117, 69.603), the LTS program (47 C.F.R. §§ 69.2(y), 69.612), and TRS fund (47 C.F.R. § 64.604(c)(4)(iii). 44 affected entities. For this part of the Order, we have prepared a Final Regulatory Flexibility Analysis (FRFA),
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.html http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.wp
  • data for the purpose of calculating the regulatory fees of interstate common carriers, and aggregating such fee payments for submission to the Commission. Id. at para. 67. 41. 47 C.F.R. 54.711(b) 42. See generally 47 C.F.R. 1.1202, 1.203, and 1.1206. 43. 5 U.S.C. 603. 44. 5 U.S.C. 605(b). 45. 5 U.S.C. 601(3). 46. 15 U.S.C. 632(a). 47. See 47 C.F.R. 69.601, 69.603. NECA subsequently assumed responsibility for administering the existing universal service fund (47 C.F.R. 69.116, 69.603), the Lifeline Assistance program (47 C.F.R. 69.117, 69.603), the LTS program (47 C.F.R. 69.2(y), 69.612); and TRS Fund (47 C.F.R. 64.604(c)(4)(iii). 48. 5 U.S.C. 605(b). 49. 47 C.F.R. 1.415, 1.419. 50. Comments and reply comments also must comply with section 1.49 and all other
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.html http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.txt
  • (rel. Sept. 9, 1999). Section 3(26) of the Act defines a local exchange carrier as "[a]ny person that is engaged in the provision of telephone exchange service or exchange access . . . ." 47 U.S.C. § 153(26). Specifically, the Act refers to a LEC that was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations. See 47 U.S.C. §251(h)(1)(B)(i). The referenced association is the National Exchange Carrier Association (NECA), which prepares and files access charge tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements. See 47 C.F.R. § 69.601. Under the Commission's
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99413.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99413.txt
  • specifically defined an incumbent LEC for purposes of section 251. Pursuant to section 251(h), an incumbent local exchange carrier for any area means the local exchange carrier that ``(A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area'' and (B) was a member of NECA, the exchange carrier association under section 69.601(b) of the Commission's regulations, or a successor or assign of such a member. Thus, the relevant inquiry for purposes of determining who is an incumbent LEC pursuant to section 251(c) is whether a carrier provided telephone exchange and exchange access service in a given service area on February 8, 1996. There can be no dispute that US WEST provided both
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001883.doc
  • in NECA tariffs, and would participate in NECA's Common Line and Traffic Sensitive pools. ATEAC states that, if necessary, it would become a cost carrier, an Issuing Carrier in the NECA tariffs, and a participant in NECA's Common Line and Traffic Sensitive pools. Both ATEAC and United-KUC will be eligible to participate in the NECA tariffs and pools under section 69.601 of the Commission's rules. 6. Petitioners state that ATEAC, its stockholders and their subsidiaries and affiliates have no common stock ownership or other corporate affiliations with GTE, GTEA and other GTE subsidiaries and affiliates. They also state that there is no overlap in the respective boards of directors or officers of ATEAC, its stockholders and their subsidiaries and affiliates, on
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002473.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002473.txt
  • Memorandum Opinion and Order, 10 FCC Rcd 1871, 1872 (1995). See 47 C.F.R. § 54.305. See id. See infra discussion at paras. 11-14. See Ex Parte filing of Jordan-Soldier Valley Telephone Company and Alpine Communications, L.C., CC Docket No. 96-45 (filed Sep. 5, 2000) (Ex Parte Filing). Petition at 4-5. See Ex Parte Filing at 2. See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). See MTS and WATS Market Structure: Average Schedule Companies, CC Docket No. 78-72, Memorandum Opinion and Order, 3 FCC Rcd 6642 (1986) (MTS and WATS Order). The Bureau also has observed that cost company conversion to average schedule status may result in higher than reasonable interstate revenue requirements. See NECA's Proposed
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fc00j4a.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fc00j4a.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fc00j4a.txt
  • corporate operation expense recognizing that costs incurred to provide telephone service in Alaska are higher than in the lower 48 states and that it was in the public interest of maintaining affordable rates. Order DA 98-2586 (rel. Dec. 22, 1998). See 47 CFR 61.45(d)(1)(viii). See NECA, Presentation before the Task Force, July 20-21, 2000, Seattle, Washington, available at www.wutc.wa.gov/rtf. Section 69.601 of the Commission's rules, 47 C.F.R. 69.601, requires that all data submissions made to NECA must be accompanied by a certification statement signed by the officer or employee responsible for overall preparation of the data submission. See 47 C.F.R. 69.601 (c) and Safeguards to Improve the Administration of the Interstate Access Tariff and Revenue Distribution Processes, CC Docket No. 93-6,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc000j2.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc000j2.txt
  • specific area if, on the date of enactment of the Act, the carrier provided telephone exchange service in that area and was deemed to be a member of the National Exchange Carrier Association, Inc. (NECA), or if the carrier ``became a successor or assign'' of such a member on or after that date. 47 U.S.C. § 251(h)(1). Pursuant to section 69.601(b) of the Commission's rules, ``[a]ll telephone companies that participate in the distribution of Carrier Common Line revenue requirement, pay long term support to association Common Line tariff participants, or receive payments from the transitional support fund administered by [NECA] shall be deemed to be members.'' 47 C.F.R. § 69.601(b). For purposes of this Recommended Decision, the term ``carriers'' refers to
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010507.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010507.txt
  • (approving the conversion of approximately 285,000 access lines from price cap to rate-of-return regulation). See LEC Price Cap Order at para. 6 (limiting mandatory price cap participation to the eight largest LECs at that time - the seven Bell Operating Companies and General Telephone and Telegraph Company). See Petition at 9. See 47 C.F.R. § 61.45(d). See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). See MTS and WATS Market Structure: Average Schedule Companies, CC Docket No. 78-72, Memorandum Opinion and Order, 3 FCC Rcd 6642 (1986) (MTS and WATS Order). The Bureau also has observed that cost company conversion to average schedule status may result in higher than reasonable interstate revenue requirements. See NECA's Proposed
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011327.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011327.txt
  • F.2d at 1166. See, e.g., U S WEST Communications, Inc., and Eagle Telecommunications, Inc., Petition for Waiver of the Definition of ``Study Area'' Contained in Part 36, Appendix-Glossary of the Commission's Rules, AAD 94-27, Memorandum Opinion and Order, 10 FCC Rcd 1871, 1872 (1995). See Petition at Appendix A. Id. at 5. Id. at Appendix A. See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). See MTS and WATS Market Structure: Average Schedule Companies, CC Docket No. 78-72, Memorandum Opinion and Order, 3 FCC Rcd 6642 (1986) (MTS and WATS Order). See 47 C.F.R. § 69.605(c). See BPS Telephone Co. Petition for Waiver of Section 69.605(c) of the Commission's Rules, AAD No. 95-67, Memorandum Opinion and
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.txt
  • CLEC Safe Harbor Reply Comments at 2; NTCA Safe Harbor Comments at 4-5; BayRing Safe Harbor Comments at 23; BayRing Safe Harbor Reply Comments at 3-4. The National Exchange Carrier Association is a non-stock, not-for-profit association that the FCC established in 1983, inter alia, to administer its Access Charge Plan and the associated pools and tariffs. See 47 C.F.R. §§ 69.601, et seq. NECA files interstate access tariffs for primarily small, rural and high-cost ILECs that participate in its common line or traffic-sensitive pools. NECA has over one thousand members that are either ``cost'' or ``average schedule'' companies. Cost companies submit cost studies to NECA; these studies form the basis for the cost companies' settlements with the NECA pools. For average
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01162.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01162.txt
  • pursuant to § 61.41, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980839.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980839.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980839.wp
  • of this section, the term "incumbent local exchange carrier" means, with respect to an area, the local exchange carrier that-- (A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b)); or (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i). 47 U.S.C. § 251(h). The redacted, public versions of voluntary survey responses filed by nine large incumbent local exchange 9 carriers are posted on the Internet
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.wp
  • the Small Business Regulatory Enforcement Act of 1996 (SBREFA), Title II of the Contract with American Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). 29 5 U.S.C. § 605(b). 30 5 U.S.C. § 601(6). 31 5 U.S.C. § 601(4). 32 NECA Governance Order, 12 FCC Rcd at 18444-45. 33 Id. See also 47 C.F.R. §§ 69.601, 69.603. NECA subsequently assumed responsibility for administering the existing universal service fund (47 C.F.R. §§ 69.116, 69.603), the Lifeline Assistance program (47 C.F.R. §§ 69.117, 69.603), the Long Term Support program (47 C.F.R. §§ 69.2(y), 69.612), and the Telecommunications Relay Services fund (47 C.F.R. § 64.604(c)(4)(iii)). 34 NECA Governance Order, 12 FCC Rcd at 18444-45. 7 Regulatory Flexibility Analysis The
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/fcc98085.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Reports/fcc98085.wp
  • 47 U.S.C. § 254(c)(3). 6 47 U.S.C. § 254(h)(2)(A). 7 Federal-State Joint Board on Universal Service, Recommended Decision, 12 FCC Rcd 87 (rel. Nov. 8, 1996)(Recommended Decision) at ¶ 833. 8 Id. 9 See generally, MTS and WATS Market Structure, Third Report and Order, CC Docket No. 78-72, Phase I, 93 FCC 2d 241 (1983). See also 47 C.F.R. § 69.601. 10 See generally, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Notice of Proposed Rulemaking and Notice of Inquiry, CC Docket No. 97-21, FCC 97-2 (rel. Jan. 10, 1997), errata, mimeo 71784, CC Docket No. 97-21 (rel. Jan. 15, 1997) at ¶ 3. 11 Recommended Decision at ¶ 833. 3 receive, upon a bona fide
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • Incumbent LEC. The term incumbent local exchange carrier or incumbent LEC shall be defined, in accordance with section 251(h) of the Communications Act, to mean, with respect to an area, that: (i) On February 8, 1996, the LEC provided telephone exchange service in such area and was deemed to be a member of the exchange carrier association pursuant to Sec. 69.601(b) of this chapter; or (ii) Is a person or entity that, on or after February 8, 1996, became a successor or assign of a member described in paragraph (c)(1)(i) of this section; or (iii) Is an entity, or a member of a class or category of entities, that the Commission has determined under section 251(h)(2) of the Communications Act to
