FCC Web Documents citing 69.731

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

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1101A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1101A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1101A1.txt
  • price cap LEC opting for an X-factor of 3.3. percent and earning a rate of return above 16.25 percent was required to share all earnings above that level with its access customers. Id. at 6801, para. 125. Id. at 6802, para. 127. This low end adjustment has been eliminated for price cap LECs that exercise pricing flexibility. 47 C.F.R. § 69.731. Id. at 6801, para. 120. See also Add Back Notice, 8 FCC Rcd at 4416, para. 7. Id. at 6803, para. 136. See also Policy and Rules Concerning Rates for Dominant Carriers, CC Docket No. 87-313, Order on Reconsideration, 6 FCC Rcd 2637, 2691 n.166 (1991) (LEC Price Cap Reconsideration Order), aff'd sub nom. National Rural Telecom Ass'n v. FCC,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-719A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-719A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-719A1.txt
  • 147-48 (1997), aff'd in part, rev'd in part and remanded in part sub nom. U.S. Telephone Ass'n v. FCC, 188 F.3d 521 (D.C. Cir. 1999). 47 C.F.R. § 61.45(d)(1)(vii); see also LEC Price Cap Order, 5 FCC Rcd at 6802, para. 127. The lower formula adjustment has been eliminated for price cap LECs that exercise pricing flexibility. 47 C.F.R. § 69.731. See Amendment of Part 65, Interstate Rate of Return Prescription: Procedures and Methodologies to Establish Reporting Requirements, CC Docket No. 86-127, Report and Order, 1 FCC Rcd 952, 956-57, para. 43 and Appendix C (1986). 1993 Annual Access Tariff Filings, CC Docket No. 93-193, National Exchange Carrier Association Universal Service Fund and Lifeline Assistance Rates, Transmittal No. 556, GSF Order
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.txt
  • subpart. 69.703 Definitions. 69.705 Procedure. 69.707 Geographic scope of petition. 69.709 Dedicated transport and special access service other than channel terminations between LEC end offices and customer premises. 69.711 Channel terminations between LEC end offices and customer premises. 69.713 Common line, traffic-sensitive, and tandem-switched transport services. 69.725 Attribution of revenues to particular wire centers. 69.727 Regulatory relief. 69.729 New services. 69.731 Low-end adjustment mechanism. PART 73-RADIO BROADCAST SERVICES SUBPART E-TELEVISION BROADCAST STATIONS Brief Description: This rule requires applicants who request a DTV allotment on channel 6 to submit an engineering study that demonstrates no interference will be caused by the allotment to FM radio stations on FM channels 200-220. Need: This rule prevents unwanted interference in FM channels 200-220. Legal Basis:
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-146A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-146A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-146A1.txt
  • the interstate jurisdiction. See 47 C.F.R. §§ 36.1 - 36.741. After the total amount of regulated, interstate cost is identified, the access charge and price cap rules translate these interstate costs into charges for the specific interstate access services and rate elements. Part 69 specifies in detail the rate structure for recovering these costs. See 47 C.F.R. §§ 69.1 - 69.731. These rules tell the incumbent LECs the precise manner in which they may assess interstate access charges on interexchange carriers and end users. Additionally, the Commission regulates the rate levels incumbents may charge for their access services, requiring them to comply with either the rate-of-return or the price-cap regulations. Compare 47 C.F.R. §§ 65.1 - 65.830 (relating to rate of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-185A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-185A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-185A1.txt
  • the interstate jurisdiction. See 47 C.F.R. §§ 36.1 - 36.741. After the total amount of regulated, interstate cost is identified, the access charge and price cap rules translate these interstate costs into charges for the specific interstate access services and rate elements. Part 69 specifies in detail the rate structure for recovering these costs. See 47 C.F.R. §§ 69.1 - 69.731. Finally, Part 61 requires ILECs to publish their rates in tariffs, and the rules restrict how and when incumbents may change their rates. See 47 C.F.R. §§ 61.1 - 61.193. Additionally, the Commission regulates the rate levels ILECs may charge for their access services, requiring them to comply with either the rate-of-return or the price-cap regulations. Compare 47 C.F.R. §§
