[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR69.152]

[Page 426-429]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 69_ACCESS CHARGES--Table of Contents
 
 Subpart C_Computation of Charges for Price Cap Local Exchange Carriers
 
Sec. 69.152  End user common line for price cap local
exchange carriers.

    (a) 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

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dollars and cents per line per month shall be assessed upon providers of 
public telephones. Such charge 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) [Reserved]
    (c) The charge for each subscriber line associated with a public 
telephone shall be equal to the monthly charge computed in accordance 
with paragraph (k) of this section.
    (d)(1) Beginning July 1, 2000, in a study area that does not have 
deaveraged End User Common Line Charges, the maximum monthly charge for 
each primary residential or single-line business local exchange service 
subscriber line shall be the lesser of:
    (i) The Average Price Cap CMT Revenue per Line month as defined in 
Sec. 61.3(d) of this chapter; or
    (ii) The following:
    (A) On July 1, 2000, $4.35.
    (B) On July 1, 2001, $5.00.
    (C) On July 1, 2002, $6.00.
    (D) On 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 (d)(1)(ii) of this section and the 
cap will be adjusted pursuant to Sec. 61.45(b)(1)(iii) of this chapter.
    (e)(1) Beginning July 1, 2000, in a study area that does not have 
deaveraged End User Common Line Charges, the maximum monthly charge for 
each non-primary residential local exchange service subscriber line 
shall be the lesser of:
    (i) $7.00; or
    (ii) The greater of:
    (A) The rate as of June 30, 2000 less reductions needed to ensure 
over recovery of CMT Revenues does not occur; or
    (B) The Average Price Cap CMT Revenue per Line month as defined in 
Sec. 61.3(d) of this chapter.
    (2) In the event that GDP-PI is greater than 6.5% or is less than 
0%, the maximum monthly charge in paragraph (e)(1)(i) of this section 
and the cap will be adjusted pursuant to Sec. 61.45(b)(1)(iii) of this 
chapter.
    (3) Where the local exchange carrier provides a residential line to 
another carrier so that the other carrier may resell that residential 
line to a residence that already receives a primary residential line, 
the local exchange carrier may collect the non-primary residential 
charge described in paragraph (e) of this section from the other 
carrier.
    (f) The charge for each primary 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 subscriber line if 
the subscriber pays a rate for such line that is described as a 
residential rate in the local exchange service tariff.
    (h) Effective July 1, 1999, only one of the residential subscriber 
lines a price cap local exchange carrier provides to a location shall be 
deemed to be a primary residential line.
    (1) Effective July 1, 1999, for purposes of Sec. 69.152(h) of this 
chapter, ``residential subscriber line'' includes residential lines that 
a price cap local exchange carrier provides to a competitive local 
exchange carrier that resells the line and on which the price cap local 
exchange carrier may assess access charges.
    (2) Effective July 1, 1999, if a customer subscribes to residential 
lines from a price cap local exchange carrier and at least one reseller 
of the price cap local exchange carrier's lines, the line sold by the 
price cap local exchange carrier shall be the primary line, except that 
if a resold price cap LEC line is already the primary line, the resold 
line will remain the primary line should a price cap local exchange 
carrier subsequently sell an additional line to that residence.
    (i) A line shall be deemed to be a single-line business subscriber 
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.
    (j) No charge shall be assessed for any WATS access line.
    (k)(1) Beginning on July 1, 2000, for any study area that does not 
have deaveraged End User Common Line charges and in the absence of 
voluntary reductions, the maximum monthly End User Common Line

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Charge for multi-line business lines will be the lesser of:
    (i) $9.20; or
    (ii) The greater of:
    (A) The rate as of June 30, 2000, less reductions needed to ensure 
over recovery of CMT Revenues does not occur; or
    (B) The Average Price Cap CMT Revenue per Line month as defined in 
Sec. 61.3(d) of this chapter.
    Note to paragraph (k)(1): Except when the local exchange carrier 
reduces the rate through voluntary reductions, the multi-line business 
End User Common Line charge will be frozen until the study area's multi-
line business PICC and CCL charge are eliminated.
    (2) In the event that GDP-PI is greater than 6.5% or is less than 
0%, the maximum monthly charge in paragraph (k)(1)(i) of this section 
and the cap will be adjusted pursuant to Sec. 61.45(b)(1)(iii) of this 
chapter.
    (l)(1) Beginning January 1, 1998, local exchange carrier shall 
assess no more than one End User Common Line charge as calculated under 
the applicable method under paragraph (e) of this section for Basic Rate 
Interface integrated services digital network (ISDN) service.
    (2) Local exchange carriers shall assess no more than five End User 
Common Line charges as calculated under paragraph (k) of this section 
for Primary Rate Interface ISDN service.
    (m) In the event the local exchange carrier charges less than the 
maximum End User Common Line charge for any subscriber lines, the local 
exchange carrier may not recover the difference between the amount 
collected and the maximum from carrier common line charges or PICCs.
    (n)-(p) [Reserved]
    (q) End User Common Line Charge De-Averaging. Beginning on July 1, 
2000, local exchange carriers may geographically deaverage End User 
Common Line charges subject to the following conditions:
    (1) In order for a price cap local exchange carrier to be allowed to 
de-average End User Common Line charges within a study area, the price 
cap local exchange carrier must have state Commission approved 
geographically deaveraged rates for UNE loops within that study area. 
Except where a LEC geographically deaverages through voluntary 
reductions, before a price cap local exchange carrier may geographically 
deaverage its End User Common Line rates, its Originating and 
Terminating CCL and Multi-line Business PICC rates in that study area 
must equal $0.00.
    (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. Solely for the purposes of 
determining interstate subscriber line charges and the interstate access 
universal service support described in Sec. Sec. 54.806 and 54.807 of 
this chapter, a price cap local exchange carrier may not have more than 
four geographic End User Common Line Charge/Universal Service zones 
absent a review by the Commission. Where a price cap local exchange 
carrier has more than four state-created UNE zones and the Commission 
has not approved use of additional zones, the price cap local exchange 
carrier will determine, at its discretion, which state-created UNE zones 
to consolidate so that it has no more than four zones for the purpose of 
determining interstate subscriber line charges and interstate access 
universal service support.
    (3) Within a given zone, Multi-line Business End User Common Line 
rates cannot fall below Primary Residential and Single-Line Business or 
Non-Primary Residential End User Common Line charges. Non-Primary End 
User Common Line charges cannot fall below Primary Residential and 
Single-Line Business charges.
    (4) For any given class of customer in any given zone, the Zone 
deaveraged End User Common Line Charge in that zone must be greater than 
or equal to the Zone deaveraged End User Common Line charge in the zone 
with the next lower Zone Average Revenue Per Line.
    (5) The sum of all revenues per month that would be generated from 
all deaveraged End User Common Line charges in all zones within a study 
area plus Interstate Access Universal Service Support per Line month (as 
defined in Sec. 54.807 of this chapter) for the applicable customer 
classes and zones receiving such support multiplied by corresponding 
base period lines, divided by the number of base period lines in that