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980401.html
  • Adopted, on its own motion, Order on Reconsideration of the February 26, 1998 Order granting Wilderness Valley's petition requesting a waiver of section 69.605(c) of the Commission's rules in order to address another specific waiver necessary to allow Wilderness Valley to participate in NECA's average schedule settlements; waived, to the extent discussed, the incumbent LEC requirements of sections 69.2 and 69.601 of the Commission's rules. Action by Chief, Accounting and Audits Division. Adopted: March 31, 1998. by Order on Recon. (DA No. 98-603). CCB Internet URL: [19]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980603.txt TIME WARNER CABLE. Granted appeal and remanded a case involving a local rate order issued by Guilford County, North Carolina. The County used the Commission's rate regulation framework to address technical and content quality
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2005/dd050304.html
  • Barbara P. Chappelle @ (202) 418-0310 [35]DOC-257198A1.pdf [36]DOC-257198A1.txt Released: 03/04/2005. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILING IN PERMIT-BUT-DISCLOSURE PROCEEDINGS (2 OF 2). OMD. Contact: Barbara P. Chappelle @ (202) 418-0310 [37]DOC-257199A1.pdf [38]DOC-257199A1.txt Released: 03/04/2005. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG. WCB. Contact: (202) 418-0270 [39]DOC-257192A1.pdf [40]DOC-257192A1.txt Released: 03/04/2005. BEAVER CREEK COMMUNICATIONS COOPERATIVE PETITION FOR WAIVER OF SECTIONS 69.2 AND 69.601 OF THE COMMISSIONS RULES. (DA No. 05-593). (Dkt No 05-69) Pleading Cycle Established. Comments Due: 03/25/2005. Reply Comments Due: 04/08/2005. WCB. Contact: Randy Clarke at (202) 418-1587 [41]DA-05-593A1.doc [42]DA-05-593A1.pdf [43]DA-05-593A1.txt Released: 03/04/2005. WESTGATE COMMUNICATIONS LLC D/B/A WEAVTEL PETITION FOR WAIVER OF SECTIONS 69.2 AND 69.601 OF THE COMMISSION RULES. (DA No. 05-595). (Dkt No 05-58) Pleading Cycle Established. Comments Due:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2005/dd050428.html
  • March 16, 2005. (Dkt No. 98-237 , 02-380). Action by: Chief, Office of Engineering and Technology. Adopted: 04/28/2005 by ERRATUM. (DA No. 05-1186). OMD [35]DOC-258385A1.doc [36]DOC-258385A1.pdf [37]DOC-258385A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED APRIL 27, 2005, DID NOT APPEAR IN DIGEST NO. 79: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 04/27/2005. ALLBAND COMMUNICATIONS COOPERATIVE PETITION FOR WAIVER OF SECTIONS 69.2(HH) AND 69.601 OF THE COMMISSION RULES. (DA No. 05-1220). (Dkt No 05-174) Pleading Cycle Established. Comments Due: 05/19/2005. Reply Comments Due: 06/02/2005. WCB. Contact: Randy Clarke at (202) 418-1587 [38]DA-05-1220A1.doc [39]DA-05-1220A1.pdf [40]DA-05-1220A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1175A1.doc 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1175A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1175A1.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1159A1.pdf 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1159A1.txt 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258339A2.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258339A1.pdf 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258337A2.txt 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258337A1.pdf 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258449A1.pdf 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258449A1.txt 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258446A1.pdf 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258446A1.txt 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1263A1.doc 15.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2005/dd050811.html
  • ISLAND RADIO, ASSIGNOR AND PACIFIC RADIO GROUP, INC., ASSIGNEE. Granted the applications for consent to assign licenses for KKON(AM), Kealakekua, HI, KLUA(FM), Kailua Kona, HI, KAGB(FM), Waimea, HI, and KPVS(FM) and KAPA(FM), Hilo, HI. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 05-2270). MB [17]DA-05-2270A1.doc [18]DA-05-2270A1.pdf [19]DA-05-2270A1.txt ALLBAND COMMUNICATIONS COOPERATIVE PETITION FOR WAIVER OF SECTIONS 69.2(HH) AND 69.601 OF THE COMMISSION'S RULES. Granted Allband's Request for Waiver. (Dkt No. 05-174). Action by: Chief, Wireline Competition Bureau. Adopted: 08/11/2005 by ORDER. (DA No. 05-2268). WCB [20]DA-05-2268A1.doc [21]DA-05-2268A1.pdf [22]DA-05-2268A1.txt WESTGATE COMMUNICATIONS AND BEAVER CREEK TELEPHONE COMPANY'S REQUESTS FOR WAIVERS OF SECTION 69.2(HH) AND 69.601 OF THE COMMISSION'S RULES. Granted the Petition for Waiver. (Dkt No. 05-69 , 05-58). Action by:
• http://www.fcc.gov/eb/Orders/2001/fcc01084.doc http://www.fcc.gov/eb/Orders/2001/fcc01084.html
  • File No. E-97-03 (filed Oct. 18, 1996) at 12, ¶ 64 (Complaint); Answer at 10, ¶ 64. FN12. Pursuant to the Commission's rules, NECA prepares and files access charge tariffs on behalf of ``all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements.'' 47 C.F.R. § 69.601(a). Each participating company charges the rates appearing in those tariffs, pools its revenues with other participants, and receives an amount equal to its costs and its pro rata share of all earnings. Complaint at 2, 5-6, ¶¶ 4, 7, 23-24. Total and Atlas v. AT&T, 919 F. Supp. at 476, 482. AT&T Brief at 11; Answer at 30, ¶ 6;
• http://www.fcc.gov/eb/Orders/2007/FCC-07-175A1.html
  • June 6, 2007) ("Joint Statement") at 1, P: 2. Joint Statement at 1-2, P: 4. Joint Statement at 2, P: 5. Joint Statement at 1-2, P: 4. 47 C.F.R. S:S: 69.1-69.2. Complaint at 6, P: 8; Answer of Farmers & Merchants Mutual Telephone Company, File No. EB-07-MD-001 (filed May 29, 2007) ("Answer") at 12, P: 8. See 47 C.F.R. S:S: 69.601-69.612. Complaint at 6-7, P: 9; Answer at 12, P: 9; see 47 C.F.R. S: 69.3(d). Complaint at 6-7, P: 9; Answer at 12, P: 9; see 47 C.F.R. S:S: 69.604, 69.605. See 47 C.F.R. S:S: 69.605, 69.606. 47 C.F.R. S: 69.605(a). Complaint at 6-7, P: 9; Answer at 12, P: 9. See 47 C.F.R. S: 69.606; In the Matter of
• http://www.fcc.gov/ogc/documents/opinions/1999/farmers.html http://www.fcc.gov/ogc/documents/opinions/1999/farmers.wp
  • jurisdiction, in effect "raising" its interstate allocator from twenty-five percent to thirty percent. NECA was one of the entities to determine that the five percent limitation operated in perpetuity. NECA is an independent organization established by the FCC for the purpose of preparing and filing access tariffs for member LECs that elect to participate in joint tariffs. See 47 C.F.R. 69.601(a); see also Allnet Communication Serv., Inc. v. NECA, 965 F.2d 1118, 1119 (D.C. Cir. 1992). Although NECA was established by the FCC, its board of directors and membership consist entirely of industry participants, see 47 C.F.R. 69.602, it acts exclusively as an agent for its members, and it has no authority to perform any adjudicatory or governmental functions. See In
• http://www.fcc.gov/ogc/documents/opinions/2001/00-1002.doc http://www.fcc.gov/ogc/documents/opinions/2001/00-1002.html http://www.fcc.gov/ogc/documents/opinions/2001/00-1002.pdf
  • s 153(26) (emphasis added). The concept of incumbency, by contrast, is based purely on history. An incumbent LEC with respect to an area is the local exchange carrier that--(A) on February 8, 1996, provided telephone exchange service in such area; and (B)(i) on February 8, 1996, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b)); or (ii) is a person or entity that, on or after February 8, 1996, became a successor or assign of a member described in clause (i). 47 U.S.C. s 251(h). Qwest argues that the phrase in s 153(26) "is engaged in the provision of" plainly bars the Commission from regulating carriers' DSL-based advanced
• http://www.fcc.gov/ogc/documents/opinions/2001/00-1055.doc http://www.fcc.gov/ogc/documents/opinions/2001/00-1055.html http://www.fcc.gov/ogc/documents/opinions/2001/00-1055.pdf
  • either by filing its own access tariff with the Commission or by accepting compensation under a generally applicable formula adopted by the Commission. In order to effectuate the latter option, the Commission established an independent organization, the NECA, "to prepare and file access charge tariffs on behalf of all telephone companies that do not file separate tariffs." 47 C.F.R. § 69.601(a). Among those non-filers (called average schedule companies), any company whose local loop costs are 115% or more of the national average may receive additional compensation from the Commission, paid out of the Universal Service Fund pursuant to a set formula. 47 C.F.R. § 36.631. In October 1998 the NECA proposed a formula for calculating the USF payments to be made
• http://www.fcc.gov/wcb/ppd/2005archive.html
  • numbers geographically outside of rate centers during this period of service disruption. (Dkt No. 95-116 , 99-200). [62][Word] [63][Acrobat] 8/22/2005 Public Notice:Qwest Corporation Petition For Waiver Of Depreciation Regulation. (Dkt No 05-259) Pleading Cycle Established. Comments Due: 09/21/2005. Reply Comments Due: 10/06/2005. [64][Word] [65][Acrobat] 8/11/2005 Order: Westgate Communications And Beaver Creek Telephone Company's Requests For Waiver Of Sections 69.2(HH) And 69.601 Of The Commission's Rules. Granted the Petition for Waiver. (Dkt No. 05-69 , 05-58). [66][Word] [67][Acrobat] 8/11/2005 Order: Allband Communications Cooperative Petition For Waiver Of Sections 69.2(HH) And 69.601 Of The Commission's Rules. Granted Allband's Request for Waiver. (Dkt No. 05-174). [68][Word] [69][Acrobat] 8/8/2005 Public Notice:SBC Files Cost Allocation Manual Revision. (DA No. 05-2261). Comments Due: 09/06/2005. Reply Comments Due:
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.pdf
  • June 6, 2007) (``Joint Statement'') at 1, ¶ 2. Joint Statement at 1-2, ¶ 4. Joint Statement at 2, ¶ 5. Joint Statement at 1-2, ¶ 4. 47 C.F.R. §§ 69.1-69.2. Complaint at 6, ¶ 8; Answer of Farmers & Merchants Mutual Telephone Company, File No. EB-07-MD-001 (filed May 29, 2007) (``Answer'') at 12, ¶ 8. See 47 C.F.R. §§ 69.601-69.612. Complaint at 6-7, ¶ 9; Answer at 12, ¶ 9; see 47 C.F.R. § 69.3(d). Complaint at 6-7, ¶ 9; Answer at 12, ¶ 9; see 47 C.F.R. §§ 69.604, 69.605. See 47 C.F.R. §§ 69.605, 69.606. 47 C.F.R. § 69.605(a). Complaint at 6-7, ¶ 9; Answer at 12, ¶ 9. See 47 C.F.R. § 69.606; In the Matter of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2473A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2473A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-2473A1.txt
  • Memorandum Opinion and Order, 10 FCC Rcd 1871, 1872 (1995). See 47 C.F.R. § 54.305. See id. See infra discussion at paras. 11-14. See Ex Parte filing of Jordan-Soldier Valley Telephone Company and Alpine Communications, L.C., CC Docket No. 96-45 (filed Sep. 5, 2000) (Ex Parte Filing). Petition at 4-5. See Ex Parte Filing at 2. See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). See MTS and WATS Market Structure: Average Schedule Companies, CC Docket No. 78-72, Memorandum Opinion and Order, 3 FCC Rcd 6642 (1986) (MTS and WATS Order). The Bureau also has observed that cost company conversion to average schedule status may result in higher than reasonable interstate revenue requirements. See NECA's Proposed
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  • F.2d at 1166. See, e.g., U S WEST Communications, Inc., and Eagle Telecommunications, Inc., Petition for Waiver of the Definition of ``Study Area'' Contained in Part 36, Appendix-Glossary of the Commission's Rules, AAD 94-27, Memorandum Opinion and Order, 10 FCC Rcd 1871, 1872 (1995). See Petition at Appendix A. Id. at 5. Id. at Appendix A. See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). See MTS and WATS Market Structure: Average Schedule Companies, CC Docket No. 78-72, Memorandum Opinion and Order, 3 FCC Rcd 6642 (1986) (MTS and WATS Order). See 47 C.F.R. § 69.605(c). See BPS Telephone Co. Petition for Waiver of Section 69.605(c) of the Commission's Rules, AAD No. 95-67, Memorandum Opinion and
