[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR69.104]

[Page 404-405]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 69_ACCESS CHARGES--Table of Contents
 
                    Subpart B_Computation of Charges
 
Sec. 69.104  End user common line for non-price cap incumbent local 
exchange carriers.

    (a) This section is applicable only to incumbent local exchange 
carriers that are not subject to price cap regulation as that term is 
defined in Sec. 61.3(ee) of this chapter. A charge that is expressed in 
dollars and cents per line per month shall be assessed upon end users 
that subscribe to local exchange telephone service or Centrex service to 
the extent they do not pay carrier common line charges. A charge that is 
expressed in dollars and cents per line per month shall be assessed upon 
providers of public telephones. Such charges shall be assessed for each 
line between the premises of an end user, or public telephone location, 
and a Class 5 office that is or may be used for local exchange service 
transmissions.
    (b) Charges to multi-line subscribers shall be computed by 
multiplying a single line rate by the number of lines used by such 
subscriber.
    (c) Until December 31, 2001, except as provided in paragraphs (d) 
through (h) of this section, the single-line rate or charge shall be 
computed by dividing one-twelfth of the projected annual revenue 
requirement for the End User Common Line element by the projected 
average number of local exchange service subscriber lines in use during 
such annual period.
    (d)(1) Until December 31, 2001, if the monthly charge computed in 
accordance with paragraph (c) of this section exceeds $6, the charge for 
each local exchange service subscriber line, except a residential line, 
a single-line business line, or a line used for Centrex-CO service that 
was in place or on order as of July 27, 1983, shall be $6.
    (2) Until December 31, 2001, the charge for each subscriber line 
associated with a public telephone shall be equal to the monthly charge 
computed in accordance with paragraph (d)(1) of this section.
    (e) Until December 31, 2001, the monthly charge for each residential 
and single-line business local exchange service subscriber shall be the 
charge computed in accordance with paragraph (c) of this section, or 
$3.50, whichever is lower.
    (f) Except as provided in Sec. 54.403 of this chapter, the charge 
for each residential local exchange service subscriber line shall be the 
same as the charge for each single-line business local exchange service 
subscriber line.
    (g) A line shall be deemed to be a residential line if the 
subscriber pays a rate for such line that is described as a residential 
rate in the local exchange service tariff.
    (h) A line shall be deemed to be a single line business line if the 
subscriber pays a rate that is not described as a residential rate in 
the local exchange service tariff and does not obtain more than one such 
line from a particular telephone company.
    (i) The End User Common Line charge for each multi-party subscriber 
shall be assessed as if such subscriber had subscribed to single-party 
service.
    (j)-(l) [Reserved]
    (m) No charge shall be assessed for any WATS access line.
    (n)(1) Beginning January 1, 2002, except as provided in paragraph 
(r) of this section, the maximum monthly charge for each residential or 
single-line business local exchange service subscriber line shall be the 
lesser of:
    (i) One-twelfth of the projected annual revenue requirement for the 
End User Common Line element divided by the projected average number of 
local exchange service subscriber lines in use during such annual 
period; or
    (ii) The following:
    (A) Beginning January 1, 2002, $5.00.
    (B) Beginning July 1, 2002, $6.00.
    (C) Beginning July 1, 2003, $6.50.
    (2) In the event that GDP-PI exceeds 6.5% or is less than 0%, the 
maximum monthly charge in paragraph (n)(1)(ii) of this section will be 
adjusted in the same manner as the adjustment in Sec. 69.152(d)(2).
    (o)(1) Beginning on January 1, 2002, except as provided in paragraph 
(r) of

[[Page 405]]

this section, the maximum monthly End User Common Line Charge for multi-
line business lines will be the lesser of:
    (i) $9.20; or
    (ii) One-twelfth of the projected annual revenue requirement for the 
End User Common Line element divided by the projected average number of 
local exchange service subscriber lines in use during such annual 
period;
    (2) In the event that GDP-PI is greater than 6.5% or is less than 
0%, the maximum monthly charge in paragraph (o)(1)(i) of this section 
will be adjusted in the same manner as the adjustment in Sec. 
69.152(k)(2).
    (p) Beginning January 1, 2002, non-price cap local exchange carriers 
shall assess:
    (1) No more than one End User Common Line charge as calculated under 
the applicable method under paragraph (n) of this section for Basic Rate 
Interface integrated services digital network (ISDN) service.
    (2) No more than five End User Common Line charges as calculated 
under paragraph (o) of this section for Primary Rate Interface ISDN 
service.
    (q) In the event a non-price cap local exchange carrier charges less 
than the maximum End User Common Line charge for any subscriber lines, 
the carrier may not recover the difference between the amount collected 
and the maximum from carrier common line charges, Interstate Common Line 
Support, or Long Term Support.
    (r) End User Common Line charge deaveraging. Beginning on January 1, 
2002, non-price cap local exchange carriers may geographically deaverage 
End User Common Line charges subject to the following conditions.
    (1) In order for a non-price cap local exchange carrier to be 
allowed to deaverage End User Common Line charges within a study area, 
the non-price cap local exchange carrier must have:
    (i) State commission-approved geographically deaveraged rates for 
UNE loops within that study area; or
    (ii) A universal service support disaggregation plan established 
pursuant to Sec. 54.315 of this chapter.
    (2) All geographic deaveraging of End User Common Line charges by 
customer class within a study area must be according to the state 
commission-approved UNE loop zone, or the universal service support 
disaggregation plan established pursuant to Sec. 54.315 of this 
chapter.
    (3) Within a given zone, Multi-line Business End User Common Line 
rates cannot fall below Residential and Single-Line Business rates.
    (4) For any given class of customer in any given zone, the End User 
Common Line Charge in that zone must be greater than or equal to the End 
User Common Line charge in the zone with the next lower cost per line.
    (5) A non-price cap local exchange carrier shall not receive more 
through deaveraged End User Common Line charges than it would have 
received if it had not deaveraged its End User Common Line charges.
    (6) Maximum charge. The maximum zone deaveraged End User Common Line 
Charge that may be charged in any zone is the applicable cap specified 
in paragraphs (n) or (o) of this section.
    (7) Voluntary Reductions. A ``Voluntary Reduction'' is one in which 
the non-price cap local exchange carrier charges End User Common Line 
rates below the maximum charges specified in paragraphs (n)(1) or (o)(1) 
of this section other than through offset of net increases in End User 
Common Line charge revenues or through increases in other zone 
deaveraged End User Common Line charges.

[48 FR 10358, Mar. 11, 1983, as amended at 48 FR 43018, Sept. 21, 1983; 
52 FR 21540, June 8, 1987; 53 FR 28395, July 28, 1988; 61 FR 65364, Dec. 
12, 1996; 62 FR 31933, June 11, 1997; 62 FR 32962, June 17, 1997; 66 FR 
59730, Nov. 30, 2001]