FCC Web Documents citing 69.603

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-326A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-326A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-326A1.txt
  • cites herein are to the 1996 version, which is applicable to the events at issue here. At issue here is the Lifeline program as it existed before the rules set forth in 47 C.F.R. § 54.400 took effect on January 1, 1998. See Federal-State Joint Board on Universal Service, 13 FCC Rcd 1, n.2 (Com.Car.Bur.1997). See id.; 47 C.F.R. § 69.603(d). See Reply Brief dated July 2, 1998, at 2. We have fully considered Genesis's Reply Brief even though, contrary to the certification of service attached thereto, it does not appear that any copy of the pleading was delivered to the Office of the Secretary. To the extent that section 1.4(f) of the Commission's Rules, 47 C.F.R. § 1.4(f), may be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3020A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3020A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3020A1.txt
  • 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 are determined on the basis of a series of formulas. 47 C.F.R. § 69.606. For qualifying small companies, the average schedule option avoids the expense of preparing cost studies. 47 C.F.R. §§ 69.603-69.610. About 1,150 LECs participate in NECA's access charge revenue pools. See NECA website. 47 C.F.R. §§ 69.603-69.610. 47 U.S.C. § 201(b). Represcribing the Authorized Rate of Return for Interstate Services of Local Exchange Carriers, CC Docket No. 89-624, Order, 5 FCC Rcd 7507, 7532, paras. 1, 216 (1990) (Rate-of-Return Represcription Order) (subsequent history omitted). The Commission's rules specify that ``maximum
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-324A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-324A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-324A1.txt
  • 2012, the National Exchange Carrier Association (NECA) filed a petition seeking clarification ``that revenues associated with the new interstate recovery mechanisms [adopted in the Commission's USF/ICC Transformation Order] are to be included in the allocation of [NECA] expenses to Category I.C.'' In its petition, NECA suggests that its requested clarification could be implemented by appending the following sentence to section 69.603(g) of the Commission's rules: ``Beginning July 1, 2012, Connect America Fund Intercarrier Compensation support revenues and Access Recovery Charge revenues shall be included in the allocation base for Category I.C expenses.'' Interested parties may file comments on or before March 19, 2012, and reply comments on or before April 3, 2012. All pleadings are to reference CC Docket Nos. 01-92,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-104945A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-104945A1.txt
  • the existing LTS program supports carriers with higher-than average subscriber line costs by providing carriers that are members of the NECA pool with enough 542 12 FCC Red 87. 543 47 U.S.C. § 254(e). 544 47 U.S.C. § 254(d). 545 Section III of the 546 47 C.F.R. § 36.601 547 47 C.F.R. § 36.125(b). 548 47 C.F.R. §§ 69.105, 69.502, 69.603(e), 69.612. 549 Each IXC with at least .05 percent of presubscribed lines nationwide contributes to the fund an amount based on the number of its presubscribed lines. 47 C.F.R. § 69.116. 16143 Federal Communications Commission FCC 97-158 support to enable them to charge IXCs only a nationwide average CCL interstate access rate.550 LTS payments reduce the access charges of smaller,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-448A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-448A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-448A5.txt
  • the Commission's rules, during the Path A transition period, Path A LECs will continue under the regulations in place for them prior to July 1, 2001. During the Path A transition period, a Path A LEC that is a non-price cap LEC may choose for any of its study areas to recover revenues within the Association's single pool described in §69.603 on the same basis that the study area did prior to July 1, 2001. However, at any time during the Path A transition period, a Path A LEC may choose to move one or more of its study areas to Path A incentive regulation as defined in §61.62. If a Path A LEC's study area is settling with the pool
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-218A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-218A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-218A1.txt
  • is an independent not-for-profit subsidiary of NECA that was formed in 1997 to administer Universal Service Fund programs. Id. NECA Comments at 4. NECA Letter at 3; NECA Comments at 5. See also supra. nn. 9 and 10. NECA Letter at 3; NECA Comments at 5. See also supra. n. 11. See 47 C.F.R. § 54.703(d). See 47 C.F.R. § 69.603. See supra. n.1. The larger ILECs participating in the NECA pools ascertain the costs they incur in providing interstate access by conducting cost studies (and are known as `cost companies'). We recognized, however, that many small carriers lacked sufficient financial resources and expertise to perform the detailed and costly separations studies necessary for determining their interstate access compensation. Thus, we
