Goto Section: 61.2 | 61.13 | Table of Contents
Revised as of December 4, 2012
Goto Year:2011 |
§ 61.3 Definitions.
(a) Act. The Communications Act of 1934 (48 Stat. 1004; 47 U.S.C.
chapter 5), as amended.
(b) Actual Price Index (API). An index of the level of aggregate rate
element rates in a basket, which index is calculated pursunt to
(c) Association. This term has the meaning given it in § 69.2(d).
(d) Average Price Cap CMT Revenue per Line month. (1) Price Cap CMT
Revenue (as defined in § 61.3(cc)) per month as of July 1, 2000
(adjusted to remove Universal Service Contributions assessed to local
exchange carriers pursuant to § 54.702 of this chapter) using 2000
annual filing base period demand, divided by the 2000 annual filing
base period demand. In filing entities with multiple study areas, if it
becomes necessary to calculate the Average Price Cap CMT Revenue per
Line month for a specific study area, then the Average Price Cap CMT
Revenue per Line month for that study area is determined as follows,
using base period demand revenues (adjusted to remove Universal Service
Contributions assessed to Local Exchange Carriers pursuant to § 54.702
of this chapter), Base Factor Portion (BFP) and 2000 annual filing base
Average Price Cap CMT Revenue per Line Month in a study area = Price
Cap CMT Revenue × (BFP in the study area ÷ (BFP in the Filing Entity)
÷(Lines in the study area.
(2) Nothing in this definition precludes a price cap local exchange
carrier from continuing to average rates across filing entities
containing multiple study areas, where permitted under existing rules.
(3) Average Price Cap CMT Revenues per Line month may be adjusted after
July 1, 2000 to reflect exogenous costs pursuant to § 61.45(d).
(4) Average Price Cap CMT Revenues per Line month may also be adjusted
pursuant to § 61.45 (b)(1)(iii).
(e) Average Traffic Sensitive Charge. (1) The Average Traffic Sensitive
Charge (ATS charge) is the sum of the following two components:
(i) The Local Switching (LS) component. The LS component will be
calculated by dividing the proposed LS revenues (End Office Switch, LS
trunk ports, Information Surcharge, and signalling transfer point (STP)
port) by the base period LS minutes of use (MOUs); and
(ii) The Transport component. The Transport component will be
calculated by dividing the proposed Transport revenues (Switched Direct
Trunk Transport, Signalling for Switched Direct Trunk Transport,
Entrance Facilities for Switched Access traffic, Tandem Switched
Transport, Signalling for Tandem Switching and residual per minute
Transport Interconnection Charge (TIC) pursuant to § 69.155 of this
chapter) by price cap local exchange carrier only base period MOUs
(including meet-point billing arrangements for jointly-provided
interstate access by a price cap local exchange carrier and any other
local exchange carrier).
(2) For the purposes of determining whether the ATS charge has reached
the Target Rate as set forth in § 61.3(qq), the calculations should
include all the relevant revenues and minutes for services provided
under generally available price cap tariffs.
(f) Band. A zone of pricing flexibility for a service category, which
zone is calculated pursuant to § 61.47.
(g) Base period. For carriers subject to § § 61.41 through 61.49, the
12-month period ending six months prior to the effective date of annual
price cap tariffs. Base year or base period earnings shall exclude
amounts associated with exogenous adjustments to the PCI for the lower
formula adjustment mechanism permitted by § 61.45(d)(1)(vii).
(h) Basket. Any class or category of tariffed service or charge:
(1) Which is established by the Commission pursuant to price cap
(2) The rates of which are reflected in an Actual Price Index; and
(3) The related revenues of which are reflected in a Price Cap Index.
(i) Change in rate structure. A restructuring or other alteration of
the rate components for an existing service.
(j) Charges. The price for service based on tariffed rates.
(k) Commercial contractor. The commercial firm to whom the Commission
annually awards a contract to make copies of Commission records for
sale to the public.
(l) Commission . The Federal Communications Commission.
(m) Concurring carrier. A carrier (other than a connecting carrier)
subject to the Act which concurs in and assents to schedules of rates
and regulations filed on its behalf by an issuing carrier or carriers.