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-151A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-151A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-151A1.txt
  • that elected a more challenging 4.3 percent X factor, 50 percent sharing began for rates of return above 13.25 percent, and 100 percent sharing began at rates of return above 17.25 percent. Id. at 6787-88, paras. 7-10. Id. at 6802, para. 127. This low end adjustment has been eliminated for price cap LECs that exercise pricing flexibility. 47 C.F.R. § 69.731. Id. at 6801, para. 120. See also Add-Back Notice, 8 FCC Rcd at 4416, para. 7. LEC Price Cap Order, 5 FCC Rcd at 6803, para. 136. See also Policy and Rules Concerning Rates for Dominant Carriers, CC Docket No. 87-313, Order on Reconsideration, 6 FCC Rcd 2637, 2691 n.166 (1991) (LEC Price Cap Reconsideration Order), aff'd sub nom. National
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-54A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-54A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-54A1.txt
  • they do give companies an incentive `to improve productivity to the maximum extent possible,' by entitling those that outperform the productivity offset to keep resulting profits.'') (citations omitted). One vestige of rate-of-return regulation that the price cap system retained - the low-end adjustment mechanism - has been eliminated for any price cap carriers exercising pricing flexibility. See 47 C.F.R. § 69.731. As a result, none of the BOCs may resort to the low-end adjustment, which would otherwise allow them to raise rates to target a 10.25% rate of return if they suffer low earnings. See AT&T Comments, Declaration of Lee L. Selwyn, paras. 29-32 (AT&T Selwyn Decl.). AT&T Selwyn Decl., para. 30; see 47 C.F.R. § 32.27(d); see also Sprint Reply,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-149A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-149A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-149A1.txt
  • cases) (3rd Cir. filed Oct. 26, 2005). The rates of price cap carriers are governed by their price cap index and actual price index calculations, which are unrelated to the carriers' earnings. Additionally, when a price cap carrier exercises pricing flexibility, it is prohibited thereafter from making a low-end adjustment in any portion of its service region. 47 C.F.R. § 69.731. This prohibition limits the ability of such carrier to use a reduction in earnings to increase its price cap index and consequently its rates. We note that, although extremely rare, price cap carriers retain the right to make an above cap filing. Id. § 61.45(g). Any such filing would have to be justified with a cost showing that demonstrated a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-159A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-159A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-159A1.txt
  • Bur. 2001); Verizon Petitions for Pricing Flexibility for Special Access and Dedicated Transport Services, CCB/CPD Nos. 00-24, 00-28, Memorandum Opinion and Order, 16 FCC Rcd 5876 (Com. Car. Bur. 2001); BellSouth Petition for Pricing Flexibility for Special Access and Dedicated Transport Services, CCB/CPD No. 00-20, Memorandum Opinion and Order, 15 FCC Rcd 24588 (Com. Car. Bur. 2000). 47 C.F.R. § 69.731; Pricing Flexibility Order, 14 FCC Rcd at 14307, para. 167. The BOCs' implementation of these metrics is reviewed as part of the biennial audits. See AT&T/BellSouth Order, 22 FCC Rcd at 5807, Appendix F (Special Access); SBC/AT&T Merger Order, 20 FCC Rcd at 18317-18, para. 51; Verizon/MCI Order, 20 FCC Rcd at 18459-60, para. 51; Qwest Section 272 Sunset Forbearance
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-58A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-58A1.txt
  • compensation charges, to the extent that additional cost recovery was necessary. As another example, under the Commission's price cap rules, price cap carriers are allowed to increase their price cap indices if their earnings fall below 10.25%. 47 C.F.R. § 61.45(d)(1)(vii). Price cap carriers forego this right, however, if they avail themselves of "pricing flexibility" regulatory relief. 47 C.F.R. § 69.731. 121 Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 00-256, Report and Order and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 4122, 4163, para. 91 (2004) (MAG Second Further Notice). 122 National Broadband Plan at 147. 123