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-304A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-304A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-304A1.txt
  • portion for purposes of this subpart. Section 69.502 is revised by adding new paragraphs (d) and (e) as follows: § 69.502 Base factor allocation. * * * (d) Beginning July 1, 2002, the portion of per-line support that carriers receive pursuant to § 54.901; and (e) Line port costs in excess of basic analog service pursuant to section 69.130. Section 69.603 is revised by adding a new sentence immediately before the last sentence of paragraph (g) and a new sentence at the end of paragraph (h)(5) as follows: § 69.603 Association functions. * * * (g) * * * Beginning July 1, 2002, Interstate Common Line Support revenues shall be included in the allocation base for Category I.B expenses. * *
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-106A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-106A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-106A1.txt
  • do nothing here to change that. We revise the rules only to more clearly state certain types of data that will be required. Accordingly, we amend subsections 54.903(a)(3) and (a)(4) to clarify that the types of data that carriers must file thereunder include common line revenue data. Apportionment of NECA Costs. We deny the Joint Petitioners' request to amend section 69.603 to specify how NECA, as common line pool administrator, should apportion its administrative expenses among pooling carriers for the purposes of calculating individual study area common line revenue requirements. In the MAG Order, the Commission amended its rules to ensure that NECA's administrative costs are appropriately allocated after the implementation of the MAG Order's reforms. The Joint Petitioners request that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-151A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-151A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-151A1.txt
  • CC Docket No. 00-256, Fifteenth Report and Order in CC Docket No. 96-45, and Report and Order in CC Docket Nos. 98-77 and 98-166, 16 FCC Rcd 19613, 19724-26 paras. 274 (2001), recon., First Order on Reconsideration in CC Docket No. 00-256, Twenty-Fourth Order on Reconsideration in CC Docket No. 96-45, 17 FCC Rcd 5636 (2002). See 47 C.F.R. § 69.603(a). See Telecommunications Relay Services, and the Americans with Disabilities Act of 1990, CC Docket No. 90-571, Third Report and Order, 8 FCC Rcd 5300 (1993). The TRS Fund reimburses carriers for the costs associated with the provision of interstate TRS. 47 C.F.R. § 64.604(c)(5)(ii). Telecommunications relay services are telephone transmission services that enable an individual with a hearing or speech
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-277A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-277A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-277A1.txt
  • 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 are determined on the basis of a series of formulas. 47 C.F.R. § 69.606. For qualifying small companies, the average schedule option avoids the expense of preparing cost studies. 47 C.F.R. §§ 69.603-69.610. About 1,150 LECs participate in NECA's access charge revenue pools. See NECA website, www.neca.org. 47 C.F.R. §§ 69.603-69.610. July 1, 2004, Annual Access Charge Tariff Filings, WCB/Pricing File No. 04-18, Order, DA No. 04-1997 (WCB/Pricing, July 1, 2004) (Suspension Order). July 1, 2004, Annual Access Charge Tariff Filings, WCB/Pricing File No. 04-18, Order on Reconsideration, DA No. 04-2395 (WCB/Pricing, July
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-124A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-124A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-124A1.txt
  • 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 CC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-114A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-114A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-114A1.txt
  • 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 the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-182A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-182A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-182A1.txt
  • 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 CC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.txt
  • 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 rules, NECA also is responsible for the collection and distribution of access charge revenues. See 47 C.F.R. § 69.603. 802 47 U.S.C. § 251(h)(1). 803 47 U.S.C. § 251(h)(2). 804 47 U.S.C. § 153(4)(B). 805 47 U.S.C. § 251(h)(1)(A). 806 47 U.S.C. § 251(h)(1)(B)(i). 807 47 U.S.C. § 251(h)(1)(B)(ii). Federal Communications Commission FCC 99-279 184 NECA member's area on February 6, 1996.808 In other words, an affiliate established after the date of enactment, regardless of whether it replaces or