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  • (approving the conversion of approximately 285,000 access lines from price cap to rate-of-return regulation). See LEC Price Cap Order at para. 6 (limiting mandatory price cap participation to the eight largest LECs at that time - the seven Bell Operating Companies and General Telephone and Telegraph Company). See Petition at 9. See 47 C.F.R. § 61.45(d). See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). See MTS and WATS Market Structure: Average Schedule Companies, CC Docket No. 78-72, Memorandum Opinion and Order, 3 FCC Rcd 6642 (1986) (MTS and WATS Order). The Bureau also has observed that cost company conversion to average schedule status may result in higher than reasonable interstate revenue requirements. See NECA's Proposed
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  • Bur. 1993) (approving the conversion of approximately 285,000 access lines from price cap to rate-of-return regulation). See LEC Price Cap Order, para. 6 (limiting mandatory price cap participation to the eight largest LECs at that time - the seven Bell Operating Companies and GTE). See Petition at 8. Id. at 4. See 47 C.F.R. § 61.45(d). See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average schedule company to a cost company, but a carrier must obtain a waiver of section 69.605(c) to change from a cost company to an average schedule company. See 47 C.F.R. § 69.605(c). See Petition of Waiver Filed by
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  • 36, Appendix-Glossary of the Commission's Rules, Memorandum Opinion and Order, 12 FCC Rcd 13329, 13336 (1997); GTE North, Inc. and PTI Communications of Michigan, Inc., Petition for Waiver of Sections 61.41(c) and the Definition of ``Study Area'' Contained in Part 36, Appendix-Glossary of the Commission's Rules, Memorandum Opinion and Order, 12 FCC Rcd 13882, 13888 (1997). See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-69.612 See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average schedule company to a cost company, but a carrier must obtain a waiver of section 69.605(c) to change from a cost company to an average schedule company. See 47 C.F.R. § 69.605(c). See MTS and WATS Market Structure:
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  • 69.3(e)(11). See Amendment of Part 69 of the Commission's Rules Relating to the Common Line Pool Status of Local Exchange Carriers Involved in Mergers or Acquisitions, CC Docket No. 89-2, Report and Order, 5 FCC Rcd 231, 248 (1989). See 47 C.F.R. § 69.3(a). See Joint Petition at 11. Id. See NECA Comments at 5. Id. See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average schedule company to a cost company, but a carrier must obtain a waiver of the definition of ``average schedule company'' in section 69.605(c) to change from a cost company to an average schedule company. See 47 C.F.R. §
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  • would be moved to Part 69, and rules associated with price cap regulations would be placed under a new part of the rules. USTA argues that all incumbent LECs should be permitted to file contract-based tariffs. Western Alliance, NECA and the Organization for the Promotion and Advancement of Small Telecommunications Companies (OPASTCO), urge the Commission to revise or clarify section 69.601(c) to minimize the number of certifications required from local exchange carriers for submission and collection of the same interstate common line support (ICLS) data already submitted to NECA pursuant to section 54.903(a) of the rules on behalf of pooling companies. Western Alliance and OPASTCO note that while in the MAG Order the Commission rejected the idea of relying upon NECA
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  • of Service, Amending Certificate, Granting Partial Transfer of Certificate, Approving Tariff, and Granting Waiver, Docket Nos. SPU-03-6, TF-03-132, WRU-03-57-478 (Iowa Utilities Bd. Sept. 12, 2003) (finding, among other things, that Killduff Telephone has demonstrated that it has the necessary technical, financial, and managerial abilities to provide local exchange service)). Joint Petition at 6. Id. Id. Id. See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-69.610. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average schedule company to a cost company, but a carrier must obtain a waiver of the definition of ``average schedule company'' in section 69.605(c) to change from a cost company to an average schedule company. See 47 C.F.R. §
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  • 47 U.S.C. § 201(b). Entrance facilities generally refer to the incumbent local exchange carrier (LEC) transmission facilities that carry switched interstate traffic between an interexchange carrier's point of presence (POP) and the incumbent LEC end-office that serves the POP. See 47 C.F.R. § 69.110. See NECA Tariff F.C.C. No. 5, § 6.1.3(A)(1), 3rd Revised Page 6-8.1. 47 C.F.R. §§ 69.3, 69.601. 47 C.F.R. § 61.38; 47 C.F.R. §§ 69.601-610. NECA members participate in revenue pooling as either ``cost companies'' or ``average schedule'' companies. 47 C.F.R. §§ 69.605-606. Cost companies receive pool revenues for interstate access services based on their actual interstate investment and expenses, calculated each year from cost studies. 47 C.F.R. § 69.605. The pool revenues of average schedule companies
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  • See Petition at 6. See also supra n.2. We note that the MPUC approved Sioux Valley's sale of the East Valley Springs exchange to Hills. See Letter from Burl W. Haar, Executive Secretary, Minnesota Public Utilities Commission, to Brian J. Donahoe, Cutler & Donahoe, LLP, MPUC Docket No. P533/562/PA-04-447 (May 26, 2004). See Petition at 7. See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). Average schedule companies may also receive universal service support pursuant to average schedule formulas. See, e.g., National Exchange Carrier Association, Inc. Proposed 2004 Modification of Average Schedule Formulas, CC Docket 96-45, Order, 18 FCC Rcd 26619 (WCB 2003). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-1220 Released: April 27, 2005 ALLBAND COMMUNICATIONS COOPERATIVE PETITION FOR WAIVER OF SECTIONS 69.2(hh) AND 69.601 OF THE COMMISSIONS RULES PLEADING CYCLE ESTABLISHED WC Docket No. 05-174 COMMENTS: May 19, 2005 REPLY COMMENTS: June 2, 2005 By this Public Notice, we seek comment on a petition filed on April 7, 2005 by Allband Communications Cooperative (Allband) requesting waiver of Sections 69.2(hh) and 69.601 of the Commission's rules. Allband intends to provide local exchange service to a
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  • element. Legal Basis: 47 U.S.C. 154, 220. Section Number and Title: 69.407(c) Revenue accounting expenses in Account 6620. SUBPART G -- EXCHANGE CARRIER ASSOCIATION Brief Description: The part 69 rules also provide for the establishment and operation of the National Exchange Carrier Association (NECA), which files tariffs on behalf of many of the smaller, rate-of-return local exchange carriers. Need: Section 69.601(c) was adopted to ensure that data provided by the member telephone companies to NECA are complete, accurate, and consistent with FCC rules. Legal Basis: 47 U.S.C. 154, 201, 202, 203, 205, 218, 403. Section Number and Title: 69.601(c) Exchange carrier association. PART 73 -- RADIO BROADCAST SERVICES SUBPART H -- RULES APPLICABLE TO ALL BROADCAST STATIONS Brief Description: These rules
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  • at 2. AT&T Reply at 6. KCC Comments at 3. 47 U.S.C. §§ 251, 252. Section 251(h)(1) of the Act defines ``incumbent local exchange carrier'' as a LEC that, on February 8, 1996, provided telephone exchange service to a particular area and either (a) was deemed to be a member of the exchange carrier association, pursuant to 47 C.F.R. § 69.601(b) on February 8, 1996; or (b) is a person or entity that, after February 8, 1996, became a successor or assign of a member of the exchange carrier association, pursuant to 47 C.F.R. § 69.601(b). See 47 U.S.C. § 251(h)(1). Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers, Implementation of the Local Competition Provisions of the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit À À À Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Allband Communications Cooperative Petition for Waiver of Sections 69.2(hh) and 69.601 of the Commission's Rules ) ) ) ) ) WC Docket No. 05-174 Adopted: August 11, 2005 Released: August 11, 2005 By the Chief, Wireline Competition Bureau: introduction In this Order, we grant the request of Allband Communications Cooperative (Allband) for waiver of sections 69.2(hh) and 69.601 of the Commission's rules. We also grant Allband waivers of the definition of
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit À À À Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Westgate Communications LLC d/b/a WeavTel Petition for Waiver of Sections 69.2(hh) and 69.601 of the Commission's Rules Beaver Creek Telephone Company Petition for Waiver of Sections 69.2(hh) and 69.601 of the Commission's Rules ) ) ) ) ) ) ) ) ) WC Docket No. 05-58 WC Docket No. 05-69 Adopted: August 11, 2005 Released: August 11, 2005 By the Chief, Wireline Competition Bureau: introduction In this Order, we grant the requests of
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  • 3. See Utah Commission Order at 10. See 47 U.S.C. §§ 153(47), 214(e)(2); Utah Commission Order at 13-14 See Waiver Petition at 6. Telecommunications Act of 1996, Pub. L. No. 104-104. 110 Stat. 56 (1996) (1996 Act). The 1996 Act amended the Communications Act of 1934 (Communications Act or Act). 47 U.S.C. §§ 151 et seq. See 47 C.F.R. § 69.601. 47 C.F.R. § 69.2(hh). See 47 U.S.C. § 251(h)(1). For example, section 36.611 of the Commission's rules governs the submission of data to NECA for purposes of calculating high-cost support and only applies to incumbent LECs. Competitive ETCs file line count data and their support is calculated pursuant to section 54.307 of the Commission's rules. See 47 C.F.R. §§ 36.611,
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  • (filed April 8, 2005). See In Re: Sully Telephone Association Inc., and Reasnor Telephone Company, LLC, Order Approving Joint Application for Discontinuance of Service, Amending Certificate, Granting Partial Transfer of Certificate, Approving Tariff, and Granting Waiver, State of Iowa, Department of Commerce, Utilities Board, Docket Nos. SPU-04-21, TF-04-255, WRU-04-37-3775 (September 2, 2004). See Petition at 6. See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-.612. See 47 C.F.R. § 69.606(a). Average schedule companies may also receive universal service support pursuant to average schedule formulas. See, e.g., National Exchange Carrier Association, Inc. Proposed 2004 Modification of Average Schedule Formulas, CC Docket 96-45, Order, 18 FCC Rcd 26619 (WCB 2003). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average