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-206A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-206A1.txt
  • (d)(1)(vii), to read as follows: § 61.45 Adjustments to the PCI for local exchange carriers. * * * * * (d) * * * (1) * * * (vii) Retargeting the PCI to the level specified by the Commission for carriers whose base year earnings are below the level of the lower adjustment mark, subject to the limitation in Section 69.731 of this chapter. 10. Amend § 61.46 to add paragraph (i) to read as follows: § 61.46 Adjustments to the API. * * * * * (i) In no case shall a price cap local exchange carrier include data associated with services offered pursuant to contract tariff in the calculations required by this section. 11. Amend § 61.47 to revise
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99206.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99206.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99206.wp
  • (d)(1)(vii), to read as follows: § 61.45 Adjustments to the PCI for local exchange carriers. * * * * * (d) * * * (1) * * * (vii) Retargeting the PCI to the level specified by the Commission for carriers whose base year earnings are below the level of the lower adjustment mark, subject to the limitation in Section 69.731 of this chapter. 10. Amend § 61.46 to add paragraph (i) to read as follows: § 61.46 Adjustments to the API. * * * * * (i) In no case shall a price cap local exchange carrier include data associated with services offered pursuant to contract tariff in the calculations required by this section. 11. Amend § 61.47 to revise
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • this chapter; Such tax law changes and other extraordinary cost changes as the Commission shall permit or require be treated as exogenous by rule, rule waiver, or declaratory ruling; Retargeting the PCI to the level specified by the Commission for carriers whose base year earnings are below the level of the lower adjustment mark, subject to the limitation in § 69.731 of this chapter. The allocation of LFAM amounts will be allocated pursuant to §61.45(d)(3). This section shall not be applicable to tariff filings during the tariff year beginning July 1, 2000, but is applicable in subsequent years; Inside wire amortizations; The completion of amortization of equal access expenses. Local exchange carriers specified in §§ 61.41(a)(2) or (a)(3) shall, in their
• 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
  • the interstate jurisdiction. See 47 C.F.R. §§ 36.1 - 36.741. After the total amount of regulated, interstate cost is identified, the access charge and price cap rules translate these interstate costs into charges for the specific interstate access services and rate elements. Part 69 specifies in detail the rate structure for recovering these costs. See 47 C.F.R. §§ 69.1 - 69.731. These rules tell the incumbent LECs the precise manner in which they may assess interstate access charges on interexchange carriers and end users. Additionally, the Commission regulates the rate levels incumbents may charge for their access services, requiring them to comply with either the rate-of-return or the price-cap regulations. Compare 47 C.F.R. §§ 65.1 - 65.830 (relating to rate of
• http://transition.fcc.gov/eb/Orders/2001/fcc01185.doc http://transition.fcc.gov/eb/Orders/2001/fcc01185.html
  • the interstate jurisdiction. See 47 C.F.R. §§ 36.1 - 36.741. After the total amount of regulated, interstate cost is identified, the access charge and price cap rules translate these interstate costs into charges for the specific interstate access services and rate elements. Part 69 specifies in detail the rate structure for recovering these costs. See 47 C.F.R. §§ 69.1 - 69.731. Finally, Part 61 requires ILECs to publish their rates in tariffs, and the rules restrict how and when incumbents may change their rates. See 47 C.F.R. §§ 61.1 - 61.193. Additionally, the Commission regulates the rate levels ILECs may charge for their access services, requiring them to comply with either the rate-of-return or the price-cap regulations. Compare 47 C.F.R. §§
• http://transition.fcc.gov/eb/Orders/2011/FCC-11-5A1.html