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99120.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99120.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99120.wp
  • because of the confusion it may create with the new universal service support mechanisms that the Commission has created pursuant to section 254 of the Communications Act. 9 The Commission's rules governing these programs are set forth at 47 C.F.R. §§ 36.601 et. seq. (high cost loop fund); 47 C.F.R. § 36.125(b) (DEM weighting); and 47 C.F.R. §§ 69.105, 69.502, 69.603(e), 69.612 (LTS). 10 47 U.S.C. § 254(b)(3). 11 47 U.S.C. § 254(a). 12 Federal-State Joint Board on Universal Service, Recommended Decision, CC Docket No. 96-45, 12 FCC Rcd 87 (1996) (First Recommended Decision). 13 Universal Service Order, 12 FCC Rcd at 8890, para. 206. In the Universal Service Order, the Commission concluded that the federal universal service support mechanism would
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.wp
  • corporation created pursuant to § 69.617 that shall administer specified portions of the universal service support mechanisms, as described in § 69.618. Schools and Libraries Corporation. The term "Schools and Libraries Corporation" shall refer to the corporation created pursuant to § 69.617 that shall administer specified portions of the universal service support mechanisms, as described in § 69.619. 17. Section 69.603 is amended by deleting paragraph (f) and revising paragraphs (c), (d), and (e) to read as follows: § 69.603 Association functions. * * * * * (c) Upon the incorporation and commencement of operations by the association's independent subsidiary that, pursuant to § 69.613(a), will administer temporarily specified portions of the universal service support mechanisms, the association shall no longer
• 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
  • 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), as
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98279.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98279.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98279.wp
  • carriers (LECs) and LECs that served rural and high cost areas: high cost loop support,28 dial equipment minutes (DEM) weighting, and the Federal Communications Commission FCC 98-279 29 The Commission's rules governing these programs are set forth at 47 C.F.R. §§ 36.601 et. seq. (high cost loop fund); 47 C.F.R. § 36.125(b) (DEM weighting); and 47 C.F.R. §§ 69.105, 69.502, 69.603(e), 69.612 (LTS). 30 47 U.S.C. § 254(a). 31 Universal Service Order, 12 FCC Rcd at 8890, para. 206. Alternatively, states may elect to submit cost studies or models that will be used to compute the forward-looking cost. State cost studies or models must meet the criteria established in the Universal Service Order. The Joint Board may soon provide the Commission
• 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
  • 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 rules, NECA also is responsible for the collection and distribution of access charge revenues. See 47 C.F.R. § 69.603. 47 U.S.C. § 251(h)(1). 47 U.S.C. § 251(h)(2). 47 U.S.C. § 153(4)(B). 47 U.S.C. § 251(h)(1)(A). 47 U.S.C. § 251(h)(1)(B)(i). 47 U.S.C. § 251(h)(1)(B)(ii). See MCI Telecommunications Corp. v. The Southern New England Telephone Co., 27 F.Supp.2d 326, 336-37 (D.Conn. 1998) (MCI Telecomm. Corp.) (concluding that, even if a carrier is a successor or assign of an incumbent under section
• http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.wp
  • 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 Regulatory
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99120.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99120.txt http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99120.wp
  • because of the confusion it may create with the new universal service support mechanisms that the Commission has created pursuant to section 254 of the Communications Act. 9 The Commission's rules governing these programs are set forth at 47 C.F.R. §§ 36.601 et. seq. (high cost loop fund); 47 C.F.R. § 36.125(b) (DEM weighting); and 47 C.F.R. §§ 69.105, 69.502, 69.603(e), 69.612 (LTS). 10 47 U.S.C. § 254(b)(3). 11 47 U.S.C. § 254(a). 12 Federal-State Joint Board on Universal Service, Recommended Decision, CC Docket No. 96-45, 12 FCC Rcd 87 (1996) (First Recommended Decision). 13 Universal Service Order, 12 FCC Rcd at 8890, para. 206. In the Universal Service Order, the Commission concluded that the federal universal service support mechanism would
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99235.doc