[[Page 429]]

study area cannot exceed Average Price Cap CMT Revenue per Line month as 
defined in Sec. 61.3(d) of this chapter for that study area. In 
addition, the sum of revenues per month that would be generated from all 
deaveraged End User Common Line charges in all End User Common Line 
charge deaveraging zones within a study area plus revenues per month 
from all End User Common Line charge, multi-line business PICC and CCL 
charges from study areas within that study area that have not 
geographically deaveraged End User Common Line charges plus the sum of 
all Interstate Access Universal Service Support per Line month (as 
defined in Sec. 54.807 of this chapter) for the applicable customer 
classes and zones receiving such support, multiplied by the 
corresponding base period lines for the applicable customer classes and 
zones within the study area, divided by the number of total base period 
lines in the study area cannot exceed Average Price Cap CMT Revenue per 
Line month as defined in Sec. 61.3(d) of this chapter for the study 
area.
    (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 Sec. 69.152(d)(1), Sec. 69.152(e)(1)(i) or Sec. 69.152 (k)(1)(i) 
Zone Average Revenue Per Line is the Average Price Cap CMT Revenue per 
Line month allocated to a particular state-defined zone used for 
deaveraging of UNE loop prices. The zone average revenue per line is 
computed pursuant to Sec. 61.3 (zz) of this chapter.
    (7) Minimum charge. Except where a local exchange carrier chooses to 
lower the deaveraged End User Common Line charge through voluntary 
reductions, the minimum zone deaveraged End User Common Line charge in 
any zone in a study area is at least the Minimum End User Common Line 
charge. Minimum End User Common Line charge is Zone Average Revenue Per 
Line for the zone with the lowest Zone Average Revenue Per Line in that 
study area plus an amount per line calculated to recover the difference 
between Interstate Access Universal Service Support Per Line (as defined 
in Sec. 54.807 of this chapter) multiplied by base period lines for the 
applicable customer class and zones receiving such support and Study 
Area Above Benchmark Revenues, first from Zone 1 until the End User 
Common Line charges in Zone 1 equal the End User Common Line charges in 
Zone 2, and then from lines in Zones 1 and 2 equally until the End User 
Common Line charges in those Zones reach Zone 3 (with all End User 
Common Line charges subject to the applicable residential and multi-line 
business lines nominal caps).
    (i) For the purposes of this part, ``Study Area Above Benchmark 
Revenues'' is the sum of all Zone Above Benchmark Revenues.
    (ii) For the purposes of this part, ``Zone Above Benchmark 
Revenues'' is calculated as follows:
    Zone Above Benchmark Revenues is the sum of Zone Above Benchmark 
Revenues for Residential and Single-line Business lines and Zone Above 
Benchmark Revenues for Multi-line Business lines. Zone Above Benchmark 
Revenues for Residential and Single-line Business lines is, within each 
zone, (Zone Average Revenue Per Line minus $7.00) multiplied by all 
eligible telecommunications carrier Base Period Residential and Single-
line Business lines times 12. If negative, the Zone Above Benchmark 
Revenues for Residential and Single-line Business lines for the zone is 
zero. Zone Above Benchmark Revenues for Multi-line Business lines is, 
within each zone,
    (Zone Average Revenue Per Line minus $9.20) multiplied by all 
eligible telecommunications carrier zone Base Period Multi-line Business 
lines times 12. If negative, the Zone Above Benchmark Revenues for 
Multi-line Business lines for the zone is zero.
    (8) Voluntary Reductions. A ``Voluntary Reduction'' is one in which 
the local exchange carrier reduces prices other than through offset of 
net increases in End User Common Line charge revenues or Interstate 
Access Universal Service support received pursuant to Sec. 54.807 of 
this chapter, or through increases in other zone deaveraged End User 
Common Line charges.

[65 FR 38701, June 21, 2000; 65 FR 57744, Sept. 26, 2000]

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