  • Act of 1996, Report and Order, 18 FCC Rcd 19975, 19990, P: 32 (2003); see also Metrophones Telecommunications, Inc. v. Global Crossing Telecommunications, Inc., 423 F.3d 1056, 1067-70 (9th Cir. 2005) (and Commission orders cited therein), aff'd, Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., 550 U.S. 45 (2007). See, e.g., 47 U.S.C. S: 203; 47 C.F.R. S:S: 69.1 - 69.731; see n.32, supra. See generally 2001 CLEC Access Charge Reform Order, 16 FCC Rcd at 9957 (stating that "our tariff rules were historically intended to protect purchasers of service from monopoly providers, not to protect sellers from monopsony purchasing power"); In the Matter of Communique Telecommunications, Inc., Memorandum Opinion and Order, 14 FCC Rcd 13635, 13649, P: 26 (1999) (subsequent
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99206.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99206.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99206.wp
  • (d)(1)(vii), to read as follows: § 61.45 Adjustments to the PCI for local exchange carriers. * * * * * (d) * * * (1) * * * (vii) Retargeting the PCI to the level specified by the Commission for carriers whose base year earnings are below the level of the lower adjustment mark, subject to the limitation in Section 69.731 of this chapter. 10. Amend § 61.46 to add paragraph (i) to read as follows: § 61.46 Adjustments to the API. * * * * * (i) In no case shall a price cap local exchange carrier include data associated with services offered pursuant to contract tariff in the calculations required by this section. 11. Amend § 61.47 to revise
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • this chapter; Such tax law changes and other extraordinary cost changes as the Commission shall permit or require be treated as exogenous by rule, rule waiver, or declaratory ruling; Retargeting the PCI to the level specified by the Commission for carriers whose base year earnings are below the level of the lower adjustment mark, subject to the limitation in § 69.731 of this chapter. The allocation of LFAM amounts will be allocated pursuant to §61.45(d)(3). This section shall not be applicable to tariff filings during the tariff year beginning July 1, 2000, but is applicable in subsequent years; Inside wire amortizations; The completion of amortization of equal access expenses. Local exchange carriers specified in §§ 61.41(a)(2) or (a)(3) shall, in their
• 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
  • the interstate jurisdiction. See 47 C.F.R. §§ 36.1 - 36.741. After the total amount of regulated, interstate cost is identified, the access charge and price cap rules translate these interstate costs into charges for the specific interstate access services and rate elements. Part 69 specifies in detail the rate structure for recovering these costs. See 47 C.F.R. §§ 69.1 - 69.731. These rules tell the incumbent LECs the precise manner in which they may assess interstate access charges on interexchange carriers and end users. Additionally, the Commission regulates the rate levels incumbents may charge for their access services, requiring them to comply with either the rate-of-return or the price-cap regulations. Compare 47 C.F.R. §§ 65.1 - 65.830 (relating to rate of
• http://www.fcc.gov/eb/Orders/2001/fcc01185.doc http://www.fcc.gov/eb/Orders/2001/fcc01185.html
  • the interstate jurisdiction. See 47 C.F.R. §§ 36.1 - 36.741. After the total amount of regulated, interstate cost is identified, the access charge and price cap rules translate these interstate costs into charges for the specific interstate access services and rate elements. Part 69 specifies in detail the rate structure for recovering these costs. See 47 C.F.R. §§ 69.1 - 69.731. Finally, Part 61 requires ILECs to publish their rates in tariffs, and the rules restrict how and when incumbents may change their rates. See 47 C.F.R. §§ 61.1 - 61.193. Additionally, the Commission regulates the rate levels ILECs may charge for their access services, requiring them to comply with either the rate-of-return or the price-cap regulations. Compare 47 C.F.R. §§
• http://www.fcc.gov/eb/Orders/2011/FCC-11-5A1.html
  • Act of 1996, Report and Order, 18 FCC Rcd 19975, 19990, P: 32 (2003); see also Metrophones Telecommunications, Inc. v. Global Crossing Telecommunications, Inc., 423 F.3d 1056, 1067-70 (9th Cir. 2005) (and Commission orders cited therein), aff'd, Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., 550 U.S. 45 (2007). See, e.g., 47 U.S.C. S: 203; 47 C.F.R. S:S: 69.1 - 69.731; see n.32, supra. See generally 2001 CLEC Access Charge Reform Order, 16 FCC Rcd at 9957 (stating that "our tariff rules were historically intended to protect purchasers of service from monopoly providers, not to protect sellers from monopsony purchasing power"); In the Matter of Communique Telecommunications, Inc., Memorandum Opinion and Order, 14 FCC Rcd 13635, 13649, P: 26 (1999) (subsequent