  • were less than the projected amount for that period, the differential will be subtracted from the projection for the ensuing period. Through December 31, 1997, the association shall so adjust amounts to the Lifeline Assistance revenue requirement, bill and collect such amounts from interexchange carriers pursuant to § 69.117 and distribute the funds to qualifying telephone companies pursuant to § 69.603(d). (q) End User Common Line De-Averaging. Beginning on January 1, 2000, ILECs may geographically deaverage End User Common Line charges subject to the following conditions: (1) In order for an ILEC to be allowed to de-average End User Common Line charges within a study area, the ILEC must have state Commission approved geographically deaveraged rates for UNE Loops within that
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.wp
  • corporation created pursuant to § 69.617 that shall administer specified portions of the universal service support mechanisms, as described in § 69.618. Schools and Libraries Corporation. The term "Schools and Libraries Corporation" shall refer to the corporation created pursuant to § 69.617 that shall administer specified portions of the universal service support mechanisms, as described in § 69.619. 17. Section 69.603 is amended by deleting paragraph (f) and revising paragraphs (c), (d), and (e) to read as follows: § 69.603 Association functions. * * * * * (c) Upon the incorporation and commencement of operations by the association's independent subsidiary that, pursuant to § 69.613(a), will administer temporarily specified portions of the universal service support mechanisms, the association shall no longer
• 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
  • 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), as
• 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
  • 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 applicable
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98279.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98279.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98279.wp
  • carriers (LECs) and LECs that served rural and high cost areas: high cost loop support,28 dial equipment minutes (DEM) weighting, and the Federal Communications Commission FCC 98-279 29 The Commission's rules governing these programs are set forth at 47 C.F.R. §§ 36.601 et. seq. (high cost loop fund); 47 C.F.R. § 36.125(b) (DEM weighting); and 47 C.F.R. §§ 69.105, 69.502, 69.603(e), 69.612 (LTS). 30 47 U.S.C. § 254(a). 31 Universal Service Order, 12 FCC Rcd at 8890, para. 206. Alternatively, states may elect to submit cost studies or models that will be used to compute the forward-looking cost. State cost studies or models must meet the criteria established in the Universal Service Order. The Joint Board may soon provide the Commission
• 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
  • 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 rules, NECA also is responsible for the collection and distribution of access charge revenues. See 47 C.F.R. § 69.603. 47 U.S.C. § 251(h)(1). 47 U.S.C. § 251(h)(2). 47 U.S.C. § 153(4)(B). 47 U.S.C. § 251(h)(1)(A). 47 U.S.C. § 251(h)(1)(B)(i). 47 U.S.C. § 251(h)(1)(B)(ii). See MCI Telecommunications Corp. v. The Southern New England Telephone Co., 27 F.Supp.2d 326, 336-37 (D.Conn. 1998) (MCI Telecomm. Corp.) (concluding that, even if a carrier is a successor or assign of an incumbent under section
• 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
  • 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 Regulatory
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000326.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000326.txt
  • cites herein are to the 1996 version, which is applicable to the events at issue here. At issue here is the Lifeline program as it existed before the rules set forth in 47 C.F.R. § 54.400 took effect on January 1, 1998. See Federal-State Joint Board on Universal Service, 13 FCC Rcd 1, n.2 (Com.Car.Bur.1997). See id.; 47 C.F.R. § 69.603(d). See Reply Brief dated July 2, 1998, at 2. We have fully considered Genesis's Reply Brief even though, contrary to the certification of service attached thereto, it does not appear that any copy of the pleading was delivered to the Office of the Secretary. To the extent that section 1.4(f) of the Commission's Rules, 47 C.F.R. § 1.4(f), may be
• http://www.fcc.gov/ogc/documents/opinions/1999/farmers.html http://www.fcc.gov/ogc/documents/opinions/1999/farmers.wp
  • performing any adjudicatory or other governmental functions; it will be preparing tariffs as an agent for the carriers"); see also Allnet, 965 F.2d at 1119 ("NECA prepares and files joint tariffs on behalf of its members . . . ."). The pertinent regulations do not provide NECA with any authority to issue binding interpretations of FCC regulations. See 47 C.F.R. 69.603 (describing NECA's functions). The FCC has specifically ruled that it retains "full authority to review NECA's tariff filings" and that "LECs that disagree with NECA's interpretations of [FCC] rules are free to present their arguments to the [FCC], either in comments on those filings or petitions for declaratory rulings." In re Safeguards to Improve the Admin. of the Interstate Access