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  • certification that all ICLS support provided to Adak Telephone will be used only for the provision and maintenance, and upgrading of facilities and services for which the support is intended. 47 C.F.R. §§ 54.903, 54.904. See Petition at 15. Id. at 17 Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996) (1996 Act). See 47 C.F.R. § 69.601. 47 C.F.R. § 69.2(hh). See 47 U.S.C. § 251(h)(1). For example, section 36.611 of the Commission's rules governs the submission of data to NECA for purposes of calculating high-cost support and only applies to incumbent LECs. Competitive ETCs file line count data and their support is calculated pursuant to section 54.307 of the Commission's rules. See 47 C.F.R. §§ 36.611,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-593 Released: March 4, 2005 BEAVER CREEK COMMUNICATIONS COOPERATIVE PETITION FOR WAIVER OF SECTIONS 69.2 AND 69.601 OF THE COMMISSIONS RULES PLEADING CYCLE ESTABLISHED WC Docket No. 05-69 COMMENTS: March 25, 2005 REPLY COMMENTS: April 8, 2005 By this Public Notice, we seek comment on a petition filed on December 8, 2004 by Beaver Creek Telephone Company (Beaver Creek) requesting waiver of Sections 69.2(hh) and 69.601 of the Commission's rules. Beaver Creek is a new local exchange
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-595 Released: March 4, 2005 WESTGATE COMMUNICATIONS LLC d/b/a WEAVTEL PETITION FOR WAIVER OF SECTIONS 69.2 AND 69.601 OF THE COMMISSIONS RULES PLEADING CYCLE ESTABLISHED WC Docket No. 05-58 COMMENTS: March 25, 2005 REPLY COMMENTS: April 8, 2005 By this Public Notice, we seek comment on a petition filed on August 18, 2004 by Westgate Communications LLC d/b/a WeavTel (WeavTel) requesting waiver of Sections 69.2(hh) and 69.601 of the Commission's rules. WeavTel is a new local exchange carrier
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  • LECs, do not specifically address companies, such as Sacred Wind, that come into existence after the enactment of the Telecommunications Act of 1996. In order to be a member of NECA and to participate in the NECA tariffs and pools, a carrier must be a ``telephone company,'' as defined in Part 69 of the Commission's rules. See 47 C.F.R. § 69.601. 47 C.F.R. § 69.2(hh). See 47 U.S.C. § 251(h)(1). For purposes of calculating universal service support, Part 36 of the Commission's rules applies to incumbent LECs, and Part 54 of the Commission's rules distinguishes between incumbent LECs and competitive ETCs. For example, section 36.611 of the Commission's rules governs the submission of data to NECA for purposes of calculating high-cost
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  • or Acquisitions, CC Docket No. 89-2, Report and Order, 5 FCC Rcd 231, 248 (1989). See 47 C.F.R. § 69.3(a). See Supplemental Petition at 2-3. Id. at 3. See Letter from Tracey E.J. Saltenberger, NECA, to Marlene H. Dortch, Secretary, Federal Communications Commission, CC Docket No. 96-45 (January 3, 2007) (NECA Letter). . See NECA Letter. See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-69.611. See 47 C.F.R. §§ 69.301-69.611. Id. See 47 C.F.R. § 69.606(a). Average schedule companies may also receive universal service support pursuant to average schedule formulas. See, e.g., National Exchange Carrier Association, Inc. Proposed 2004 Modification of Average Schedule Formulas, CC Docket 96-45, Order, 18 FCC Rcd 26619 (WCB 2003). 47 C.F.R. § 69.605(c). An incumbent
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  • first customer. Allband further requests that the Commission grant on its own motion any additional waivers of the Commission's rules necessary to expedite Allband's receipt of all federal universal service support and participation in National Exchange Carrier Association (NECA) pools. On August 11, 2005, the Wireline Competition Bureau (Bureau) granted a request from Allband for waiver of sections 69.2(hh) and 69.601 of the Commission's rules to allow Allband to participate in NECA tariffs and pools. In addition, the Bureau granted Allband waivers of the definition of incumbent local exchange carrier in Part 36 and section 54.5 of the Commission's rules to the limited extent necessary to permit Allband to receive universal service support based on its own costs. The Bureau also
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  • contact Gary Seigel, Telecommunications Access Policy Division, Wireline Competition Bureau, at (202) 418-7400 or TTY (202) 418-0484. - FCC - Osirus Communications, Inc., Petition for Waivers of the Commission's Rules to Participate in NECA Pools and Tariffs and to Obtain Accelerated USF Support, CC Docket No. 96-45 (filed Oct. 2, 2007) (Petition). Specifically, Osirus seeks a waiver of sections 69.2(hh), 69.601, and 69.3(e) to allow Osirus to become a member of NECA and to immediately participate in NECA pools; sections 36.611 and 36.612 to allow accelerated high-cost loop support; the July 1, 2007 and October 1, 2007 state certification deadlines set forth in section 54.314(d); and data filing deadlines set forth in sections 54.301(b) and 54.903(a). 47 C.F.R. §§ 69.2(hh), 69.601,
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  • See AT&T Reply at 8-9. See Verizon Reply at 6. 47 U.S.C. §§ 251, 252. Section 251(h)(1) of the Act defines ``incumbent local exchange carrier'' as a LEC that, on February 8, 1996, provided telephone exchange service to a particular area and either (a) was deemed to be a member of the exchange carrier association, pursuant to 47 C.F.R. § 69.601(b) on February 8, 1996; or (b) is a person or entity that, after February 8, 1996, became a successor or assign of a member of the exchange carrier association, pursuant to 47 C.F.R. § 69.601(b). See 47 U.S.C. § 251(h)(1). Petition of Qwest Corporation for Forbearance Pursuant to 47 U.S.C. § 160(c) in the Omaha Metropolitan Statistical Area, WC Docket
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  • 22, 2009 On April 1, 2009, DTS of CA, Inc. (DTS) filed a petition for waiver of the Commission's rules to allow it to participate in the National Exchange Carrier Association (NECA) pools and tariffs and to obtain accelerated universal service support. First, DTS seeks a waiver of the definition of ``incumbent local exchange carrier'' in sections 54.5, 69.2(hh), and 69.601 of the Commission's rules, and of the annual election filing deadline in section 69.3(e)(6) of the Commission's rules, to allow DTS to become a member of NECA and to immediately participate in NECA pools and tariffs. Second, DTS seeks a waiver of sections 36.611 and 36.612 of the Commission's rules to allow DTS to receive universal service high-cost loop support
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  • Date: August 20, 2009 Reply Comment Date: September 4, 2009 On April 20, 2009, Huron Mountain Communications Co. (Huron) filed a petition for waiver of the Commission's rules to participate in the National Exchange Carrier Association (NECA) pools and to obtain accelerated universal service support. Specifically, Huron requests: 1) waiver of the definition of ``telephone company'' in sections 69.2(hh) and 69.601 of the Commission's rules, and of the annual election filing deadline in section 69.3(e)(6) of the Commission's rules to allow Huron to become a member of NECA and to immediately participate in NECA pools and tariffs; 2) a declaratory ruling that a waiver of the definition of ``study area'' in the Appendix-Glossary of Part 36 of the Commission's rules is
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  • Universal Service High Cost Loop Support Formula, WC Docket No. 05-337, page 4 (filed Aug. 27, 2009); National Exchange Carrier Association, Inc. and Universal Administrative Company 2010 Modification of Average Schedule Universal Service Formulas, CC Docket No. 05-337, Order, 24 FCC Rcd 14748 (Wireline Comp. Bur. 2009) (approving the average schedule high-cost loop formula for 2010). See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average schedule company to a cost company, but a carrier must obtain a waiver of the definition of ``average schedule company'' in section 69.605(c) to change from a cost company to an average schedule company. See 47 C.F.R. §
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  • for cost-recovery of amounts that otherwise should be recovered through universal service support in a manner consistent with Commission policy and practice. Finally, Direct states that the relief sought has been granted by the Commission to other carriers in similar circumstances. Allband Petition for Waiver On April 7, 2005, Allband filed a petition requesting a waiver of sections 69.2(hh) and 69.601 of the Commission's rules to allow it to join NECA and to participate in NECA tariffs and pools. Allband also requested a waiver of certification and data filing deadlines contained in Part 54 of the Commission's rules that would prevent it from receiving universal service high-cost loop, local switching, and interstate common line support ``on the date on which it
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  • to telecommunications carriers and local exchange carriers. See 47 U.S.C. § 251(c). NECA is an association, established by the Commission, for all ``telephone companies that participate in the distribution of Carrier Common Line revenue requirement, pay long term support to association Common Line tariff participants, or receive payments from the transitional support fund administered by the association.'' 47 C.F.R. § 69.601(b). The association was established ``in order to prepare and file access charge tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements.'' 47 C.F.R. § 69.601(a). 47 U.S.C. § 251(h)(2); see also Implementation of the Local Competition Provisions in the Telecommunications Act
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  • Bureau in ECFS Proceeding #ECFS Link EDOCS Link Date CreatedFilingsLast FilingSubject WC 05-56 View 05-56 edocs: 05-56 2/11/2005 75/12/2005Joint Appplication of Global Crossing Telecommunications, Inc. and Westcom Corp. for Transfer of Control of Certain Domestic and International Lines. WC 05-58 View 05-58 edocs: 05-58 2/11/2005 68/11/2005In re Petition of WestGate Commnications LLC d/b/a Weavtel for Waiver of Section 69.2(hh) and 69.601 of the Commission's to Allow New Local Exchange Carrier to Participate in National Exchange Carrier Association Tariffs and Pools. .. WC 05-64 View 05-64 edocs: 05-64 2/15/2005 42/28/2005In the Matter of MercedNet, Inc. Section 63.71 Application to Domestic Non-Dominant Telecommunications Services in the Merced, California Basic Trading Area. .. WC 05-69 View 05-69 edocs: 05-69 2/17/2005 38/11/2005In re Petition of
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  • CLEC Safe Harbor Reply Comments at 2; NTCA Safe Harbor Comments at 4-5; BayRing Safe Harbor Comments at 23; BayRing Safe Harbor Reply Comments at 3-4. The National Exchange Carrier Association is a non-stock, not-for-profit association that the FCC established in 1983, inter alia, to administer its Access Charge Plan and the associated pools and tariffs. See 47 C.F.R. §§ 69.601, et seq. NECA files interstate access tariffs for primarily small, rural and high-cost ILECs that participate in its common line or traffic-sensitive pools. NECA has over one thousand members that are either ``cost'' or ``average schedule'' companies. Cost companies submit cost studies to NECA; these studies form the basis for the cost companies' settlements with the NECA pools. For average
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  • pursuant to § 61.41, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
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  • 403 this NOTICE OF PROPOSED RULEMAKING is hereby ADOPTED. IT IS FURTHER ORDERED that the Commission's Consumer Information Bureau, Reference Information Center, SHALL SEND a copy of this NOTICE OF PROPOSED RULEMAKING, including the Initial Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary See 47 C.F.R. § 69.601 et seq. Id. Section 11 of the Communications Act of 1934, as amended (Act), and section 202(h) of the Telecommunications Act of 1996, collectively require the Commission to review biennially its regulations that pertain to telecommunications service providers and to determine whether those regulations are no longer necessary in the public interest as a result of meaningful economic competition. See