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1101A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1101A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1101A1.txt
  • price cap LEC opting for an X-factor of 3.3. percent and earning a rate of return above 16.25 percent was required to share all earnings above that level with its access customers. Id. at 6801, para. 125. Id. at 6802, para. 127. This low end adjustment has been eliminated for price cap LECs that exercise pricing flexibility. 47 C.F.R. § 69.731. Id. at 6801, para. 120. See also Add Back Notice, 8 FCC Rcd at 4416, para. 7. Id. at 6803, para. 136. See also Policy and Rules Concerning Rates for Dominant Carriers, CC Docket No. 87-313, Order on Reconsideration, 6 FCC Rcd 2637, 2691 n.166 (1991) (LEC Price Cap Reconsideration Order), aff'd sub nom. National Rural Telecom Ass'n v. FCC,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-719A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-719A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-719A1.txt
  • 147-48 (1997), aff'd in part, rev'd in part and remanded in part sub nom. U.S. Telephone Ass'n v. FCC, 188 F.3d 521 (D.C. Cir. 1999). 47 C.F.R. § 61.45(d)(1)(vii); see also LEC Price Cap Order, 5 FCC Rcd at 6802, para. 127. The lower formula adjustment has been eliminated for price cap LECs that exercise pricing flexibility. 47 C.F.R. § 69.731. See Amendment of Part 65, Interstate Rate of Return Prescription: Procedures and Methodologies to Establish Reporting Requirements, CC Docket No. 86-127, Report and Order, 1 FCC Rcd 952, 956-57, para. 43 and Appendix C (1986). 1993 Annual Access Tariff Filings, CC Docket No. 93-193, National Exchange Carrier Association Universal Service Fund and Lifeline Assistance Rates, Transmittal No. 556, GSF Order
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.txt
  • subpart. 69.703 Definitions. 69.705 Procedure. 69.707 Geographic scope of petition. 69.709 Dedicated transport and special access service other than channel terminations between LEC end offices and customer premises. 69.711 Channel terminations between LEC end offices and customer premises. 69.713 Common line, traffic-sensitive, and tandem-switched transport services. 69.725 Attribution of revenues to particular wire centers. 69.727 Regulatory relief. 69.729 New services. 69.731 Low-end adjustment mechanism. PART 73-RADIO BROADCAST SERVICES SUBPART E-TELEVISION BROADCAST STATIONS Brief Description: This rule requires applicants who request a DTV allotment on channel 6 to submit an engineering study that demonstrates no interference will be caused by the allotment to FM radio stations on FM channels 200-220. Need: This rule prevents unwanted interference in FM channels 200-220. Legal Basis:
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-146A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-146A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-146A1.txt
  • the interstate jurisdiction. See 47 C.F.R. §§ 36.1 - 36.741. After the total amount of regulated, interstate cost is identified, the access charge and price cap rules translate these interstate costs into charges for the specific interstate access services and rate elements. Part 69 specifies in detail the rate structure for recovering these costs. See 47 C.F.R. §§ 69.1 - 69.731. These rules tell the incumbent LECs the precise manner in which they may assess interstate access charges on interexchange carriers and end users. Additionally, the Commission regulates the rate levels incumbents may charge for their access services, requiring them to comply with either the rate-of-return or the price-cap regulations. Compare 47 C.F.R. §§ 65.1 - 65.830 (relating to rate of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-185A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-185A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-185A1.txt
  • the interstate jurisdiction. See 47 C.F.R. §§ 36.1 - 36.741. After the total amount of regulated, interstate cost is identified, the access charge and price cap rules translate these interstate costs into charges for the specific interstate access services and rate elements. Part 69 specifies in detail the rate structure for recovering these costs. See 47 C.F.R. §§ 69.1 - 69.731. Finally, Part 61 requires ILECs to publish their rates in tariffs, and the rules restrict how and when incumbents may change their rates. See 47 C.F.R. §§ 61.1 - 61.193. Additionally, the Commission regulates the rate levels ILECs may charge for their access services, requiring them to comply with either the rate-of-return or the price-cap regulations. Compare 47 C.F.R. §§