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-326A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-326A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-326A1.txt
  • cites herein are to the 1996 version, which is applicable to the events at issue here. At issue here is the Lifeline program as it existed before the rules set forth in 47 C.F.R. § 54.400 took effect on January 1, 1998. See Federal-State Joint Board on Universal Service, 13 FCC Rcd 1, n.2 (Com.Car.Bur.1997). See id.; 47 C.F.R. § 69.603(d). See Reply Brief dated July 2, 1998, at 2. We have fully considered Genesis's Reply Brief even though, contrary to the certification of service attached thereto, it does not appear that any copy of the pleading was delivered to the Office of the Secretary. To the extent that section 1.4(f) of the Commission's Rules, 47 C.F.R. § 1.4(f), may be
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3020A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3020A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3020A1.txt
  • 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 are determined on the basis of a series of formulas. 47 C.F.R. § 69.606. For qualifying small companies, the average schedule option avoids the expense of preparing cost studies. 47 C.F.R. §§ 69.603-69.610. About 1,150 LECs participate in NECA's access charge revenue pools. See NECA website. 47 C.F.R. §§ 69.603-69.610. 47 U.S.C. § 201(b). Represcribing the Authorized Rate of Return for Interstate Services of Local Exchange Carriers, CC Docket No. 89-624, Order, 5 FCC Rcd 7507, 7532, paras. 1, 216 (1990) (Rate-of-Return Represcription Order) (subsequent history omitted). The Commission's rules specify that ``maximum
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-324A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-324A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-324A1.txt
  • 2012, the National Exchange Carrier Association (NECA) filed a petition seeking clarification ``that revenues associated with the new interstate recovery mechanisms [adopted in the Commission's USF/ICC Transformation Order] are to be included in the allocation of [NECA] expenses to Category I.C.'' In its petition, NECA suggests that its requested clarification could be implemented by appending the following sentence to section 69.603(g) of the Commission's rules: ``Beginning July 1, 2012, Connect America Fund Intercarrier Compensation support revenues and Access Recovery Charge revenues shall be included in the allocation base for Category I.C expenses.'' Interested parties may file comments on or before March 19, 2012, and reply comments on or before April 3, 2012. All pleadings are to reference CC Docket Nos. 01-92,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-104945A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-104945A1.txt
  • the existing LTS program supports carriers with higher-than average subscriber line costs by providing carriers that are members of the NECA pool with enough 542 12 FCC Red 87. 543 47 U.S.C. § 254(e). 544 47 U.S.C. § 254(d). 545 Section III of the 546 47 C.F.R. § 36.601 547 47 C.F.R. § 36.125(b). 548 47 C.F.R. §§ 69.105, 69.502, 69.603(e), 69.612. 549 Each IXC with at least .05 percent of presubscribed lines nationwide contributes to the fund an amount based on the number of its presubscribed lines. 47 C.F.R. § 69.116. 16143 Federal Communications Commission FCC 97-158 support to enable them to charge IXCs only a nationwide average CCL interstate access rate.550 LTS payments reduce the access charges of smaller,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-448A5.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-448A5.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-448A5.txt
  • the Commission's rules, during the Path A transition period, Path A LECs will continue under the regulations in place for them prior to July 1, 2001. During the Path A transition period, a Path A LEC that is a non-price cap LEC may choose for any of its study areas to recover revenues within the Association's single pool described in §69.603 on the same basis that the study area did prior to July 1, 2001. However, at any time during the Path A transition period, a Path A LEC may choose to move one or more of its study areas to Path A incentive regulation as defined in §61.62. If a Path A LEC's study area is settling with the pool
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-218A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-218A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-218A1.txt
  • is an independent not-for-profit subsidiary of NECA that was formed in 1997 to administer Universal Service Fund programs. Id. NECA Comments at 4. NECA Letter at 3; NECA Comments at 5. See also supra. nn. 9 and 10. NECA Letter at 3; NECA Comments at 5. See also supra. n. 11. See 47 C.F.R. § 54.703(d). See 47 C.F.R. § 69.603. See supra. n.1. The larger ILECs participating in the NECA pools ascertain the costs they incur in providing interstate access by conducting cost studies (and are known as `cost companies'). We recognized, however, that many small carriers lacked sufficient financial resources and expertise to perform the detailed and costly separations studies necessary for determining their interstate access compensation. Thus, we