(n) Connecting carrier. A carrier engaged in interstate or foreign
communication solely through physical connection with the facilities of
another carrier not directly or indirectly controlling or controlled
by, or under direct or indirect common control with, such carrier.
(o) Contract-based tariff. A tariff based on a service contract entered
into between a non-dominant carrier and a customer, or between a
customer and a price cap local exchange carrier which has obtained
permission to offer contract-based tariff services pursuant to part 69,
subpart H, of this chapter.
(p) Corrections. The remedy of errors in typing, spelling, or
(q) Dominant carrier. A carrier found by the Commission to have market
power ( i.e., power to control prices).
(r) GDP Price Index (GDP-PI). The estimate of the Chain-Type Price
Index for Gross Domestic Product published by the United States
Department of Commerce, which the Commission designates by Order.
(s) GNP Price Index (GNP-PI). The estimate of the “Fixed-Weighted Price
Index for Gross National Product, 1982 Weights” published by the United
States Department of Commerce, which the Commission designates by
(t) Incumbent Local Exchange Carrier. “ Incumbent Local Exchange
Carrier” or “ILEC” has the same meaning as that term is defined in 47
(u) Issuing carrier. A carrier subject to the Act that publishes and
files a tariff or tariffs with the Commission.
(v) Line month. Line demand per month multiplied by twelve.
(w) Local exchange carrier. Any person that is engaged in the provision
of telephone exchange service or exchange access as defined in section
3(26) of the Act.
(x) Mid-size company. All price cap local exchange carriers other than
the Regional Bell Operating Companies and GTE.
(y) New service offering. A tariff filing that provides for a class or
sub-class of service not previously offered by the carrier involved and
that enlarges the range of service options available to ratepayers.
(z) Non-dominant carrier. A carrier not found to be dominant. The
nondominant status of providers of international interexchange services
for purposes of this subpart is not affected by a carrier's
classification as dominant under § 63.10 of this chapter.
(aa) Other participating carrier. A carrier subject to the Act that
publishes a tariff containing rates and regulations applicable to the
portion or through service it furnishes in conjunction with another
(bb) Price Cap Local Exchange Carrier. A local exchange carrier subject
to regulation pursuant to § 61.41 through 61.49.
(cc) Pooled Local Switching Revenue. For certain qualified companies as
set forth in § 61.48 (m), is the amount of additional local switching
reductions in the July 2000 Annual filing allowed to be moved and
recovered in the CMT basket.
(dd) Price Cap CMT Revenue. The maximum total revenue a filing entity
would be permitted to receive from End User Common Line charges under
§ 69.152 of this chapter, Presubscribed Interexchange Carrier charges
(PICCs) under § 69.153 of this chapter, Carrier Common Line charges
under § 69.154 of this chapter, and Marketing under § 69.156 of this
chapter, using Base Period lines. Price Cap CMT Revenue does not
include the price cap local exchange carrier universal service
contributions as of July 1, 2000. The Price Cap CMT revenue does not
include the pooled local switching revenue outlined in paragraph (bb)
of this section.
(ee) Price Cap Index (PCI). An index of prices applying to each basket
of services of each carrier subject to price cap regulation, and
calculated pursuant to § 61.45.
(ff) Price cap regulation. A method of regulation of dominant carriers
provided in § § 61.41 through 61.49.
(gg) Price cap tariff filing. Any tariff filing involving a service
subject to price cap regulation, or that requires calculations pursuant
to § § 61.45, 61.46, or 61.47.
(ii) Rate. The tariffed price per unit of service.
(jj) Rate increase. Any change in a tariff which results in an
increased rate or charge to any of the filing carrier's customers.
(kk) Rate level change. A tariff change that only affects the actual
rate associated with a rate element, and does not affect any tariff
regulations or any other wording of tariff language.
(ll) Regulations. The body of carrier prescribed rules in a tariff
governing the offering of service in that tariff, including rules,
practices, classifications, and definitions.
(mm) Restructured service. An offering which represents the
modification of a method of charging or provisioning a service; or the
introduction of a new method of charging or provisioning that does not
result in a net increase in options available to customers.
(nn) Rural Company. A company that, as of December 31, 1999, was
certified to the Commission as a rural telephone company.