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-151A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-151A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-151A1.txt
  • that elected a more challenging 4.3 percent X factor, 50 percent sharing began for rates of return above 13.25 percent, and 100 percent sharing began at rates of return above 17.25 percent. Id. at 6787-88, paras. 7-10. Id. at 6802, para. 127. This low end adjustment has been eliminated for price cap LECs that exercise pricing flexibility. 47 C.F.R. § 69.731. Id. at 6801, para. 120. See also Add-Back Notice, 8 FCC Rcd at 4416, para. 7. LEC Price Cap Order, 5 FCC Rcd at 6803, para. 136. See also Policy and Rules Concerning Rates for Dominant Carriers, CC Docket No. 87-313, Order on Reconsideration, 6 FCC Rcd 2637, 2691 n.166 (1991) (LEC Price Cap Reconsideration Order), aff'd sub nom. National
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-54A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-54A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-54A1.txt
  • they do give companies an incentive `to improve productivity to the maximum extent possible,' by entitling those that outperform the productivity offset to keep resulting profits.'') (citations omitted). One vestige of rate-of-return regulation that the price cap system retained - the low-end adjustment mechanism - has been eliminated for any price cap carriers exercising pricing flexibility. See 47 C.F.R. § 69.731. As a result, none of the BOCs may resort to the low-end adjustment, which would otherwise allow them to raise rates to target a 10.25% rate of return if they suffer low earnings. See AT&T Comments, Declaration of Lee L. Selwyn, paras. 29-32 (AT&T Selwyn Decl.). AT&T Selwyn Decl., para. 30; see 47 C.F.R. § 32.27(d); see also Sprint Reply,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-149A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-149A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-149A1.txt
  • cases) (3rd Cir. filed Oct. 26, 2005). The rates of price cap carriers are governed by their price cap index and actual price index calculations, which are unrelated to the carriers' earnings. Additionally, when a price cap carrier exercises pricing flexibility, it is prohibited thereafter from making a low-end adjustment in any portion of its service region. 47 C.F.R. § 69.731. This prohibition limits the ability of such carrier to use a reduction in earnings to increase its price cap index and consequently its rates. We note that, although extremely rare, price cap carriers retain the right to make an above cap filing. Id. § 61.45(g). Any such filing would have to be justified with a cost showing that demonstrated a
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-159A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-159A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-159A1.txt
  • Bur. 2001); Verizon Petitions for Pricing Flexibility for Special Access and Dedicated Transport Services, CCB/CPD Nos. 00-24, 00-28, Memorandum Opinion and Order, 16 FCC Rcd 5876 (Com. Car. Bur. 2001); BellSouth Petition for Pricing Flexibility for Special Access and Dedicated Transport Services, CCB/CPD No. 00-20, Memorandum Opinion and Order, 15 FCC Rcd 24588 (Com. Car. Bur. 2000). 47 C.F.R. § 69.731; Pricing Flexibility Order, 14 FCC Rcd at 14307, para. 167. The BOCs' implementation of these metrics is reviewed as part of the biennial audits. See AT&T/BellSouth Order, 22 FCC Rcd at 5807, Appendix F (Special Access); SBC/AT&T Merger Order, 20 FCC Rcd at 18317-18, para. 51; Verizon/MCI Order, 20 FCC Rcd at 18459-60, para. 51; Qwest Section 272 Sunset Forbearance
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-58A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-58A1.txt
  • compensation charges, to the extent that additional cost recovery was necessary. As another example, under the Commission's price cap rules, price cap carriers are allowed to increase their price cap indices if their earnings fall below 10.25%. 47 C.F.R. § 61.45(d)(1)(vii). Price cap carriers forego this right, however, if they avail themselves of "pricing flexibility" regulatory relief. 47 C.F.R. § 69.731. 121 Multi-Association Group (MAG) Plan for Regulation of Interstate Services of Non-Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, Federal-State Joint Board on Universal Service, CC Docket Nos. 96-45, 00-256, Report and Order and Second Further Notice of Proposed Rulemaking, 19 FCC Rcd 4122, 4163, para. 91 (2004) (MAG Second Further Notice). 122 National Broadband Plan at 147. 123