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-304A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-304A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-304A1.txt
  • portion for purposes of this subpart. Section 69.502 is revised by adding new paragraphs (d) and (e) as follows: § 69.502 Base factor allocation. * * * (d) Beginning July 1, 2002, the portion of per-line support that carriers receive pursuant to § 54.901; and (e) Line port costs in excess of basic analog service pursuant to section 69.130. Section 69.603 is revised by adding a new sentence immediately before the last sentence of paragraph (g) and a new sentence at the end of paragraph (h)(5) as follows: § 69.603 Association functions. * * * (g) * * * Beginning July 1, 2002, Interstate Common Line Support revenues shall be included in the allocation base for Category I.B expenses. * *
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-106A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-106A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-106A1.txt
  • do nothing here to change that. We revise the rules only to more clearly state certain types of data that will be required. Accordingly, we amend subsections 54.903(a)(3) and (a)(4) to clarify that the types of data that carriers must file thereunder include common line revenue data. Apportionment of NECA Costs. We deny the Joint Petitioners' request to amend section 69.603 to specify how NECA, as common line pool administrator, should apportion its administrative expenses among pooling carriers for the purposes of calculating individual study area common line revenue requirements. In the MAG Order, the Commission amended its rules to ensure that NECA's administrative costs are appropriately allocated after the implementation of the MAG Order's reforms. The Joint Petitioners request that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-151A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-151A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-151A1.txt
  • CC Docket No. 00-256, Fifteenth Report and Order in CC Docket No. 96-45, and Report and Order in CC Docket Nos. 98-77 and 98-166, 16 FCC Rcd 19613, 19724-26 paras. 274 (2001), recon., First Order on Reconsideration in CC Docket No. 00-256, Twenty-Fourth Order on Reconsideration in CC Docket No. 96-45, 17 FCC Rcd 5636 (2002). See 47 C.F.R. § 69.603(a). See Telecommunications Relay Services, and the Americans with Disabilities Act of 1990, CC Docket No. 90-571, Third Report and Order, 8 FCC Rcd 5300 (1993). The TRS Fund reimburses carriers for the costs associated with the provision of interstate TRS. 47 C.F.R. § 64.604(c)(5)(ii). Telecommunications relay services are telephone transmission services that enable an individual with a hearing or speech
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-277A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-277A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-277A1.txt
  • 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 are determined on the basis of a series of formulas. 47 C.F.R. § 69.606. For qualifying small companies, the average schedule option avoids the expense of preparing cost studies. 47 C.F.R. §§ 69.603-69.610. About 1,150 LECs participate in NECA's access charge revenue pools. See NECA website, www.neca.org. 47 C.F.R. §§ 69.603-69.610. July 1, 2004, Annual Access Charge Tariff Filings, WCB/Pricing File No. 04-18, Order, DA No. 04-1997 (WCB/Pricing, July 1, 2004) (Suspension Order). July 1, 2004, Annual Access Charge Tariff Filings, WCB/Pricing File No. 04-18, Order on Reconsideration, DA No. 04-2395 (WCB/Pricing, July
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-124A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-124A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-124A1.txt
  • 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 CC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-114A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-114A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-114A1.txt
  • 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 the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-182A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-182A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-182A1.txt
  • 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 CC
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-279A1.txt
  • 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 rules, NECA also is responsible for the collection and distribution of access charge revenues. See 47 C.F.R. § 69.603. 802 47 U.S.C. § 251(h)(1). 803 47 U.S.C. § 251(h)(2). 804 47 U.S.C. § 153(4)(B). 805 47 U.S.C. § 251(h)(1)(A). 806 47 U.S.C. § 251(h)(1)(B)(i). 807 47 U.S.C. § 251(h)(1)(B)(ii). Federal Communications Commission FCC 99-279 184 NECA member's area on February 6, 1996.808 In other words, an affiliate established after the date of enactment, regardless of whether it replaces or
