[Code of Federal Regulations] [Title 47, Volume 3] [Revised as of October 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 47CFR61.40] [Page 203] TITLE 47--TELECOMMUNICATION CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED) PART 61_TARIFFS--Table of Contents Subpart E_General Rules for Dominant Carriers Sec. 61.40 Private line rate structure guidelines. (a) The Commission uses a variety of tools to determine whether a carrier's private line tariffs are just, reasonable, and nondiscriminatory. The carrier's burden of cost justification can be reduced when its private line rate structures comply with the following five guidelines. (1) Rate structures for the same or comparable services should be integrated; (2) Rate structures for the same or comparable services should be consistent with one another; (3) Rate elements should be selected to reflect market demand, pricing convenience for the carrier and customers, and cost characteristics; a rate element which appears separately in one rate structure should appear separately in all other rate structures; (4) Rate elements should be consistently defined with respect to underlying service functions and should be consistently employed through all rate structures; and (5) Rate structures should be simple and easy to understand. (b) The guidelines do not preclude a carrier, in a given case when a private line tariff does not comply with these guidelines, from justifying its departure from the guidelines and showing that its tariff is just, reasonable, and nondiscriminatory.