§  69.105   Carrier common line for non-price cap local exchange carriers.

   (a) This section is applicable only to local exchange carriers that are
   not subject to price cap regulation as that term is defined in
   §  61.3(ee) of this chapter. Until June 30, 2003, a charge that is
   expressed in dollars and cents per line per access minute of use shall
   be assessed upon all interexchange carriers that use local exchange
   common line facilities for the provision of interstate or foreign
   telecommunications services, except that the charge shall not be
   assessed upon interexchange carriers to the extent they resell MTS or
   MTS-type services of other common carriers (OCCs).

   (b)(1) For purposes of this section and §  69.113:

   (i) A carrier or other person shall be deemed to receive premium access
   if access is provided through a local exchange switch that has the
   capability to provide access for an MTS-WATS equivalent service that is
   substantially equivalent to the access provided for MTS or WATS, except
   that access provided for an MTS-WATS equivalent service that does not
   use such capability shall not be deemed to be premium access until six
   months after the carrier that provides such MTS-WATS equivalent service
   receives actual notice that such equivalent access is or will be
   available at such switch;

   (ii) The term open end of a call describes the origination or
   termination of a call that utilizes exchange carrier common line plant
   (a call can have no, one, or two open ends); and

   (iii) All open end minutes on calls with one open end (e.g., an 800 or
   FX call) shall be treated as terminating minutes.

   (2) For association Carrier Common Line tariff participants:

   (i) The premium originating Carrier Common Line charge shall be one
   cent per minute, except as described in §  69.105(b)(3), and

   (ii) The premium terminating Carrier Common Line charge shall be
   computed as follows:

   (A) For each telephone company subject to price cap regulation,
   multiply the company's proposed premium originating rate by a number
   equal to the sum of the premium originating base period minutes and a
   number equal to 0.45 multiplied by the non-premium originating base
   period minutes of that telephone company;

   (B) For each telephone company subject to price cap regulation,
   multiply the company's proposed premium terminating rate by a number
   equal to the sum of the premium terminating base period minutes and a
   number equal to 0.45 multiplied by the non-premium terminating base
   period minutes of that telephone company;

   (C) Sum the numbers computed in paragraphs (b)(2)(ii) (A) and (B) of
   this section for all companies subject to price cap regulation;

   (D) From the number computed in paragraph (b)(2)(ii)(C) of this
   section, subtract a number equal to one cent times the sum of the
   premium originating base period minutes and a number equal to 0.45
   multiplied by the non-premium originating base period minutes of all
   telephone companies subject to price cap regulation, and;

   (E) Divide the number computed in paragraph (b)(2)(ii)(D) of this
   section by the sum of the premium terminating base period minutes and a
   number equal to 0.45 multiplied by the non-premium terminating base
   period minutes of all telephone companies subject to price cap
   regulation.

   (3) If the calculations described in §  69.105(b)(2) result in a per
   minute charge on premium terminating minutes that is less than once
   cent, both the originating and terminating premium charges for the
   association CCL tariff participants shall be computed by dividing the
   number computed in paragraph (b)(2)(ii)(C) of this section by a number
   equal to the sum of the premium originating and terminating base period
   minutes and a number equal to 0.45 multiplied by the sum of the
   non-premium originating and terminating base period minutes of all
   telephone companies subject to price cap regulation.

   (4) The Carrier Common Line charges of telephone companies that are not
   association Carrier Common Line tariff participants shall be computed
   at the level of Carrier Common Line access element aggregation selected
   by such telephone companies pursuant to §  69.3(e)(7). For each such
   Carrier Common Line access element tariff—

   (i) The premium originating Carrier Common Line charge shall be one
   cent per minute, and

   (ii) The premium terminating Carrier Common Line charge shall be
   computed by subtracting the projected revenues generated by the
   originating Carrier Common Line charges (both premium and non-premium)
   from the Carrier Common Line revenue requirement for the companies
   participating in that tariff, and dividing the remainder by the sum of
   the projected premium terminating minutes and a number equal to .45
   multiplied by the projected non-premium terminating minutes for such
   companies.

   (5) If the calculations described in §  69.105(b)(4) result in a per
   minute charge on premium terminating minutes that is less than one
   cent, both the originating and terminating premium charges for the
   companies participating in said Carrier Common Line tariff shall be
   computed by dividing the projected Carrier Common Line revenue
   requirement for such companies by the sum of the projected premium
   minutes and a number equal to .45 multiplied by the projected
   non-premium minutes for such companies.

   (6) Telephone companies that are not association Carrier Common Line
   tariff participants shall submit to the Commission and to the
   association whatever data the Commission shall determine are necessary
   to calculate the charges described in this section.

   (c) Any interexchange carrier shall receive a credit for Carrier Common
   Line charges to the extent that it resells services for which these
   charges have already been assessed (e.g., MTS or MTS-type service of
   other common carriers).

   (d) From July 1, 2002, to June 30, 2003, the carrier common line charge
   calculations pursuant to this section shall be limited to an amount
   equal to the number of projected residential and single-line business
   lines multiplied by the difference between the residential and
   single-line business End User Common Line rate cap and the lesser of
   $6.50 or the non-price cap local exchange carrier's average cost per
   line.

   [ 51 FR 10841 , Mar. 31, 1986, as amended at  52 FR 21541 , June 8, 1987;
    54 FR 6293 , Feb. 9, 1989;  55 FR 42386 , Oct. 19, 1990;  56 FR 21618 , May
   10, 1991;  62 FR 31933 , June 11, 1997;  66 FR 59731 , Nov. 30, 2001]

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