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99120.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99120.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99120.wp
  • because of the confusion it may create with the new universal service support mechanisms that the Commission has created pursuant to section 254 of the Communications Act. 9 The Commission's rules governing these programs are set forth at 47 C.F.R. §§ 36.601 et. seq. (high cost loop fund); 47 C.F.R. § 36.125(b) (DEM weighting); and 47 C.F.R. §§ 69.105, 69.502, 69.603(e), 69.612 (LTS). 10 47 U.S.C. § 254(b)(3). 11 47 U.S.C. § 254(a). 12 Federal-State Joint Board on Universal Service, Recommended Decision, CC Docket No. 96-45, 12 FCC Rcd 87 (1996) (First Recommended Decision). 13 Universal Service Order, 12 FCC Rcd at 8890, para. 206. In the Universal Service Order, the Commission concluded that the federal universal service support mechanism would
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.wp
  • corporation created pursuant to § 69.617 that shall administer specified portions of the universal service support mechanisms, as described in § 69.618. Schools and Libraries Corporation. The term "Schools and Libraries Corporation" shall refer to the corporation created pursuant to § 69.617 that shall administer specified portions of the universal service support mechanisms, as described in § 69.619. 17. Section 69.603 is amended by deleting paragraph (f) and revising paragraphs (c), (d), and (e) to read as follows: § 69.603 Association functions. * * * * * (c) Upon the incorporation and commencement of operations by the association's independent subsidiary that, pursuant to § 69.613(a), will administer temporarily specified portions of the universal service support mechanisms, the association shall no longer
• 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
  • 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), as
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98279.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98279.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98279.wp
  • carriers (LECs) and LECs that served rural and high cost areas: high cost loop support,28 dial equipment minutes (DEM) weighting, and the Federal Communications Commission FCC 98-279 29 The Commission's rules governing these programs are set forth at 47 C.F.R. §§ 36.601 et. seq. (high cost loop fund); 47 C.F.R. § 36.125(b) (DEM weighting); and 47 C.F.R. §§ 69.105, 69.502, 69.603(e), 69.612 (LTS). 30 47 U.S.C. § 254(a). 31 Universal Service Order, 12 FCC Rcd at 8890, para. 206. Alternatively, states may elect to submit cost studies or models that will be used to compute the forward-looking cost. State cost studies or models must meet the criteria established in the Universal Service Order. The Joint Board may soon provide the Commission
• 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
  • 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 rules, NECA also is responsible for the collection and distribution of access charge revenues. See 47 C.F.R. § 69.603. 47 U.S.C. § 251(h)(1). 47 U.S.C. § 251(h)(2). 47 U.S.C. § 153(4)(B). 47 U.S.C. § 251(h)(1)(A). 47 U.S.C. § 251(h)(1)(B)(i). 47 U.S.C. § 251(h)(1)(B)(ii). See MCI Telecommunications Corp. v. The Southern New England Telephone Co., 27 F.Supp.2d 326, 336-37 (D.Conn. 1998) (MCI Telecomm. Corp.) (concluding that, even if a carrier is a successor or assign of an incumbent under section
• http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Public_Notices/1998/da981336.wp
  • 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 Regulatory
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99120.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99120.txt http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99120.wp
  • because of the confusion it may create with the new universal service support mechanisms that the Commission has created pursuant to section 254 of the Communications Act. 9 The Commission's rules governing these programs are set forth at 47 C.F.R. §§ 36.601 et. seq. (high cost loop fund); 47 C.F.R. § 36.125(b) (DEM weighting); and 47 C.F.R. §§ 69.105, 69.502, 69.603(e), 69.612 (LTS). 10 47 U.S.C. § 254(b)(3). 11 47 U.S.C. § 254(a). 12 Federal-State Joint Board on Universal Service, Recommended Decision, CC Docket No. 96-45, 12 FCC Rcd 87 (1996) (First Recommended Decision). 13 Universal Service Order, 12 FCC Rcd at 8890, para. 206. In the Universal Service Order, the Commission concluded that the federal universal service support mechanism would
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99235.doc