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-206A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-99-206A1.txt
  • (d)(1)(vii), to read as follows: § 61.45 Adjustments to the PCI for local exchange carriers. * * * * * (d) * * * (1) * * * (vii) Retargeting the PCI to the level specified by the Commission for carriers whose base year earnings are below the level of the lower adjustment mark, subject to the limitation in Section 69.731 of this chapter. 10. Amend § 61.46 to add paragraph (i) to read as follows: § 61.46 Adjustments to the API. * * * * * (i) In no case shall a price cap local exchange carrier include data associated with services offered pursuant to contract tariff in the calculations required by this section. 11. Amend § 61.47 to revise
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99206.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99206.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99206.wp
  • (d)(1)(vii), to read as follows: § 61.45 Adjustments to the PCI for local exchange carriers. * * * * * (d) * * * (1) * * * (vii) Retargeting the PCI to the level specified by the Commission for carriers whose base year earnings are below the level of the lower adjustment mark, subject to the limitation in Section 69.731 of this chapter. 10. Amend § 61.46 to add paragraph (i) to read as follows: § 61.46 Adjustments to the API. * * * * * (i) In no case shall a price cap local exchange carrier include data associated with services offered pursuant to contract tariff in the calculations required by this section. 11. Amend § 61.47 to revise
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • this chapter; Such tax law changes and other extraordinary cost changes as the Commission shall permit or require be treated as exogenous by rule, rule waiver, or declaratory ruling; Retargeting the PCI to the level specified by the Commission for carriers whose base year earnings are below the level of the lower adjustment mark, subject to the limitation in § 69.731 of this chapter. The allocation of LFAM amounts will be allocated pursuant to §61.45(d)(3). This section shall not be applicable to tariff filings during the tariff year beginning July 1, 2000, but is applicable in subsequent years; Inside wire amortizations; The completion of amortization of equal access expenses. Local exchange carriers specified in §§ 61.41(a)(2) or (a)(3) shall, in their
• 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
  • the interstate jurisdiction. See 47 C.F.R. §§ 36.1 - 36.741. After the total amount of regulated, interstate cost is identified, the access charge and price cap rules translate these interstate costs into charges for the specific interstate access services and rate elements. Part 69 specifies in detail the rate structure for recovering these costs. See 47 C.F.R. §§ 69.1 - 69.731. These rules tell the incumbent LECs the precise manner in which they may assess interstate access charges on interexchange carriers and end users. Additionally, the Commission regulates the rate levels incumbents may charge for their access services, requiring them to comply with either the rate-of-return or the price-cap regulations. Compare 47 C.F.R. §§ 65.1 - 65.830 (relating to rate of
• http://transition.fcc.gov/eb/Orders/2001/fcc01185.doc http://transition.fcc.gov/eb/Orders/2001/fcc01185.html
  • the interstate jurisdiction. See 47 C.F.R. §§ 36.1 - 36.741. After the total amount of regulated, interstate cost is identified, the access charge and price cap rules translate these interstate costs into charges for the specific interstate access services and rate elements. Part 69 specifies in detail the rate structure for recovering these costs. See 47 C.F.R. §§ 69.1 - 69.731. Finally, Part 61 requires ILECs to publish their rates in tariffs, and the rules restrict how and when incumbents may change their rates. See 47 C.F.R. §§ 61.1 - 61.193. Additionally, the Commission regulates the rate levels ILECs may charge for their access services, requiring them to comply with either the rate-of-return or the price-cap regulations. Compare 47 C.F.R. §§
• http://transition.fcc.gov/eb/Orders/2011/FCC-11-5A1.html
