§ 61.39   Optional supporting information to be submitted with letters of
transmittal for Access Tariff filings by incumbent local exchange carriers
serving 50,000 or fewer access lines in a given study area that are described
as subset 3 carriers in § 69.602.

   (a) Scope. Except as provided in paragraph (g) of this section, This section
   provides for an optional method of filing for any local exchange carrier
   that is described as a subset 3 carrier in § 69.602 of this chapter, 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 § 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 § 61.15. 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 incumbent 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 incumbent local exchange carrier that is a cost
   schedule  carrier  must  propose  Traffic 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 incumbent local exchange carrier's
   last annual filing, with related demand for the same period.

   (2) For a tariff change, the incumbent local exchange carrier that is an
   average schedule carrier must propose Traffic Sensitive rates based on the
   following:

   (i) For the first period, the incumbent 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 incumbent 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:
   eCFR graphic er20jy11.005.gif

   View or download PDF

   Where:
   eCFR graphic er20jy11.006.gif

   View or download PDF

   And where:

   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:
   eCFR graphic er20jy11.007.gif

   View or download PDF

   Where:
   eCFR graphic er20jy11.008.gif

   View or download PDF

   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 incumbent 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 incumbent 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:
   eCFR graphic er20jy11.009.gif

   View or download PDF

   Where:
   eCFR graphic er20jy11.010.gif

   View or download PDF

   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:
   eCFR graphic er20jy11.011.gif

   View or download PDF

   Where:
   eCFR graphic er20jy11.012.gif

   View or download PDF

   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 incumbent local exchange carrier must provide supporting
   information  for  the  two-year  historical  period with its letter of
   transmittal in accordance with § 61.38.

   (c) Maximum allowable rate of return. Incumbent Local exchange carriers
   filing tariffs under this section are not required to comply with § § 65.700
   through 65.701 of this chapter, 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 incumbent
   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
   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 local exchange carrier; and

   (2) Data to establish compliance with this paragraph 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 issuing carrier shall indicate the transmittal number under
   which that page was submitted.

   (g) A local exchange carrier otherwise eligible to file a tariff pursuant to
   this section may not do so if it is engaging in access stimulation, as that
   term is defined in § 61.3(bbb) of this part, and has not terminated its
   access  revenue  sharing  agreement(s). A carrier so engaged must file
   interstate access tariffs in accordance with § 61.38, and § 69.3(e)(12)(1) of
   this chapter.

   [ 76 FR 43212 , July 20, 2011, as amended at  76 FR 73882 , Nov. 29, 2011]

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