  • were less than the projected amount for that period, the differential will be subtracted from the projection for the ensuing period. Through December 31, 1997, the association shall so adjust amounts to the Lifeline Assistance revenue requirement, bill and collect such amounts from interexchange carriers pursuant to § 69.117 and distribute the funds to qualifying telephone companies pursuant to § 69.603(d). (q) End User Common Line De-Averaging. Beginning on January 1, 2000, ILECs may geographically deaverage End User Common Line charges subject to the following conditions: (1) In order for an ILEC to be allowed to de-average End User Common Line charges within a study area, the ILEC must have state Commission approved geographically deaveraged rates for UNE Loops within that
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1997/apb97253.wp
  • corporation created pursuant to § 69.617 that shall administer specified portions of the universal service support mechanisms, as described in § 69.618. Schools and Libraries Corporation. The term "Schools and Libraries Corporation" shall refer to the corporation created pursuant to § 69.617 that shall administer specified portions of the universal service support mechanisms, as described in § 69.619. 17. Section 69.603 is amended by deleting paragraph (f) and revising paragraphs (c), (d), and (e) to read as follows: § 69.603 Association functions. * * * * * (c) Upon the incorporation and commencement of operations by the association's independent subsidiary that, pursuant to § 69.613(a), will administer temporarily specified portions of the universal service support mechanisms, the association shall no longer
• 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
  • 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), as
• 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
  • 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 applicable
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98279.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98279.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1998/fcc98279.wp
  • carriers (LECs) and LECs that served rural and high cost areas: high cost loop support,28 dial equipment minutes (DEM) weighting, and the Federal Communications Commission FCC 98-279 29 The Commission's rules governing these programs are set forth at 47 C.F.R. §§ 36.601 et. seq. (high cost loop fund); 47 C.F.R. § 36.125(b) (DEM weighting); and 47 C.F.R. §§ 69.105, 69.502, 69.603(e), 69.612 (LTS). 30 47 U.S.C. § 254(a). 31 Universal Service Order, 12 FCC Rcd at 8890, para. 206. Alternatively, states may elect to submit cost studies or models that will be used to compute the forward-looking cost. State cost studies or models must meet the criteria established in the Universal Service Order. The Joint Board may soon provide the Commission
• 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
  • 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 rules, NECA also is responsible for the collection and distribution of access charge revenues. See 47 C.F.R. § 69.603. 47 U.S.C. § 251(h)(1). 47 U.S.C. § 251(h)(2). 47 U.S.C. § 153(4)(B). 47 U.S.C. § 251(h)(1)(A). 47 U.S.C. § 251(h)(1)(B)(i). 47 U.S.C. § 251(h)(1)(B)(ii). See MCI Telecommunications Corp. v. The Southern New England Telephone Co., 27 F.Supp.2d 326, 336-37 (D.Conn. 1998) (MCI Telecomm. Corp.) (concluding that, even if a carrier is a successor or assign of an incumbent under section
• 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
  • 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 Regulatory
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000326.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000326.txt
  • cites herein are to the 1996 version, which is applicable to the events at issue here. At issue here is the Lifeline program as it existed before the rules set forth in 47 C.F.R. § 54.400 took effect on January 1, 1998. See Federal-State Joint Board on Universal Service, 13 FCC Rcd 1, n.2 (Com.Car.Bur.1997). See id.; 47 C.F.R. § 69.603(d). See Reply Brief dated July 2, 1998, at 2. We have fully considered Genesis's Reply Brief even though, contrary to the certification of service attached thereto, it does not appear that any copy of the pleading was delivered to the Office of the Secretary. To the extent that section 1.4(f) of the Commission's Rules, 47 C.F.R. § 1.4(f), may be
• http://www.fcc.gov/ogc/documents/opinions/1999/farmers.html http://www.fcc.gov/ogc/documents/opinions/1999/farmers.wp
  • performing any adjudicatory or other governmental functions; it will be preparing tariffs as an agent for the carriers"); see also Allnet, 965 F.2d at 1119 ("NECA prepares and files joint tariffs on behalf of its members . . . ."). The pertinent regulations do not provide NECA with any authority to issue binding interpretations of FCC regulations. See 47 C.F.R. 69.603 (describing NECA's functions). The FCC has specifically ruled that it retains "full authority to review NECA's tariff filings" and that "LECs that disagree with NECA's interpretations of [FCC] rules are free to present their arguments to the [FCC], either in comments on those filings or petitions for declaratory rulings." In re Safeguards to Improve the Admin. of the Interstate Access