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  • of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket Nos. 00-256, 96-45, 98-77, 98-166, 16 FCC Rcd 460 (2001) (setting forth an interstate access reform and universal service support proposal for incumbent LECs subject to rate-of-return regulation, which is designed to be implemented over a five-year period). See 47 C.F.R. § 69.606. See generally 47 C.F.R. § 69.601 et seq. 47 U.S.C. § 254(g). LEC Classification Order, 12 FCC Rcd at 15793-94, paras. 65-66. See, e.g., Applications of Ameritech Corp., Transferor, and SBC Communications, Inc., Transferee, For Consent to Transfer Control of Corporations Holding Commission Licenses and Lines Pursuant to Sections 214 and 310(d) of the Communications Act and Parts 5, 22, 24, 25, 63, 90, 95, and
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  • specific area if, on the date of enactment of the Act, the carrier provided telephone exchange service in that area and was deemed to be a member of the National Exchange Carrier Association, Inc. (NECA), or if the carrier ``became a successor or assign'' of such a member on or after that date. 47 U.S.C. § 251(h)(1). Pursuant to section 69.601(b) of the Commission's rules, ``[a]ll telephone companies that participate in the distribution of Carrier Common Line revenue requirement, pay long term support to association Common Line tariff participants, or receive payments from the transitional support fund administered by [NECA] shall be deemed to be members.'' 47 C.F.R. § 69.601(b). Competitive local exchange carriers (CLECs) are not subject to the requirements
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  • File No. E-97-03 (filed Oct. 18, 1996) at 12, ¶ 64 (Complaint); Answer at 10, ¶ 64. FN12. Pursuant to the Commission's rules, NECA prepares and files access charge tariffs on behalf of ``all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements.'' 47 C.F.R. § 69.601(a). Each participating company charges the rates appearing in those tariffs, pools its revenues with other participants, and receives an amount equal to its costs and its pro rata share of all earnings. Complaint at 2, 5-6, ¶¶ 4, 7, 23-24. Total and Atlas v. AT&T, 919 F. Supp. at 476, 482. AT&T Brief at 11; Answer at 30, ¶ 6;
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  • 47 U.S.C. § 201(b). 47 U.S.C. §§ 204 and 205. NECA files two separate tariffs for interstate access services -- one for common line services and the other for traffic-sensitive services -- for many smaller rate-of-return LECs. Rates in each tariff are based on the cost and demand of the LECs participating in the particular tariff. See generally 47 C.F.R. 69.601 et seq. 47 C.F.R. § 69.3. ATU Tariff Transmittal No. 108, D&J, at 14 (June 16, 2000). 2000 Annual Access Filings, CC Docket No. 00-122, Memorandum Opinion and Order, 15 FCC Rcd 11741 (Competitive Pricing Division, released June 30, 2000). See ACS Transmittal No. 1, dated Sept. 26, 2000, effective Oct. 11, 2000. Under Transmittal No. 1, ACS cancelled ATU's
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  • competition between providers of such service.'' See MTS and WATS Market Structure, CC Docket No. 78-72, Phase I, Third Report and Order, 93 FCC 2d 241, 333-34 (1983). NECA prepares and files access charge tariffs on behalf of telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company. 47 C.F.R. § 69.601. Incumbent local exchange carriers that participate in NECA's pools collect access charges from interexchange carriers at the rates contained in the access tariffs filed by NECA. Id. Each pool participant receives settlements from the pools to recover the cost of providing service plus a pro-rata share of the pool's earnings. See 47 C.F.R. §§ 69.601-69.612. See also Comments of National
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  • of this section, the term "incumbent local exchange carrier" means, with respect to an area, the local exchange carrier that--- (A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b);150 or (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i). (2) Treatment of Comparable Carriers as Incumbents.---The Commission may, by rule, provide for the treatment of a local exchange carrier (or class or category thereof) as
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  • of the Communications Act: ``the term `incumbent local exchange carrier' means, with respect to an area, the local exchange carrier that-(A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b)...; or (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i).'' In a separate petition for reconsideration filed March 8, 2002, SBC requests that the Commission amend the definition of ILEC contained in section 32.11 of its rules by specifying that the rule does
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  • Rcd 15499, 15506, para. 4 (1996) (Local Competition First Report and Order). NECA is an association, established by Commission rule, for all ``telephone companies that participate in the distribution of Carrier Common Line revenue requirement, pay long term support to association Common Line tariff participants, or receive payments from the transitional support fund administered by the association.'' 47 C.F.R. § 69.601(b). The association was established ``in order to prepare and file access tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another company for all access elements.'' 47 C.F.R. § 69.601(a). 47 U.S.C. § 251(h)(1). Incumbent LECs are subject not only to the requirements of sections 251(a) and (b),
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  • sixty (60) days of the release of this Order the report described in paragraphs 28-32. IT IS FURTHER ORDERED that the National Exchange Carrier Association, Inc., SHALL FILE revised September Form 492 Reports in accordance with the requirements of paragraph 27. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. § 208. 47 U.S.C. § 204(a). 47 C.F.R. §§ 69.3, 69.601. 47 C.F.R. § 61.38; 47 C.F.R. §§ 69.601-610. NECA members participate in revenue pooling as either ``cost companies'' or ``average schedule'' companies. 47 C.F.R. §§ 69.605-606. Cost companies receive pool revenues for interstate access services based on their actual interstate investment and expenses, calculated each year from cost studies. 47 C.F.R. § 69.605. The pool revenues of average schedule companies
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  • Rcd at 5057. See also 47 U.S.C. § 254(b). See Skyline Telephone July 2003 Letter. Although we dismiss as moot Skyline Telephone's request for accelerated support for prior periods of service, Skyline Telephone shall be eligible to receive high-cost universal service support as of January 1, 2004, notwithstanding the filing deadlines in sections 36.611 and 36.612. See 47 C.F.R. § 69.601. 47 C.F.R. § 69.2(hh). ; see also 47 C.F.R. § 36.611. See 47 U.S.C. § 251(h)(1). Id. See Petition at 2-3. See Washington Commission Oct. 7 Letter. . See First Report and Order, 12 FCC Rcd at 9315-16 (amending section 36.611 of the Commission's rules). See 47 C.F.R. §§ 36.611, 54.301, 54.303, and 69.2(hh). Petition at 11. See 47 U.S.C.
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  • 94-1, 91-213, 95-72, 13 FCC Rcd 5318, 5482, ¶ 297 (1997) (``Fourth Reconsideration Order''); 47 C.F.R. § 54.708. NECA is an association of incumbent local exchange carriers (``LECs'') established by the Commission to administer interstate access tariffs for companies that do not file separate tariffs and to collect and distribute access charge revenues for those companies. See 47 C.F.R. §§ 69.601, 69.603. The NECA Board of Directors is ``prohibited from participating in the functions of the [universal service fund] Administrator.'' 47 C.F.R. § 54.703(a). See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in
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  • to other telecommunications carriers. 47 U.S.C. §§ 251(c)(1), (2), (3) & (4). NECA is an association, established by Commission rule, for all ``telephone companies that participate in the distribution of Carrier Common Line revenue requirement, pay long term support to association Common Line tariff participants, or receive payments from the transitional support fund administered by the association.'' 47 C.F.R. § 69.601(b). The association was established ``in order to prepare and file access tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another company for all access elements.'' 47 C.F.R. § 69.601(a). 47 U.S.C. § 251(h)(1). 47 U.S.C. § 251(h)(2); see also section 51.223 of the Commission's rules, 47 C.F.R.
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  • from Richard A. Askoff, Deputy General Counsel, NECA, to David Cosson, Kraskin, Moorman & Cosson, LLC (dated July 16, 2004) (NECA July Letter). See NECA February Letter at 1. See NECA July Letter at 1. See Petition at 15. Our finding will not become effective until Heart of Iowa's competitive LEC lines become incumbent LEC lines. See 47 C.F.R. § 69.601. See 47 C.F.R. §§ 69.601-.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). An incumbent LEC may convert from an average schedule company to a cost company, but a carrier must obtain a waiver of the definition of ``average schedule company'' in section 69.605(c) to change from a cost company to an average schedule company. See 47 C.F.R. §
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  • June 6, 2007) (``Joint Statement'') at 1, ¶ 2. Joint Statement at 1-2, ¶ 4. Joint Statement at 2, ¶ 5. Joint Statement at 1-2, ¶ 4. 47 C.F.R. §§ 69.1-69.2. Complaint at 6, ¶ 8; Answer of Farmers & Merchants Mutual Telephone Company, File No. EB-07-MD-001 (filed May 29, 2007) (``Answer'') at 12, ¶ 8. See 47 C.F.R. §§ 69.601-69.612. Complaint at 6-7, ¶ 9; Answer at 12, ¶ 9; see 47 C.F.R. § 69.3(d). Complaint at 6-7, ¶ 9; Answer at 12, ¶ 9; see 47 C.F.R. §§ 69.604, 69.605. See 47 C.F.R. §§ 69.605, 69.606. 47 C.F.R. § 69.605(a). Complaint at 6-7, ¶ 9; Answer at 12, ¶ 9. See 47 C.F.R. § 69.606; In the Matter of
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  • C.F.R. § 36.611 Submission of information to the National Exchange Carrier Association (NECA). For example, all incumbent local exchange carriers are required to submit certain investment and expense data, including line count information, to NECA by July 31 of each year; nonrural incumbent carriers must file their line count information with NECA quarterly as well. NECA is governed by sections 69.601-69.610. See 47 C.F.R. §§ 69.601-69.610. Comments of Universal Service Administrative Company at 51-52 in response to Comprehensive Review of Universal Service Fund Management, Administration, and Oversight, WC Docket No. 05-195, Notice of Proposed Rulemaking and Further Notice of Proposed Rulemaking, 20 FCC Rcd 11308 (2005) (filed Oct. 18, 2005) Federal-State Joint Board on Universal Service Lifeline and Link-Up, WC Docket
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  • of certain equipment belonging to other telecommunications carriers. 47 U.S.C. § 251(c)(1)-(6). NECA is an association, established by the Commission, for all ``telephone companies that participate in the distribution of Carrier Common Line revenue requirement, pay long term support to association Common Line tariff participants, or receive payments from the transitional support fund administered by the association.'' 47 C.F.R. § 69.601(b). The association was established ``in order to prepare and file access charge tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements.'' 47 C.F.R. § 69.601(a). 47 U.S.C. § 251(h)(1). We refer to these incumbent LECs as legacy incumbent LECs. 47 U.S.C.