  • Act of 1996, Report and Order, 18 FCC Rcd 19975, 19990, P: 32 (2003); see also Metrophones Telecommunications, Inc. v. Global Crossing Telecommunications, Inc., 423 F.3d 1056, 1067-70 (9th Cir. 2005) (and Commission orders cited therein), aff'd, Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., 550 U.S. 45 (2007). See, e.g., 47 U.S.C. S: 203; 47 C.F.R. S:S: 69.1 - 69.731; see n.32, supra. See generally 2001 CLEC Access Charge Reform Order, 16 FCC Rcd at 9957 (stating that "our tariff rules were historically intended to protect purchasers of service from monopoly providers, not to protect sellers from monopsony purchasing power"); In the Matter of Communique Telecommunications, Inc., Memorandum Opinion and Order, 14 FCC Rcd 13635, 13649, P: 26 (1999) (subsequent
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99206.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99206.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99206.wp
  • (d)(1)(vii), to read as follows: § 61.45 Adjustments to the PCI for local exchange carriers. * * * * * (d) * * * (1) * * * (vii) Retargeting the PCI to the level specified by the Commission for carriers whose base year earnings are below the level of the lower adjustment mark, subject to the limitation in Section 69.731 of this chapter. 10. Amend § 61.46 to add paragraph (i) to read as follows: § 61.46 Adjustments to the API. * * * * * (i) In no case shall a price cap local exchange carrier include data associated with services offered pursuant to contract tariff in the calculations required by this section. 11. Amend § 61.47 to revise
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • this chapter; Such tax law changes and other extraordinary cost changes as the Commission shall permit or require be treated as exogenous by rule, rule waiver, or declaratory ruling; Retargeting the PCI to the level specified by the Commission for carriers whose base year earnings are below the level of the lower adjustment mark, subject to the limitation in § 69.731 of this chapter. The allocation of LFAM amounts will be allocated pursuant to §61.45(d)(3). This section shall not be applicable to tariff filings during the tariff year beginning July 1, 2000, but is applicable in subsequent years; Inside wire amortizations; The completion of amortization of equal access expenses. Local exchange carriers specified in §§ 61.41(a)(2) or (a)(3) shall, in their
• 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
  • the interstate jurisdiction. See 47 C.F.R. §§ 36.1 - 36.741. After the total amount of regulated, interstate cost is identified, the access charge and price cap rules translate these interstate costs into charges for the specific interstate access services and rate elements. Part 69 specifies in detail the rate structure for recovering these costs. See 47 C.F.R. §§ 69.1 - 69.731. These rules tell the incumbent LECs the precise manner in which they may assess interstate access charges on interexchange carriers and end users. Additionally, the Commission regulates the rate levels incumbents may charge for their access services, requiring them to comply with either the rate-of-return or the price-cap regulations. Compare 47 C.F.R. §§ 65.1 - 65.830 (relating to rate of
• http://www.fcc.gov/eb/Orders/2001/fcc01185.doc http://www.fcc.gov/eb/Orders/2001/fcc01185.html
  • the interstate jurisdiction. See 47 C.F.R. §§ 36.1 - 36.741. After the total amount of regulated, interstate cost is identified, the access charge and price cap rules translate these interstate costs into charges for the specific interstate access services and rate elements. Part 69 specifies in detail the rate structure for recovering these costs. See 47 C.F.R. §§ 69.1 - 69.731. Finally, Part 61 requires ILECs to publish their rates in tariffs, and the rules restrict how and when incumbents may change their rates. See 47 C.F.R. §§ 61.1 - 61.193. Additionally, the Commission regulates the rate levels ILECs may charge for their access services, requiring them to comply with either the rate-of-return or the price-cap regulations. Compare 47 C.F.R. §§
• http://www.fcc.gov/eb/Orders/2011/FCC-11-5A1.html
  • Act of 1996, Report and Order, 18 FCC Rcd 19975, 19990, P: 32 (2003); see also Metrophones Telecommunications, Inc. v. Global Crossing Telecommunications, Inc., 423 F.3d 1056, 1067-70 (9th Cir. 2005) (and Commission orders cited therein), aff'd, Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., 550 U.S. 45 (2007). See, e.g., 47 U.S.C. S: 203; 47 C.F.R. S:S: 69.1 - 69.731; see n.32, supra. See generally 2001 CLEC Access Charge Reform Order, 16 FCC Rcd at 9957 (stating that "our tariff rules were historically intended to protect purchasers of service from monopoly providers, not to protect sellers from monopsony purchasing power"); In the Matter of Communique Telecommunications, Inc., Memorandum Opinion and Order, 14 FCC Rcd 13635, 13649, P: 26 (1999) (subsequent