§  69.115   Special access surcharges.

   (a) Pending the development of techniques accurately to measure usage
   of exchange facilities that are interconnected by users with means of
   interstate or foreign telecommunications, a surcharge that is expressed
   in dollars and cents per line termination per month shall be assessed
   upon users that subscribe to private line services or WATS services
   that are not exempt from assessment pursuant to paragraph (e) of this
   section.

   (b) Such surcharge shall be computed to reflect a reasonable
   approximation of the carrier usage charges which, assuming non-premium
   interconnection, would have been paid for average interstate or foreign
   usage of common lines, end office facilities, and transport facilities,
   attributable to each Special Access line termination which is not
   exempt from assessment pursuant to paragraph (e) of this section.

   (c) If the association, carrier or carriers that file the tariff are
   unable to estimate such average usage for a period ending May 31, 1985,
   the surcharge for such period shall be twenty-five dollars ($25) per
   line termination per month. As of June 30, 2000, these rates will
   remain and be capped at the current levels until June 30, 2005.

   (d) A telephone company may propose reasonable and nondiscriminatory
   end user surcharges, to be filed in its federal access tariffs and to
   be applied to the use of exchange facilities which are interconected by
   users with means of interstate or foreign telecommunication which are
   not provided by the telephone company, and which are not exempt from
   assessment pursuant to paragraph (e) of this section. Telephone
   companies which wish to avail themselves of this option must undertake
   to use reasonable efforts to identify such means of interstate or
   foreign telecommunication, and to assess end user surcharges in a
   reasonable and nondiscriminatory manner.

   (e) No special access surcharges shall be assessed for any of the
   following terminations:

   (1) The open end termination in a telephone company switch of an FX
   line, including CCSA and CCSA-equivalent ONALs;

   (2) Any termination of an analog channel that is used for radio or
   television program transmission;

   (3) Any termination of a line that is used for telex service;

   (4) Any termination of a line that by nature of its operating
   characteristics could not make use of common lines; and

   (5) Any termination of a line that is subject to carrier usage charges
   pursuant to §  69.5.

   (6) Any termination of a line that the customer certifies to the
   exchange carrier is not connected to a PBX or other device capable of
   interconnecting a local exchange subscriber line with the private line
   or WATS access line.

   (47 U.S.C. 154 (i) and (j), 201, 202, 203, 205, 218 and 403 and 5
   U.S.C. 553)

   [ 48 FR 43019 , Sept. 21, 1983, as amended at  49 FR 7829 , Mar. 2, 1984;
    51 FR 10841 , Mar. 31, 1986;  52 FR 8259 , Mar. 17, 1987;  65 FR 38701 ,
   June 21, 2000]

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