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  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
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  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
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  • participate in the National Exchange Carrier Association, Inc. (NECA) DSL Access Service Tariff. National Exchange Carrier Association, Tariff F.C.C. No. 5, pages 17-80 to 17-87.3, Section 17.6 (NECA DSL Tariff). NECA is a non-profit association that files tariffs on behalf of typically smaller rate-of-return carriers so those carriers do not have to file individual tariffs. See, e.g., 47 C.F.R. §§ 69.601, 69.603. Through that voluntary tariff, NECA members offer retail end users and wholesale Internet service providers a DSL access service that ``enables data traffic generated by a customer-provided modem to be transported to a DSL Access Service Connection Point using the Telephone Company's local exchange service facilities.'' NECA DSL Tariff at page 8-1, Section 8.1.1. See Comments of Organization for
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  • establish such a requirement. Cf. 47 C.F.R. § 1.2105(c). Cf. 47 C.F.R. § 1.2104(h). Cf. 47 C.F.R. § 1.2104(i). NECA is an association of incumbent local exchange carriers established by the Commission to administer interstate access tariffs for companies that do not file separate tariffs and to collect and distribute access charge revenues for those companies. See 47 C.F.R. §§ 69.601, 69.603. The NECA Board of Directors is ``prohibited from participating in the functions of the [universal service fund] Administrator.'' 47 C.F.R. § 54.703(a). See Changes to the Board of Directors of the National Exchange Carrier Association, Third Report and Order in CC Docket No. 97-21, Fourth Order on Reconsideration in CC Docket No. 97-21 and Eighth Order on Reconsideration in
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-47A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-47A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-47A1.txt
  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-89A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-89A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-89A1.txt
  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-13A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-13A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-13A1.txt
  • from David Frankel, CEO, ZipDX, to Marlene Dortch, Secretary, FCC, WC Docket No. 07-135, at 1, 3 (filed Nov. 26, 2010). See CALLS Order, 15 FCC Rcd at 12962. See 47 C.F.R. §§ 61.41-49. See Access Stimulation NPRM, 22 FCC Rcd at 18033, para. 33. See generally id. at 17992-93, paras. 6-8. See infra para. 657. See 47 C.F.R. § 69.601 et seq. See NECA, Inc., Tariff FCC No. 5, Title Pages 1-68. In lieu of cost studies, average schedule carriers are compensated by formulas that establish settlements for average schedule carriers that are comparable to the settlements received by comparable cost companies. 47 C.F.R. § 69.606(a). The average schedule settlements are added to the costs of the cost companies to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-161A1.txt
  • providers are subject to mandatory detariffing. Nonetheless, CMRS providers are included in the transition to the extent their reciprocal compensation rates are inconsistent with the reforms we adopt here. Joint Letter at 3 & n.1. We note that carriers remain free to make elections regarding participation in the NECA pool and tariffing processes during the transition. See 47 C.F.R. § 69.601 et seq. At the same time, we decline to adopt the Rural Associations' proposal to require carriers that withdraw from NECA association tariffs for switched access elements to continue to contribute to the pool as if they had remained part of the NECA pool. See Letter from Michael R. Romano, Senior Vice President - Policy, NTCA, to Marlene H. Dortch,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-34A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-34A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-34A1.txt
  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-71A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-71A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-71A1.txt
  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-27A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-27A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-27A1.txt
  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-49A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-49A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-49A1.txt
  • 61.41 of this chapter, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-325A1.pdf
  • the definition of a LEC under section 251(h)(1), they are not subject to the duties and obligations imposed on incumbent LECs under section 251(c). An incumbent LEC is defined in section 251(h)(1), and includes only those LECs 2371 that were, on the date of enactment of the 1996 Act, deemed to be members of NECA pursuant to 47 C.F.R. § 69.601(b), or the successor or assign of a NECA member. Similarly, we do not find that CMRS providers satisfy the criteria set forth in section 251(h)(2), which grants the Commission the discretion to, by rule, provide for the treatment of a LEC as an incumbent LEC if certain conditions are met. 2372 B. Reciprocal Compensation Arrangements Under Section 251(b)(5) Federal Communications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.txt
  • 9, 1999). 800 Section 3(26) of the Act defines a local exchange carrier as "[a]ny person that is engaged in the provision of telephone exchange service or exchange access . . . ." 47 U.S.C. § 153(26). 801 Specifically, the Act refers to a LEC that was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations. See 47 U.S.C. §251(h)(1)(B)(i). The referenced association is the National Exchange Carrier Association (NECA), which prepares and files access charge tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements. See 47 C.F.R. § 69.601. Under the Commission's
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.wp
  • paras 19-21. 169 5 U.S.C. § 605(b). 170 5 U.S.C. §§ 601-611. The Regulatory Flexibility Act, 5 U.S.C. § 601 et seq., was amended by the "Small 171 Business Regulatory Enforcement Fairness Act of 1996" (SBREFA), Subtitle II of the Contract with America Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). See 47 C.F.R. §§ 69.601, 69.603. NECA subsequently assumed responsibility for administering the existing 172 universal service fund (47 C.F.R. §§ 69.116, 69.603), the Lifeline Assistance program (47 C.F.R. §§ 69.117, 69.603), the LTS program (47 C.F.R. §§ 69.2(y), 69.612), and TRS fund (47 C.F.R. § 64.604(c)(4)(iii). 44 affected entities. For this part of the Order, we have prepared a Final Regulatory Flexibility Analysis (FRFA),
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.html http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.txt
  • (rel. Sept. 9, 1999). Section 3(26) of the Act defines a local exchange carrier as "[a]ny person that is engaged in the provision of telephone exchange service or exchange access . . . ." 47 U.S.C. § 153(26). Specifically, the Act refers to a LEC that was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations. See 47 U.S.C. §251(h)(1)(B)(i). The referenced association is the National Exchange Carrier Association (NECA), which prepares and files access charge tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements. See 47 C.F.R. § 69.601. Under the Commission's
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fc00j4a.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fc00j4a.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fc00j4a.txt
  • corporate operation expense recognizing that costs incurred to provide telephone service in Alaska are higher than in the lower 48 states and that it was in the public interest of maintaining affordable rates. Order DA 98-2586 (rel. Dec. 22, 1998). See 47 CFR 61.45(d)(1)(viii). See NECA, Presentation before the Task Force, July 20-21, 2000, Seattle, Washington, available at www.wutc.wa.gov/rtf. Section 69.601 of the Commission's rules, 47 C.F.R. 69.601, requires that all data submissions made to NECA must be accompanied by a certification statement signed by the officer or employee responsible for overall preparation of the data submission. See 47 C.F.R. 69.601 (c) and Safeguards to Improve the Administration of the Interstate Access Tariff and Revenue Distribution Processes, CC Docket No. 93-6,
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.txt
  • CLEC Safe Harbor Reply Comments at 2; NTCA Safe Harbor Comments at 4-5; BayRing Safe Harbor Comments at 23; BayRing Safe Harbor Reply Comments at 3-4. The National Exchange Carrier Association is a non-stock, not-for-profit association that the FCC established in 1983, inter alia, to administer its Access Charge Plan and the associated pools and tariffs. See 47 C.F.R. §§ 69.601, et seq. NECA files interstate access tariffs for primarily small, rural and high-cost ILECs that participate in its common line or traffic-sensitive pools. NECA has over one thousand members that are either ``cost'' or ``average schedule'' companies. Cost companies submit cost studies to NECA; these studies form the basis for the cost companies' settlements with the NECA pools. For average
• http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.wp
  • the Small Business Regulatory Enforcement Act of 1996 (SBREFA), Title II of the Contract with American Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). 29 5 U.S.C. § 605(b). 30 5 U.S.C. § 601(6). 31 5 U.S.C. § 601(4). 32 NECA Governance Order, 12 FCC Rcd at 18444-45. 33 Id. See also 47 C.F.R. §§ 69.601, 69.603. NECA subsequently assumed responsibility for administering the existing universal service fund (47 C.F.R. §§ 69.116, 69.603), the Lifeline Assistance program (47 C.F.R. §§ 69.117, 69.603), the Long Term Support program (47 C.F.R. §§ 69.2(y), 69.612), and the Telecommunications Relay Services fund (47 C.F.R. § 64.604(c)(4)(iii)). 34 NECA Governance Order, 12 FCC Rcd at 18444-45. 7 Regulatory Flexibility Analysis The
• http://transition.fcc.gov/Bureaus/Common_Carrier/Reports/fcc98085.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Reports/fcc98085.wp
  • 47 U.S.C. § 254(c)(3). 6 47 U.S.C. § 254(h)(2)(A). 7 Federal-State Joint Board on Universal Service, Recommended Decision, 12 FCC Rcd 87 (rel. Nov. 8, 1996)(Recommended Decision) at ¶ 833. 8 Id. 9 See generally, MTS and WATS Market Structure, Third Report and Order, CC Docket No. 78-72, Phase I, 93 FCC 2d 241 (1983). See also 47 C.F.R. § 69.601. 10 See generally, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Notice of Proposed Rulemaking and Notice of Inquiry, CC Docket No. 97-21, FCC 97-2 (rel. Jan. 10, 1997), errata, mimeo 71784, CC Docket No. 97-21 (rel. Jan. 15, 1997) at ¶ 3. 11 Recommended Decision at ¶ 833. 3 receive, upon a bona fide
• http://transition.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • Incumbent LEC. The term incumbent local exchange carrier or incumbent LEC shall be defined, in accordance with section 251(h) of the Communications Act, to mean, with respect to an area, that: (i) On February 8, 1996, the LEC provided telephone exchange service in such area and was deemed to be a member of the exchange carrier association pursuant to Sec. 69.601(b) of this chapter; or (ii) Is a person or entity that, on or after February 8, 1996, became a successor or assign of a member described in paragraph (c)(1)(i) of this section; or (iii) Is an entity, or a member of a class or category of entities, that the Commission has determined under section 251(h)(2) of the Communications Act to
• http://transition.fcc.gov/Reports/1934new.pdf http://transition.fcc.gov/Reports/1934new.wp
  • purposes of this section, the term ''incumbent local exchange carrier'' means, with respect to an area, the local exchange carrier that--(A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b)); or (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i). (2) TREATMENT OF COMPARABLE CARRIERS AS INCUMBENTS.--The Communications Act of 1934 96 Commission may, by rule, provide for the treatment of a local exchange carrier (or
• http://transition.fcc.gov/Reports/tcom1996.pdf http://transition.fcc.gov/Reports/tcom1996.txt
  • of this section, the term incumbent local exchange carrier' means, with respect to an area, the local exchange carrier that-- (A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b)); or (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i). (2) TREATMENT OF COMPARABLE CARRIERS AS INCUMBENTS- The Commission may, by rule, provide for the treatment of a local exchange carrier (or class or category thereof)
• http://transition.fcc.gov/eb/Orders/2001/fcc01084.doc http://transition.fcc.gov/eb/Orders/2001/fcc01084.html
  • File No. E-97-03 (filed Oct. 18, 1996) at 12, ¶ 64 (Complaint); Answer at 10, ¶ 64. FN12. Pursuant to the Commission's rules, NECA prepares and files access charge tariffs on behalf of ``all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements.'' 47 C.F.R. § 69.601(a). Each participating company charges the rates appearing in those tariffs, pools its revenues with other participants, and receives an amount equal to its costs and its pro rata share of all earnings. Complaint at 2, 5-6, ¶¶ 4, 7, 23-24. Total and Atlas v. AT&T, 919 F. Supp. at 476, 482. AT&T Brief at 11; Answer at 30, ¶ 6;
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-175A1.html
