[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR61.39]
[Page 199-201]
TITLE 47--TELECOMMUNICATION
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
PART 61_TARIFFS--Table of Contents
Subpart E_General Rules for Dominant Carriers
Sec. 61.39 Optional supporting information to be submitted with letters of
transmittal for Access Tariff filings effective on or after April 1, 1989, by
local exchange carriers serving 50,000 or fewer access lines in a
given study area that are described as subset 3 carriers in Sec. 69.602.
(a) Scope. This section provides for an optional method of filing
for any local exchange carrier that is described as subset 3 carrier in
Sec. 69.602, which elects to issue its own Access Tariff for a period
commencing on or after April 1, 1989, and which serves 50,000 or fewer
access lines in a study area as determined under Sec. 36.611(a)(8) of
this chapter. However, the Commission may require any carrier to submit
such information as may be necessary for review of a tariff filing. This
section (other than the preceding sentence of this paragraph) shall not
apply to tariff filings of local exchange carriers subject to price cap
regulation.
(b) Explanation and data supporting tariff changes. The material to
be submitted to either a tariff change or a new tariff which affects
rates or charges must include an explanation of the filing in the
transmittal as required by Sec. 61.33. The basis for ratemaking must
comply with the following requirements. Except as provided in paragraph
(b)(5) of this section, it is not necessary to submit this supporting
data at the time of filing. However, the local exchange carrier should
be prepared to submit the data promptly upon reasonable request by the
Commission or interested parties.
(1) For a tariff change, the local exchange carrier that is a cost
schedule carrier must propose Tariff Sensitive rates based on the
following:
(i) For the first period, a cost of service study for Traffic
Sensitive elements for the most recent 12 month period with related
demand for the same period.
(ii) For subsequent filings, a cost of service study for Traffic
Sensitive elements for the total period since the local exchange
carrier's last annual filing, with related demand for the same period.
(2) For a tariff change, the local exchange company that is an
average schedule carrier must propose Traffic Sensitive rates based on
the following:
(i) For the first period, the local exchange carrier's most recent
annual Traffic Sensitive settlement from the National Exchange Carrier
Association pool.
(ii) For subsequent filings, an amount calculated to reflect the
Traffic Sensitive average schedule pool settlement the carrier would
have received if the carrier had continued to participate, based upon
the most recent average schedule formulas approved by the Commission.
(3) For a tariff change, the local exchange carrier that is a cost
schedule carrier must propose Common Line rates based on the following:
(i) For the first biennial filing, the common line revenue
requirement shall be determined by a cost of service study for the most
recent 12-month period. Subscriber line charges shall be based on cost
and demand data for the same period. Carrier common line rates shall be
determined by the following formula:
[GRAPHIC] [TIFF OMITTED] TR06JN97.008
where:
[GRAPHIC] [TIFF OMITTED] TR06JN97.009
And where:
[[Page 200]]
CCL Rev Req = carrier common line revenue requirement for the most
recent 12-month period;
CCL MOUb = carrier common line minutes of use for the most recent 12-
month period;
CCL MOU1 = CCL MOUb; and
CCL MOU0 = carrier common line minutes of use for the 12-month period
preceding the most recent 12-month period.
(ii) For subsequent biennial filings, the common line revenue
requirement shall be determined by a cost of service study for the most
recent 24-month period. Subscriber line charges shall be based on cost
and demand data for the same period. Carrier common line rates shall be
determined by the following formula:
[GRAPHIC] [TIFF OMITTED] TR06JN97.010
Where:
[GRAPHIC] [TIFF OMITTED] TR06JN97.011
And where:
CCL Rev Req = carrier common line revenue requirement for the most
recent 24-month period;
CCL MOUb = carrier common line minutes of use for the most
recent 24-month period;
CCL MOU1 = carrier common line minutes of use for the 12-
month period; and
CCL MOU0 = carrier common line minutes of use for the 12-
month period preceding the most recent 12-month period.
(4) For a tariff change, the local exchange carrier which is an
average schedule carrier must propose common line rates based on the
following:
(i) For the first biennial filings, the common line revenue
requirement shall be determined by the local exchange carrier's most
recent annual Common Line settlement from the National Exchange Carrier
Association. Subscriber line charges shall be based on cost and demand
data for the same period. Carrier common line rates shall be determined
by the following formula:
[GRAPHIC] [TIFF OMITTED] TR06JN97.012
Where:
[GRAPHIC] [TIFF OMITTED] TR06JN97.013
And where:
CCL Rev Req = carrier common line settlement for the most recent 12-
month period;
CCL MOUb = carrier common line minutes of use for the most recent 12-
month period;
CCL MOU1 = CCL MOUb; and
CCL MOU0 = carrier common line minutes of use for the 12-month period
preceding the most recent 12-month period.
(ii) For subsequent biennial filings, the common line revenue
requirement shall be an amount calculated to reflect the average
schedule pool settlements the carrier would have received if the carrier
had continued to participate in the carrier common line pool, based upon
the average schedule Common Line formulas developed by the National
Exchange Carrier Association for the most recent 24-month period.
Subscriber line charges shall be based on cost and demand data for the
same period. Carrier common line rates shall be determined by the
following formula:
[GRAPHIC] [TIFF OMITTED] TR06JN97.014
Where:
[GRAPHIC] [TIFF OMITTED] TR06JN97.015
And where:
CCL Rev Req = carrier common line settlement for the most recent 24-
month period;
CCL MOUb = carrier common line minutes of use for the most recent 24-
month period;
CCL MOU1 = carrier common line minutes of use for the most recent 12-
month period; and
CCL MOU0 = carrier common line minutes of use for the 12-month period
preceding the most recent 12-month period.
(5) For End User Common Line charges included in a tariff pursuant
to this Section, the local exchange carrier must provide supporting
information for the two-year historical period with its letter of
transmittal in accordance with Sec. 61.38.
(c) Maximum allowable rate of return. Local exchange carriers filing
tariffs under this section are not required to
[[Page 201]]
comply with Sec. Sec. 65.700 through 65.701, inclusive, of the
Commission's Rules, except with respect to periods during which tariffs
were not subject to this section. The Commission may require any carrier
to submit such information if it deems it necessary to monitor the
carrier's earnings. However, rates must be calculated based on the local
exchange carrier's prescribed rate of return applicable to the period
during which the rates are effective.
(d) Rates for a new service that is the same as that offered by a
price cap regulated local exchange carrier providing service in an
adjacent serving area are deemed presumptively lawful, if the proposed
rates, in the aggregate, are no greater than the rates established by
the price cap local exchange carrier. Tariff filings made pursuant to
this paragraph must include the following:
(1) A brief explanation of why the service is like an existing
service offered by a geographically adjacent price cap regulated local
exchange carrier; and
(2) Data to establish compliance with this subsection that, in
aggregate, the proposed rates for the new service are no greater than
those in effect for the same or comparable service offered by that same
geographically adjacent price cap regulated local exchange carrier.
Compliance may be shown through submission of applicable tariff pages of
the adjacent carrier; a showing that the serving areas are adjacent; any
necessary explanations and work sheets.
(e) Average schedule companies filing pursuant to this section shall
retain their status as average schedule companies.
(f) On each page of cost support material submitted pursuant to this
section, the carrier shall indicate the transmittal number under which
that page was submitted.
[52 FR 26682, July 16, 1987, as amended at 53 FR 36289, Sept. 19, 1988;
55 FR 42382, Oct. 19, 1990; 58 FR 36147, July 6, 1993; 62 FR 31004, June
6, 1997; 64 FR 46588, Aug. 26, 1999]