(oo) Service Band Index (SBI). An index of the level of aggregate rate
element rates in a service category, which index is calculated pursuant
to § 61.47.
(pp) Service category. Any group of rate elements subject to price cap
regulation, which group is subject to a band.
(qq) Supplement. A publication filed as part of a tariff for the
purpose of suspending or canceling that tariff, or tariff publication
and numbered independently from the tariff page series.
(rr) Target Rate. The applicable Target Rate shall be defined as
(1) For regional Bell Operating Companies and GTE, $0.0055 per ATS
minute of use;
(2) For a holding company with a holding company average of less than
19 Switched Access End User Common Line charge lines per square mile
served such company may elect to use a Target Rate of $0.0095 with
respect to all exchanges owned by that holding company on July 1, 2000,
or which that holding company is, as of April 1, 2000, under a binding
and executed contract to purchase;
(3) For other price cap local exchange carriers, $0.0065 per ATS minute
(ss) Tariff. Schedules of rates and regulations filed by common
(tt) Tariff publication, or publication. A tariff, supplement, revised
page, additional page, concurrence, notice of revocation, adoption
notice, or any other schedule of rates or regulations filed by common
(uu) Tariff year. The period from the day in a calendar year on which a
carrier's annual access tariff filing is scheduled to become effective
through the preceding day of the subsequent calendar year.
(vv) Text change. A change in the text of a tariff which does not
result in a change in any rate or regulation.
(ww) United States. The several States and Territories, the District of
Columbia, and the possessions of the United States.
(xx) Corridor service. “Corridor service” refers to interLATA services
offered in the “limited corridors” established by the District Court in
United States v. Western Electric Co., Inc., 569 F. Supp. 1057, 1107
(yy) Toll dialing parity. “Toll dialing parity” exists when there is
dialing parity, as defined in § 51.5 of this chapter, for toll
(zz) Loop-based services. Loop-based services are services that employ
Subcategory 1.3 facilities, as defined in § 36.154 of this chapter.
(aaa) Zone Average Revenue per Line. The amount calculated as follows:
Zone Average Revenue per Line = (25% * (Loop + Port)) + U (Uniform
revenue per line adjustment)
Loop = the price for unbundled loops in a UNE zone.
Port = the price for switch ports in that UNE zone.
U = [(Average Price Cap CMT Revenue per Line month in a study area *
price cap local exchange carrier Base Period Lines) − (25% * Σ (price
cap local exchange carrier Base Period Lines in a UNE Zone * ((Loop +
Port ) for all zones)))] ÷ price cap local exchange carrier Base Period
Lines in a study area.
(bbb) Access stimulation.
(1) A rate-of-return local exchange carrier or a Competitive Local
Exchange Carrier engages in access stimulation when it satisfies the
following two conditions:
(i) Has an access revenue sharing agreement, whether express, implied,
written or oral, that, over the course of the agreement, would directly
or indirectly result in a net payment to the other party (including
affiliates) to the agreement, in which payment by the rate-of-return
local exchange carrier or Competitive Local Exchange Carrier is based
on the billing or collection of access charges from interexchange
carriers or wireless carriers. When determining whether there is a net
payment under this rule, all payments, discounts, credits, services,
features, functions, and other items of value, regardless of form,
provided by the rate-of-return local exchange carrier or Competitive
Local Exchange Carrier to the other party to the agreement shall be
taken into account; and
(ii) Has either an interstate terminating-to-originating traffic ratio
of at least 3:1 in a calendar month, or has had more than a 100 percent
growth in interstate originating and/or terminating switched access
minutes of use in a month compared to the same month in the preceding
(2) The local exchange carrier will continue to be engaging in access
stimulation until it terminates all revenue sharing arrangements
covered in paragraph (a)(1)(i) of this section. A local exchange
carrier engaging in access stimulation is subject to revised interstate
switched access charge rules under § 61.38 and § 69.3(e)(12) of this
[ 54 FR 19840 , May 8, 1989]
Editorial Note: For Federal Register citations affecting § 61.3,
see the List of CFR Sections Affected, which appears in the Finding
Aids section of the printed volume and at www.fdsys.gov .
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Goto Section: 61.2 | 61.13
Goto Year: 2011 |
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