  • June 6, 2007) ("Joint Statement") at 1, P: 2. Joint Statement at 1-2, P: 4. Joint Statement at 2, P: 5. Joint Statement at 1-2, P: 4. 47 C.F.R. S:S: 69.1-69.2. Complaint at 6, P: 8; Answer of Farmers & Merchants Mutual Telephone Company, File No. EB-07-MD-001 (filed May 29, 2007) ("Answer") at 12, P: 8. See 47 C.F.R. S:S: 69.601-69.612. Complaint at 6-7, P: 9; Answer at 12, P: 9; see 47 C.F.R. S: 69.3(d). Complaint at 6-7, P: 9; Answer at 12, P: 9; see 47 C.F.R. S:S: 69.604, 69.605. See 47 C.F.R. S:S: 69.605, 69.606. 47 C.F.R. S: 69.605(a). Complaint at 6-7, P: 9; Answer at 12, P: 9. See 47 C.F.R. S: 69.606; In the Matter of
• http://wireless.fcc.gov/auctions/17/releases/d980572x.pdf http://wireless.fcc.gov/auctions/17/releases/d980572x.txt http://wireless.fcc.gov/auctions/17/releases/d980572x.wp
  • Incumbent LEC. The term incumbent local exchange carrier or incumbent LEC shall be defined, in accordance with section 251(h) of the Communications Act, to mean, with respect to an area, that: (i) On February 8, 1996, the LEC provided telephone exchange service in such area and was deemed to be a member of the exchange carrier association pursuant to Sec. 69.601(b) of this chapter; or (ii) Is a person or entity that, on or after February 8, 1996, became a successor or assign of a member described in paragraph (c)(1)(i) of this section; or (iii) Is an entity, or a member of a class or category of entities, that the Commission has determined under section 251(h)(2) of the Communications Act to
• http://wireless.fcc.gov/auctions/17/releases/fc970082.pdf http://wireless.fcc.gov/auctions/17/releases/fc970082.txt http://wireless.fcc.gov/auctions/17/releases/fc970082.wp
  • . . the term incumbent local exchange carrier'' means, with respect to an area, the local exchange carrier that -- (A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations . . . ; or (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i); (2) TREATMENT OF COMPARABLE CARRIERS AS INCUMBENTS -- The Commission may, by rule, provide for the treatment of a local exchange carrier (or class or
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • . . the term incumbent local exchange carrier'' means, with respect to an area, the local exchange carrier that -- (A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations . . . ; or (ii) is a person or entity that, on or after such date of enactment, became a CMRS and LMDS in the same BTA would imply no market power. First, there are existing wireline competitors, especially the incumbent LEC and cable television firm, that can provide fixed wireless services. Second, our CMRS
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01008.doc http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01008.txt
  • corporate operation expense recognizing that costs incurred to provide telephone service in Alaska are higher than in the lower 48 states and that it was in the public interest of maintaining affordable rates. Order DA 98-2586 (rel. Dec. 22, 1998). See 47 CFR 61.45(d)(1)(viii). See NECA, Presentation before the Task Force, July 20-21, 2000, Seattle, Washington, available at www.wutc.wa.gov/rtf. Section 69.601 of the Commission's rules, 47 C.F.R. 69.601, requires that all data submissions made to NECA must be accompanied by a certification statement signed by the officer or employee responsible for overall preparation of the data submission. See 47 C.F.R. 69.601 (c) and Safeguards to Improve the Administration of the Interstate Access Tariff and Revenue Distribution Processes, CC Docket No. 93-6,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1996/fcc96325.pdf
  • the definition of a LEC under section 251(h)(1), they are not subject to the duties and obligations imposed on incumbent LECs under section 251(c). An incumbent LEC is defined in section 251(h)(1), and includes only those LECs 2371 that were, on the date of enactment of the 1996 Act, deemed to be members of NECA pursuant to 47 C.F.R. § 69.601(b), or the successor or assign of a NECA member. Similarly, we do not find that CMRS providers satisfy the criteria set forth in section 251(h)(2), which grants the Commission the discretion to, by rule, provide for the treatment of a LEC as an incumbent LEC if certain conditions are met. 2372 B. Reciprocal Compensation Arrangements Under Section 251(b)(5) Federal Communications
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97253.wp
  • paras 19-21. 169 5 U.S.C. § 605(b). 170 5 U.S.C. §§ 601-611. The Regulatory Flexibility Act, 5 U.S.C. § 601 et seq., was amended by the "Small 171 Business Regulatory Enforcement Fairness Act of 1996" (SBREFA), Subtitle II of the Contract with America Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). See 47 C.F.R. §§ 69.601, 69.603. NECA subsequently assumed responsibility for administering the existing 172 universal service fund (47 C.F.R. §§ 69.116, 69.603), the Lifeline Assistance program (47 C.F.R. §§ 69.117, 69.603), the LTS program (47 C.F.R. §§ 69.2(y), 69.612), and TRS fund (47 C.F.R. § 64.604(c)(4)(iii). 44 affected entities. For this part of the Order, we have prepared a Final Regulatory Flexibility Analysis (FRFA),
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.html http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/fcc97292.wp
  • data for the purpose of calculating the regulatory fees of interstate common carriers, and aggregating such fee payments for submission to the Commission. Id. at para. 67. 41. 47 C.F.R. 54.711(b) 42. See generally 47 C.F.R. 1.1202, 1.203, and 1.1206. 43. 5 U.S.C. 603. 44. 5 U.S.C. 605(b). 45. 5 U.S.C. 601(3). 46. 15 U.S.C. 632(a). 47. See 47 C.F.R. 69.601, 69.603. NECA subsequently assumed responsibility for administering the existing universal service fund (47 C.F.R. 69.116, 69.603), the Lifeline Assistance program (47 C.F.R. 69.117, 69.603), the LTS program (47 C.F.R. 69.2(y), 69.612); and TRS Fund (47 C.F.R. 64.604(c)(4)(iii). 48. 5 U.S.C. 605(b). 49. 47 C.F.R. 1.415, 1.419. 50. Comments and reply comments also must comply with section 1.49 and all other
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.html http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99279.txt
  • (rel. Sept. 9, 1999). Section 3(26) of the Act defines a local exchange carrier as "[a]ny person that is engaged in the provision of telephone exchange service or exchange access . . . ." 47 U.S.C. § 153(26). Specifically, the Act refers to a LEC that was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations. See 47 U.S.C. §251(h)(1)(B)(i). The referenced association is the National Exchange Carrier Association (NECA), which prepares and files access charge tariffs on behalf of all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements. See 47 C.F.R. § 69.601. Under the Commission's
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99413.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99413.txt
  • specifically defined an incumbent LEC for purposes of section 251. Pursuant to section 251(h), an incumbent local exchange carrier for any area means the local exchange carrier that ``(A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area'' and (B) was a member of NECA, the exchange carrier association under section 69.601(b) of the Commission's regulations, or a successor or assign of such a member. Thus, the relevant inquiry for purposes of determining who is an incumbent LEC pursuant to section 251(c) is whether a carrier provided telephone exchange and exchange access service in a given service area on February 8, 1996. There can be no dispute that US WEST provided both
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da001883.doc
  • in NECA tariffs, and would participate in NECA's Common Line and Traffic Sensitive pools. ATEAC states that, if necessary, it would become a cost carrier, an Issuing Carrier in the NECA tariffs, and a participant in NECA's Common Line and Traffic Sensitive pools. Both ATEAC and United-KUC will be eligible to participate in the NECA tariffs and pools under section 69.601 of the Commission's rules. 6. Petitioners state that ATEAC, its stockholders and their subsidiaries and affiliates have no common stock ownership or other corporate affiliations with GTE, GTEA and other GTE subsidiaries and affiliates. They also state that there is no overlap in the respective boards of directors or officers of ATEAC, its stockholders and their subsidiaries and affiliates, on
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002473.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002473.txt
  • Memorandum Opinion and Order, 10 FCC Rcd 1871, 1872 (1995). See 47 C.F.R. § 54.305. See id. See infra discussion at paras. 11-14. See Ex Parte filing of Jordan-Soldier Valley Telephone Company and Alpine Communications, L.C., CC Docket No. 96-45 (filed Sep. 5, 2000) (Ex Parte Filing). Petition at 4-5. See Ex Parte Filing at 2. See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). See MTS and WATS Market Structure: Average Schedule Companies, CC Docket No. 78-72, Memorandum Opinion and Order, 3 FCC Rcd 6642 (1986) (MTS and WATS Order). The Bureau also has observed that cost company conversion to average schedule status may result in higher than reasonable interstate revenue requirements. See NECA's Proposed
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fc00j4a.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fc00j4a.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fc00j4a.txt
  • corporate operation expense recognizing that costs incurred to provide telephone service in Alaska are higher than in the lower 48 states and that it was in the public interest of maintaining affordable rates. Order DA 98-2586 (rel. Dec. 22, 1998). See 47 CFR 61.45(d)(1)(viii). See NECA, Presentation before the Task Force, July 20-21, 2000, Seattle, Washington, available at www.wutc.wa.gov/rtf. Section 69.601 of the Commission's rules, 47 C.F.R. 69.601, requires that all data submissions made to NECA must be accompanied by a certification statement signed by the officer or employee responsible for overall preparation of the data submission. See 47 C.F.R. 69.601 (c) and Safeguards to Improve the Administration of the Interstate Access Tariff and Revenue Distribution Processes, CC Docket No. 93-6,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc000j2.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc000j2.txt
  • specific area if, on the date of enactment of the Act, the carrier provided telephone exchange service in that area and was deemed to be a member of the National Exchange Carrier Association, Inc. (NECA), or if the carrier ``became a successor or assign'' of such a member on or after that date. 47 U.S.C. § 251(h)(1). Pursuant to section 69.601(b) of the Commission's rules, ``[a]ll telephone companies that participate in the distribution of Carrier Common Line revenue requirement, pay long term support to association Common Line tariff participants, or receive payments from the transitional support fund administered by [NECA] shall be deemed to be members.'' 47 C.F.R. § 69.601(b). For purposes of this Recommended Decision, the term ``carriers'' refers to
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010507.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da010507.txt
  • (approving the conversion of approximately 285,000 access lines from price cap to rate-of-return regulation). See LEC Price Cap Order at para. 6 (limiting mandatory price cap participation to the eight largest LECs at that time - the seven Bell Operating Companies and General Telephone and Telegraph Company). See Petition at 9. See 47 C.F.R. § 61.45(d). See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). See MTS and WATS Market Structure: Average Schedule Companies, CC Docket No. 78-72, Memorandum Opinion and Order, 3 FCC Rcd 6642 (1986) (MTS and WATS Order). The Bureau also has observed that cost company conversion to average schedule status may result in higher than reasonable interstate revenue requirements. See NECA's Proposed
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011327.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/da011327.txt
  • F.2d at 1166. See, e.g., U S WEST Communications, Inc., and Eagle Telecommunications, Inc., Petition for Waiver of the Definition of ``Study Area'' Contained in Part 36, Appendix-Glossary of the Commission's Rules, AAD 94-27, Memorandum Opinion and Order, 10 FCC Rcd 1871, 1872 (1995). See Petition at Appendix A. Id. at 5. Id. at Appendix A. See 47 C.F.R. §§ 69.601-69.612. See 47 C.F.R. § 69.606(a). 47 C.F.R. § 69.605(c). See MTS and WATS Market Structure: Average Schedule Companies, CC Docket No. 78-72, Memorandum Opinion and Order, 3 FCC Rcd 6642 (1986) (MTS and WATS Order). See 47 C.F.R. § 69.605(c). See BPS Telephone Co. Petition for Waiver of Section 69.605(c) of the Commission's Rules, AAD No. 95-67, Memorandum Opinion and
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01146.txt
  • CLEC Safe Harbor Reply Comments at 2; NTCA Safe Harbor Comments at 4-5; BayRing Safe Harbor Comments at 23; BayRing Safe Harbor Reply Comments at 3-4. The National Exchange Carrier Association is a non-stock, not-for-profit association that the FCC established in 1983, inter alia, to administer its Access Charge Plan and the associated pools and tariffs. See 47 C.F.R. §§ 69.601, et seq. NECA files interstate access tariffs for primarily small, rural and high-cost ILECs that participate in its common line or traffic-sensitive pools. NECA has over one thousand members that are either ``cost'' or ``average schedule'' companies. Cost companies submit cost studies to NECA; these studies form the basis for the cost companies' settlements with the NECA pools. For average
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01162.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01162.txt
  • pursuant to § 61.41, may elect to be subject to the provisions of § 36.3(b). Such election must be made prior to July 1, 2001. Local exchange carriers electing to become subject to § 36.3(b) shall not be eligible to withdraw from such regulation for the duration of the freeze. Local exchange carriers participating in Association tariffs, pursuant to § 69.601 et seq., shall notify the Association prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). Local exchange carriers not participating in Association tariffs shall notify the Commission prior to July 1, 2001, of such intent to be subject to the provisions of § 36.3(b). (c) Effective July 1, 2001, through June 30,
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980839.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980839.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da980839.wp
  • of this section, the term "incumbent local exchange carrier" means, with respect to an area, the local exchange carrier that-- (A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and (B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b)); or (ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i). 47 U.S.C. § 251(h). The redacted, public versions of voluntary survey responses filed by nine large incumbent local exchange 9 carriers are posted on the Internet
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.txt http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.wp
  • the Small Business Regulatory Enforcement Act of 1996 (SBREFA), Title II of the Contract with American Advancement Act of 1996, Pub. L. No. 104-121, 110 Stat. 847 (1996) (CWAAA). 29 5 U.S.C. § 605(b). 30 5 U.S.C. § 601(6). 31 5 U.S.C. § 601(4). 32 NECA Governance Order, 12 FCC Rcd at 18444-45. 33 Id. See also 47 C.F.R. §§ 69.601, 69.603. NECA subsequently assumed responsibility for administering the existing universal service fund (47 C.F.R. §§ 69.116, 69.603), the Lifeline Assistance program (47 C.F.R. §§ 69.117, 69.603), the Long Term Support program (47 C.F.R. §§ 69.2(y), 69.612), and the Telecommunications Relay Services fund (47 C.F.R. § 64.604(c)(4)(iii)). 34 NECA Governance Order, 12 FCC Rcd at 18444-45. 7 Regulatory Flexibility Analysis The
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/fcc98085.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Reports/fcc98085.wp
  • 47 U.S.C. § 254(c)(3). 6 47 U.S.C. § 254(h)(2)(A). 7 Federal-State Joint Board on Universal Service, Recommended Decision, 12 FCC Rcd 87 (rel. Nov. 8, 1996)(Recommended Decision) at ¶ 833. 8 Id. 9 See generally, MTS and WATS Market Structure, Third Report and Order, CC Docket No. 78-72, Phase I, 93 FCC 2d 241 (1983). See also 47 C.F.R. § 69.601. 10 See generally, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Notice of Proposed Rulemaking and Notice of Inquiry, CC Docket No. 97-21, FCC 97-2 (rel. Jan. 10, 1997), errata, mimeo 71784, CC Docket No. 97-21 (rel. Jan. 15, 1997) at ¶ 3. 11 Recommended Decision at ¶ 833. 3 receive, upon a bona fide
• http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1998/da980572.pdf
  • Incumbent LEC. The term incumbent local exchange carrier or incumbent LEC shall be defined, in accordance with section 251(h) of the Communications Act, to mean, with respect to an area, that: (i) On February 8, 1996, the LEC provided telephone exchange service in such area and was deemed to be a member of the exchange carrier association pursuant to Sec. 69.601(b) of this chapter; or (ii) Is a person or entity that, on or after February 8, 1996, became a successor or assign of a member described in paragraph (c)(1)(i) of this section; or (iii) Is an entity, or a member of a class or category of entities, that the Commission has determined under section 251(h)(2) of the Communications Act to
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1998/dd980401.html
  • Adopted, on its own motion, Order on Reconsideration of the February 26, 1998 Order granting Wilderness Valley's petition requesting a waiver of section 69.605(c) of the Commission's rules in order to address another specific waiver necessary to allow Wilderness Valley to participate in NECA's average schedule settlements; waived, to the extent discussed, the incumbent LEC requirements of sections 69.2 and 69.601 of the Commission's rules. Action by Chief, Accounting and Audits Division. Adopted: March 31, 1998. by Order on Recon. (DA No. 98-603). CCB Internet URL: [19]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/da980603.txt TIME WARNER CABLE. Granted appeal and remanded a case involving a local rate order issued by Guilford County, North Carolina. The County used the Commission's rate regulation framework to address technical and content quality
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2005/dd050304.html
  • Barbara P. Chappelle @ (202) 418-0310 [35]DOC-257198A1.pdf [36]DOC-257198A1.txt Released: 03/04/2005. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILING IN PERMIT-BUT-DISCLOSURE PROCEEDINGS (2 OF 2). OMD. Contact: Barbara P. Chappelle @ (202) 418-0310 [37]DOC-257199A1.pdf [38]DOC-257199A1.txt Released: 03/04/2005. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG. WCB. Contact: (202) 418-0270 [39]DOC-257192A1.pdf [40]DOC-257192A1.txt Released: 03/04/2005. BEAVER CREEK COMMUNICATIONS COOPERATIVE PETITION FOR WAIVER OF SECTIONS 69.2 AND 69.601 OF THE COMMISSIONS RULES. (DA No. 05-593). (Dkt No 05-69) Pleading Cycle Established. Comments Due: 03/25/2005. Reply Comments Due: 04/08/2005. WCB. Contact: Randy Clarke at (202) 418-1587 [41]DA-05-593A1.doc [42]DA-05-593A1.pdf [43]DA-05-593A1.txt Released: 03/04/2005. WESTGATE COMMUNICATIONS LLC D/B/A WEAVTEL PETITION FOR WAIVER OF SECTIONS 69.2 AND 69.601 OF THE COMMISSION RULES. (DA No. 05-595). (Dkt No 05-58) Pleading Cycle Established. Comments Due:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2005/dd050428.html
  • March 16, 2005. (Dkt No. 98-237 , 02-380). Action by: Chief, Office of Engineering and Technology. Adopted: 04/28/2005 by ERRATUM. (DA No. 05-1186). OMD [35]DOC-258385A1.doc [36]DOC-258385A1.pdf [37]DOC-258385A1.txt ADDENDA: THE FOLLOWING ITEMS, RELEASED APRIL 27, 2005, DID NOT APPEAR IN DIGEST NO. 79: ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 04/27/2005. ALLBAND COMMUNICATIONS COOPERATIVE PETITION FOR WAIVER OF SECTIONS 69.2(HH) AND 69.601 OF THE COMMISSION RULES. (DA No. 05-1220). (Dkt No 05-174) Pleading Cycle Established. Comments Due: 05/19/2005. Reply Comments Due: 06/02/2005. WCB. Contact: Randy Clarke at (202) 418-1587 [38]DA-05-1220A1.doc [39]DA-05-1220A1.pdf [40]DA-05-1220A1.txt References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1175A1.doc 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1175A1.pdf 3. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1175A1.txt 4. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1159A1.pdf 5. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1159A1.txt 6. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258339A2.txt 7. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258339A1.pdf 8. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258337A2.txt 9. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258337A1.pdf 10. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258449A1.pdf 11. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258449A1.txt 12. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258446A1.pdf 13. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-258446A1.txt 14. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1263A1.doc 15.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2005/dd050811.html
  • ISLAND RADIO, ASSIGNOR AND PACIFIC RADIO GROUP, INC., ASSIGNEE. Granted the applications for consent to assign licenses for KKON(AM), Kealakekua, HI, KLUA(FM), Kailua Kona, HI, KAGB(FM), Waimea, HI, and KPVS(FM) and KAPA(FM), Hilo, HI. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 05-2270). MB [17]DA-05-2270A1.doc [18]DA-05-2270A1.pdf [19]DA-05-2270A1.txt ALLBAND COMMUNICATIONS COOPERATIVE PETITION FOR WAIVER OF SECTIONS 69.2(HH) AND 69.601 OF THE COMMISSION'S RULES. Granted Allband's Request for Waiver. (Dkt No. 05-174). Action by: Chief, Wireline Competition Bureau. Adopted: 08/11/2005 by ORDER. (DA No. 05-2268). WCB [20]DA-05-2268A1.doc [21]DA-05-2268A1.pdf [22]DA-05-2268A1.txt WESTGATE COMMUNICATIONS AND BEAVER CREEK TELEPHONE COMPANY'S REQUESTS FOR WAIVERS OF SECTION 69.2(HH) AND 69.601 OF THE COMMISSION'S RULES. Granted the Petition for Waiver. (Dkt No. 05-69 , 05-58). Action by:
• http://www.fcc.gov/eb/Orders/2001/fcc01084.doc http://www.fcc.gov/eb/Orders/2001/fcc01084.html
  • File No. E-97-03 (filed Oct. 18, 1996) at 12, ¶ 64 (Complaint); Answer at 10, ¶ 64. FN12. Pursuant to the Commission's rules, NECA prepares and files access charge tariffs on behalf of ``all telephone companies that do not file separate tariffs or concur in a joint access tariff of another telephone company for all access elements.'' 47 C.F.R. § 69.601(a). Each participating company charges the rates appearing in those tariffs, pools its revenues with other participants, and receives an amount equal to its costs and its pro rata share of all earnings. Complaint at 2, 5-6, ¶¶ 4, 7, 23-24. Total and Atlas v. AT&T, 919 F. Supp. at 476, 482. AT&T Brief at 11; Answer at 30, ¶ 6;
• http://www.fcc.gov/eb/Orders/2007/FCC-07-175A1.html
  • June 6, 2007) ("Joint Statement") at 1, P: 2. Joint Statement at 1-2, P: 4. Joint Statement at 2, P: 5. Joint Statement at 1-2, P: 4. 47 C.F.R. S:S: 69.1-69.2. Complaint at 6, P: 8; Answer of Farmers & Merchants Mutual Telephone Company, File No. EB-07-MD-001 (filed May 29, 2007) ("Answer") at 12, P: 8. See 47 C.F.R. S:S: 69.601-69.612. Complaint at 6-7, P: 9; Answer at 12, P: 9; see 47 C.F.R. S: 69.3(d). Complaint at 6-7, P: 9; Answer at 12, P: 9; see 47 C.F.R. S:S: 69.604, 69.605. See 47 C.F.R. S:S: 69.605, 69.606. 47 C.F.R. S: 69.605(a). Complaint at 6-7, P: 9; Answer at 12, P: 9. See 47 C.F.R. S: 69.606; In the Matter of
• http://www.fcc.gov/ogc/documents/opinions/1999/farmers.html http://www.fcc.gov/ogc/documents/opinions/1999/farmers.wp
  • jurisdiction, in effect "raising" its interstate allocator from twenty-five percent to thirty percent. NECA was one of the entities to determine that the five percent limitation operated in perpetuity. NECA is an independent organization established by the FCC for the purpose of preparing and filing access tariffs for member LECs that elect to participate in joint tariffs. See 47 C.F.R. 69.601(a); see also Allnet Communication Serv., Inc. v. NECA, 965 F.2d 1118, 1119 (D.C. Cir. 1992). Although NECA was established by the FCC, its board of directors and membership consist entirely of industry participants, see 47 C.F.R. 69.602, it acts exclusively as an agent for its members, and it has no authority to perform any adjudicatory or governmental functions. See In
• http://www.fcc.gov/ogc/documents/opinions/2001/00-1002.doc http://www.fcc.gov/ogc/documents/opinions/2001/00-1002.html http://www.fcc.gov/ogc/documents/opinions/2001/00-1002.pdf
  • s 153(26) (emphasis added). The concept of incumbency, by contrast, is based purely on history. An incumbent LEC with respect to an area is the local exchange carrier that--(A) on February 8, 1996, provided telephone exchange service in such area; and (B)(i) on February 8, 1996, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b)); or (ii) is a person or entity that, on or after February 8, 1996, became a successor or assign of a member described in clause (i). 47 U.S.C. s 251(h). Qwest argues that the phrase in s 153(26) "is engaged in the provision of" plainly bars the Commission from regulating carriers' DSL-based advanced
• http://www.fcc.gov/ogc/documents/opinions/2001/00-1055.doc http://www.fcc.gov/ogc/documents/opinions/2001/00-1055.html http://www.fcc.gov/ogc/documents/opinions/2001/00-1055.pdf
  • either by filing its own access tariff with the Commission or by accepting compensation under a generally applicable formula adopted by the Commission. In order to effectuate the latter option, the Commission established an independent organization, the NECA, "to prepare and file access charge tariffs on behalf of all telephone companies that do not file separate tariffs." 47 C.F.R. § 69.601(a). Among those non-filers (called average schedule companies), any company whose local loop costs are 115% or more of the national average may receive additional compensation from the Commission, paid out of the Universal Service Fund pursuant to a set formula. 47 C.F.R. § 36.631. In October 1998 the NECA proposed a formula for calculating the USF payments to be made
• http://www.fcc.gov/wcb/ppd/2005archive.html
  • numbers geographically outside of rate centers during this period of service disruption. (Dkt No. 95-116 , 99-200). [62][Word] [63][Acrobat] 8/22/2005 Public Notice:Qwest Corporation Petition For Waiver Of Depreciation Regulation. (Dkt No 05-259) Pleading Cycle Established. Comments Due: 09/21/2005. Reply Comments Due: 10/06/2005. [64][Word] [65][Acrobat] 8/11/2005 Order: Westgate Communications And Beaver Creek Telephone Company's Requests For Waiver Of Sections 69.2(HH) And 69.601 Of The Commission's Rules. Granted the Petition for Waiver. (Dkt No. 05-69 , 05-58). [66][Word] [67][Acrobat] 8/11/2005 Order: Allband Communications Cooperative Petition For Waiver Of Sections 69.2(HH) And 69.601 Of The Commission's Rules. Granted Allband's Request for Waiver. (Dkt No. 05-174). [68][Word] [69][Acrobat] 8/8/2005 Public Notice:SBC Files Cost Allocation Manual Revision. (DA No. 05-2261). Comments Due: 09/06/2005. Reply Comments Due: