[Title 47 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 1997 Edition]
[From the U.S. Government Publishing Office]


[[Page 1]]

          47



          Telecommunication



          PARTS 40 TO 69

                         Revised as of October 1, 1997

          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT
          AS OF OCTOBER 1, 1997

          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration
          as a Special Edition of
          the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1997



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 47:
    Chapter I--Federal Communications Commission (Continued)..       3
  Finding Aids:
    Material Approved for Incorporation by Reference..........     449
    Table of CFR Titles and Chapters..........................     451
    Alphabetical List of Agencies Appearing in the CFR........     467
    Table of OMB Control Numbers..............................     477
    List of CFR Sections Affected.............................     485



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--------------------------------------------------------------

   Cite this Code:  CFR

   To cite the regulations in this volume use title, part and
   section number. Thus,  47 CFR 41.1 refers to title 47, part
   41, section 1.

--------------------------------------------------------------


[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 1997), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.

[[Page vii]]

    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

October 1, 1997.



[[Page ix]]



                               THIS TITLE

    Title 47--Telecommunication is composed of five volumes. The parts 
in these volumes are arranged in the following order: Parts 0-19, parts 
20-39, parts 40-69, parts 70-79, and part 80 to End, chapter I--Federal 
Communications Commission. The last volume, part 80 to End, also 
includes chapter II--Office of Science and Technology Policy and 
National Security Council, and chapter III--National Telecommunications 
and Information Administration, Department of Commerce. The contents of 
these volumes represent all current regulations codified under this 
title of the CFR as of October 1, 1997.

    Part 73 contains a numerical designation of FM broadcast channels 
(Sec. 73.201) and a table of FM allotments designated for use in 
communities in the United States, its territories, and possessions 
(Sec. 73.202). Part 73 also contains a numerical designation of 
television channels (Sec. 73.603) and a table of allotments which 
contain channels designated for the listed communities in the United 
States, its territories, and possessions (Sec. 73.606).

    The OMB control numbers for the Federal Communications Commission, 
appear in Sec. 0.408 of chapter I. For the convenience of the user 
Sec. 0.408 is reprinted in the Finding Aids section of the second 
through fifth volumes.

    A redesignation table appears in the Finding Aids section of the 
volume containing part 80 to End.

    For this volume Karen A. Thornton was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page x]]




[[Page 1]]



                      TITLE 47--TELECOMMUNICATION




                   (This book contains parts 40 to 69)

  --------------------------------------------------------------------

                                                                    Part

Chapter i--Federal Communications Commission (Continued)....          41

[[Page 3]]



     CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION--(CONTINUED)




  --------------------------------------------------------------------

           SUBCHAPTER B--COMMON CARRIER SERVICES--(CONTINUED)

Part                                                                Page
41              Telegraph and telephone franks..............           5
42              Preservation of records of communication 
                    common carriers.........................           6
43              Reports of communication common carriers and 
                    certain affiliates......................           8
51              Interconnection.............................          16
52              Numbering...................................          51
53              Special provisions concerning Bell operating 
                    companies...............................          65
54              Universal service...........................          70
59              Infrastructure sharing......................          96
61              Tariffs.....................................          97
62              Applications to hold interlocking 
                    directorates............................         136
63              Extension of lines and discontinuance, 
                    reduction, outage and impairment of 
                    service by common carriers; and grants 
                    of recognized private operating agency 
                    status..................................         139
64              Miscellaneous rules relating to common 
                    carriers................................         174
65              Interstate rate of return prescription 
                    procedures and methodologies............         222
68              Connection of terminal equipment to the 
                    telephone network.......................         231
69              Access charges..............................         392

Cross Reference:   

    Excise taxes on communications services and facilities: Internal 
Revenue, 26 CFR Part 49.

[[Page 4]]


Supplemental Publications:   

  Annual Reports of the Federal Communications Commission to Congress.

  Federal Communications Commission Reports of Orders and Decisions.

  Communications Act of 1934 (with amendments and index thereto), Recap. 
Version, May 1989.

  Study Guide and Reference Material for Commercial Radio Operator 
Examinations, May 1979 edition.

[[Page 5]]



           SUBCHAPTER B--COMMON CARRIER SERVICES  (CONTINUED)





PART 41--TELEGRAPH AND TELEPHONE FRANKS--Table of Contents




                               Definitions

Sec.
41.1  Definition of terms as used in this part.

                      General Application of Rules

41.11  Services to which rules apply.
41.12  Persons to whom rules apply.
41.13  Carriers, services, and persons to which rules do not apply.

                     Limitation and Form of Issuance

41.21  Amount of free service permitted.
41.22  Name of person.

                       Administrative Regulations

41.31  Records to be maintained and reports to be filed.
41.32  Existing franks not conforming declared void.

    Authority:  Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. 
Interpret or apply sec. 210, 48 Stat. 1073, as amended (47 U.S.C. 210).

    Source:  28 FR 13200, Dec. 5, 1963, unless otherwise noted.

                               Definitions



Sec. 41.1  Definition of terms as used in this part.

    As used in this part:
    (a) The term frank means any authority which authorizes free, or 
partially free, service.
    (b) The term families means the wives, husbands, minor children, and 
other dependents of the officers, employees, or agents permitted to 
receive and use franks, but no other person.
    (c) The terms officer, agent, and employee include furloughed, 
pensioned, and superannuated officers, agents, and employees.

                      General Application of Rules



Sec. 41.11  Services to which rules apply.

    Franks valid for interstate or foreign telegraph or telephone 
service may be issued or used and free service may be rendered only in 
accordance with the provisions in this part.



Sec. 41.12  Persons to whom rules apply.

    Full time officers, agents, and employees, and their families, of 
railroad companies, merchant ship companies, motor bus companies, air 
transport companies, telephone companies, telegraph companies, sleeping 
car companies, express companies, and pipeline companies (common 
carriers not subject to the Communications Act of 1934, as amended), 
may, at the discretion of carriers subject to the Act, receive at less 
than regularly established rates applicable to the service rendered.



Sec. 41.13  Carriers, services, and persons to which rules do not apply.

    The rules in this part shall not apply to:
    (a) Services rendered pursuant to lawful contracts for exchange of 
services under section 201(b) of the Act and which contracts are filed 
with the Commission, any free service rendered by a cable company 
pursuant to any obligation of its landing license, or any service 
rendered pursuant to any rule or order issued under the authority 
transferred by section 601 of the Act.
    (b) Except as provided in this part, services rendered in connection 
with situations involving the safety of life and property, including 
hydrographic reports, weather reports, reports regarding aids to 
navigation and medical assistance to injured or sick persons on ships 
and aircraft at sea, as provided in section 359(e) of the Act, or in 
furnishing of reports of positions of ships at sea to newspapers of 
general circulation, as provided in section 201(b) of the Act.
    (c) Free or concession service now or hereafter granted to officers, 
agents, or employees of common carriers subject to the Act, and to their 
families.
    (d) Service rendered pursuant to the provisions of Sec. 2.405 of 
this chapter.

[[Page 6]]

                     Limitation and Form of Issuance



Sec. 41.21  Amount of free service permitted.

    No franks shall be issued by any carrier authorizing free service to 
any person on which the published charges would, in the aggregate, 
exceed $50 in any 1 calendar year; nor shall any person use or attempt 
to use any frank in any calendar year for free service on which the 
charges at the duly published rates would, in the aggregate, exceed $50.



Sec. 41.22  Name of person.

    Each frank shall be issued by a duly authorized officer of the 
carrier granting the privilege and shall show the name of the person to 
whom it is issued; and it shall be valid only for service rendered that 
person.

                       Administrative Regulations



Sec. 41.31  Records to be maintained and reports to be filed.

    Common carriers subject to the Act shall maintain records and file 
reports as follows:
    (a) Each such carrier shall maintain its records in such manner as 
to reflect at all times the name and address of every person holding a 
telegraph or telephone frank and the office, employment or relationship 
held by each such person entitling him to a frank; and each such carrier 
shall keep such basic records as would enable it, if ordered by the 
Commission, to compile a statement for the last preceding calendar year 
prior to such order or for any other period during which it is required 
by other rules to retain such records, showing the above information 
together with the number of franked communications handled under each 
frank during such period and the aggregate charges in dollars which 
would have accrued to the carrier for all of the free service rendered 
under each frank during such period if charges for all such 
communications had been collected at the published tariff rates.
    (b) With respect to the communications referred to in Sec. 41.13 
every carrier subject to the Act shall maintain its records in such a 
manner as to show the number of each class of such communications 
handled free of charge: Provided, That with respect to personal 
telephone calls of officers, agents, or employees of common carriers 
subject to the Act made free of charge or at reduced rates from 
telephone company official stations it shall be sufficient, in lieu of 
such record maintenance, if the carrier be at all times prepared, upon 
appropriate request, to make studies which will show the number of each 
class of such communications handled free of charge or at reduced rates.
    (c) Each such carrier shall maintain its records in such a manner as 
to show the number of reports of positions of ships at sea furnished to 
newspapers of general circulation without charge, or at nominal charges, 
as authorized in section 201(b) of the Act.



Sec. 41.32  Existing franks not conforming declared void.

    All outstanding franks which do not conform to the rules in this 
part shall be void after August 11, 1939.



PART 42--PRESERVATION OF RECORDS OF COMMUNICATION COMMON CARRIERS--Table of Contents




                              Applicability

Sec.
42.01  Applicability.

                          General Instructions

42.1  Scope of the regulations in this part.
42.2  Designation of a supervisory official.
42.3  Protection and storage of records.
42.4  Index of records.
42.5  Preparation and preservation of reproductions of original records.
42.6  Retention of telephone toll records.
42.7  Retention of other records.

  Specific Instructions for Carriers Offering Detariffed Interexchange 
                                Services

42.10  Public availability of information concerning detariffed 
          interexchange services.
42.11  Retention of information concerning detariffed interexchange 
          services.

    Authority:  Sec. 4(i), 48 Stat. 1066, as amended, 47 U.S.C. 154(i). 
Interprets or applies secs. 219 and 220, 48 Stat. 1077-78, 47 U.S.C. 
219, 220.

    Source:  51 FR 32653, Sept. 15, 1986, unless otherwise noted.

[[Page 7]]

                              Applicability



Sec. 42.01  Applicability.

    This part prescribes the regulations governing the preservation of 
records of communication common carriers that are fully subject to the 
jurisdiction of the Commission.

                          General Instructions



Sec. 42.1  Scope of the regulations in this part.

    (a) The regulations in this part apply to all accounts, records, 
memoranda, documents, papers, and correspondence prepared by or on 
behalf of the carrier as well as those which come into its possession in 
connection with the acquisition of property, such as by purchase, 
consolidation, merger, etc.
    (b) The regulations in this part shall not be construed as requiring 
the preparation of accounts, records, or memoranda not required to be 
prepared by other regulations, such as the Uniform System of Accounts, 
except as provided hereinafter.
    (c) The regulations in this part shall not be construed as excusing 
compliance with any other lawful requirement for the preservation of 
records.



Sec. 42.2  Designation of a supervisory official.

    Each carrier subject to the regulations in this part shall designate 
one or more officials to supervise the preservation of its records.



Sec. 42.3  Protection and storage of records.

    The carrier shall protect records subject to the regulations in this 
part from damage from fires, and other hazards and, in the selection of 
storage spaces, safeguard the records from unnecessary exposure to 
deterioration.



Sec. 42.4  Index of records.

    Each carrier shall maintain at its operating company headquarters a 
master index of records. The master index shall identify the records 
retained, the related retention period, and the locations where the 
records are maintained. The master index shall be subject to review by 
Commission staff and the Commission shall reserve the right to add 
records, or lengthen retention periods upon finding that retention 
periods may be insufficient for its regulatory purposes. When any 
records are lost or destroyed before expiration of the retention period 
set forth in the master index, a certified statement shall be added to 
the master index, as soon as practicable, listing, as far as may be 
determined, the records lost or destroyed and describing the 
circumstances of the premature loss or destruction. At each office of 
the carrier where records are kept or stored, the carrier shall arrange, 
file, and currently index the records on site so that they may be 
readily identified and made available to representatives of the 
Commission.



Sec. 42.5  Preparation and preservation of reproductions of original records.

    (a) Each carrier may use a retention medium of its choice to 
preserve records in lieu of original records, provided that they observe 
the requirements of paragraphs (b) and (c) of this section.
    (b) A paper or microfilm record need not be created to satisfy the 
requirements of this part if the record is initially prepared in 
machine-readable medium such as punched cards, magnetic tapes, and 
disks. Each record kept in a machine-readable medium shall be 
accompanied by a statement clearly indicating the type of data included 
in the record and certifying that the information contained in it has 
been accurately duplicated. This statement shall be executed by a person 
duplicating the records. The records shall be indexed and retained in 
such a manner that they are easily accessible, and the carrier shall 
have the facilities available to locate, identify and reproduce the 
records in readable form without loss of clarity.
    (c) Records may be retained on microfilm provided they meet the 
requirements of the Federal Business Records Act (28 U.S.C. 1732).



Sec. 42.6  Retention of telephone toll records.

    Each carrier that offers or bills toll telephone service shall 
retain for a period of 18 months such records as are

[[Page 8]]

necessary to provide the following billing information about telephone 
toll calls: the name, address, and telephone number of the caller, 
telephone number called, date, time and length of the call. Each carrier 
shall retain this information for toll calls that it bills whether it is 
billing its own toll service customers for toll calls or billing 
customers for another carrier.

[51 FR 39536, Oct. 29, 1986]



Sec. 42.7  Retention of other records.

    Except as specified in Sec. 42.6, each carrier shall retain records 
identified in its master index of records for the period established 
therein. Records relevant to complaint proceedings not already contained 
in the index of records should be added to the index as soon as a 
complaint is filed and retained until final disposition of the 
complaint. Records a carrier is directed to retain as the result of a 
proceeding or inquiry by the Commission to the extent not already 
contained in the index will also be added to the index and retained 
until final disposition of the proceeding or inquiry.

  Specific Instructions for Carriers Offering Detariffed Interexchange 
                                Services



Sec. 42.10  Public availability of information concerning detariffed interexchange services.

    A nondominant interexchange carrier shall make available to any 
member of the public, in at least one location, during regular business 
hours, information concerning its current rates, terms and conditions 
for all of its detariffed interstate, domestic, interexchange services. 
Such information shall be made available in an easy to understand format 
and in a timely manner. When responding to an inquiry or complaint from 
the public concerning rates, terms and conditions for such services, a 
carrier shall specify that such information is available and the manner 
in which the public may obtain the information.

[61 FR 59366, Nov. 22, 1996]



Sec. 42.11  Retention of information concerning detariffed interexchange services.

    (a) A nondominant interexchange carrier shall maintain, for 
submission to the Commission upon request, price and service information 
regarding all of the carrier's detariffed interstate, domestic, 
interexchange service offerings. The price and service information 
maintained for purposes of this paragraph (a) shall include, but not be 
limited to, the information that such carrier makes available to the 
public pursuant to Sec. 42.10, as well as documents supporting the 
rates, terms, and conditions of the carrier's detariffed interstate, 
domestic, interexchange offerings. The information maintained pursuant 
to this section shall be maintained in a manner that allows the carrier 
to produce such records within ten business days.
    (b) The price and service information maintained pursuant to this 
section shall be retained for a period of at least two years and six 
months following the date the carrier ceases to provide services 
pursuant to such rates, terms and conditions.
    (c) A nondominant interexchange carrier shall file with the 
Commission, and update as necessary, the name, address, and telephone 
number of the individual(s) designated by the carrier to respond to 
Commission inquiries and requests for documents about the carrier's 
detariffed interstate, domestic, interexchange services.

[61 FR 59366, Nov. 22, 1996]



PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN AFFILIATES--Table of Contents




Sec.
43.01  Applicability.
43.21  Annual reports of carriers and certain affiliates.
43.41  [Reserved]
43.43  Reports of proposed changes in depreciation rates.
43.51  Contracts and concessions.
43.53  Reports regarding division of international toll communication 
          charges.
43.61  Reports of international telecommunications traffic.
43.72  [Reserved]

[[Page 9]]

43.81  Reports of carriers owned by foreign telecommunications entities.
43.82  International circuit status reports.

    Authority:  47 U.S.C. 154; Telecommunications Act of 1996, Pub. L. 
104-104, secs. 402 (b)(2)(B), (c), 110 Stat. 56 (1996) as amended unless 
otherwise noted. 47 U.S.C. 211, 219, 220 as amended.

    Source:  28 FR 13214, Dec. 5, 1963, unless otherwise noted.



Sec. 43.01  Applicability.

    (a) The sections in this part include requirements which have been 
promulgated under authority of sections 211 and 219 of the 
Communications Act of 1934, as amended, with respect to the filing by 
communication common carriers and certain of their affiliates of 
periodic reports and certain other data, but do not include certain 
requirements relating to the filing of information with respect to 
specific services, accounting systems and other matters incorporated in 
other parts of this chapter.
    (b) Except as provided in paragraph (c) of this section, carriers 
becoming subject to the provisions of the several sections of this part 
for the first time, shall, within thirty (30) days of becoming subject, 
file the required data as set forth in the various sections of this 
part.
    (c) Carriers becoming subject to the provisions of Secs. 43.21 and 
43.43 for the first time, because their annual operating revenues equal 
or exceed the indexed revenue threshold for a given year, shall begin 
collecting data pursuant to such provisions in the calendar year 
following the publication of that indexed revenue threshold in the 
Federal Register. With respect to such initial filing of reports by any 
carrier, pursuant to the provisions of Sec. 43.21 (d), (e), (f), (g), 
(h), (i), (j), and (k), the carrier is to begin filing data for the 
calendar year following the publication of that indexed revenue 
threshold in the Federal Register by April 1 of the second calendar year 
following publication of that indexed revenue threshold in the Federal 
Register.

[28 FR 13214, Dec. 5, 1963, as amended at 62 FR 39778, July 24, 1997]



Sec. 43.21  Annual reports of carriers and certain affiliates.

    (a) Communication common carriers having annual operating revenues 
in excess of the indexed revenue threshold, as defined in Sec. 32.9000, 
and certain companies (as indicated in paragraph (b) of this section) 
directly or indirectly controlling such carriers shall file with the 
Commission annual reports or an annual letter as provided in this 
section. Except as provided in paragraph (b) of this section, each 
annual report required by this section shall be filed no later than 
April 1 of each year, covering the preceding calendar year. It shall be 
filed on the appropriate report form prescribed by the Commission (see 
Sec. 1.785 of this chapter) and shall contain full and specific answers 
to all questions propounded and information requested in the currently 
effective report forms. The number of copies to be filed shall be 
specified in the applicable report form. At least one copy of this 
report shall be signed on the signature page by the responsible 
accounting officer. A copy of each annual report shall be as retained in 
the principal office of the respondent and shall be filed in such manner 
to be readily available for reference and inspection.
    (b) Each company, not itself a communication common carrier, that 
directly or indirectly controls any communication common carrier that 
has annual operating revenues equal to or above the indexed revenue 
threshold, as defined in Sec. 32.9000, shall file annually with the 
Commission, not later than the date prescribed by the Securities and 
Exchange Commission for its purposes, two complete copies of any annual 
report Forms 10-K (or any superseding form) filed with that Commission.
    (c) Each miscellaneous common carrier (as defined by Sec. 21.2 of 
this chapter) with operating revenues for a calendar year in excess of 
the indexed revenue threshold, as defined in Sec. 32.9000, shall file 
with the Common Carrier Bureau Chief a letter showing its operating 
revenues for that year and the value of its total communications plant 
at the end of that year. This letter must be filed no later than April 1 
of the following year. Those miscellaneous common

[[Page 10]]

carriers with annual operating revenues that equal or surpass the 
indexed revenue threshold for the first time may file the letter up to 
one month after publication of the adjusted revenue threshold in the 
Federal Register, but in no event shall such carriers be required to 
file the letter prior to April 1.
    (d) Each communications common carrier required by order to file a 
manual allocating its costs between regulated and nonregulated 
operations shall file, on or before April 1:
    (1) A three-year forecast of regulated and nonregulated use of 
network plant for the current calendar year and the two calendar years 
following, and investment pool projections and allocations for the 
current calendar year; and
    (2) A report of the actual use of network plant investment for the 
prior calendar year.
    (e) Each local exchange carrier with annual operating reveunes equal 
to or above the indexed revenue threshold shall file, no later than 
April 1 of each year, reports showing:
    (1) Its revenues, expenses and investment for all accounts 
established in part 32 of this chapter, on an operating company basis,
    (2) The same part 32 of this chapter, on a study area basis, with 
data for regulated and nonregulated operations for those accounts which 
are related to the carrier's revenue requirement, and
    (3) The separations categories on a study area basis, with each 
category further divided into access elements and a nonaccess interstate 
category.
    (f) Each local exchange carrier with operating revenues for the 
preceding year that equal or exceed the indexed revenue threshold shall 
file, no later than April 1 of each year, a report showing for the 
previous calendar year its revenues, expenses, taxes, plant in service, 
other investment and depreciation reserves, and other such data as are 
required by the Commission, on computer media prescribed by the 
Commission. The total operating results shall be allocated between 
regulated and nonregulated operations, and the regulated data shall be 
further divided into the following categories: State and interstate, and 
the interstate will be further divided into common line, traffic 
sensitive access, special access, and nonaccess.
    (g) Each local exchange carrier for whom price cap regulation is 
mandatory and every local exchange carrier that elects to be covered by 
the price cap rules shall file, by April 1 of each year, a report 
designed to capture trends in service quality under price cap 
regulation. The report shall contain data relative to network measures 
of service quality, as defined by the Common Carrier Bureau, from the 
previous calendar year on a study area basis.
    (h) Each local exchange carrier for whom price regulation is 
mandatory shall file, by April 1 of each year, a report designed to 
capture trends in service quality under price cap regulation. The report 
shall contain data relative to customer measures of service quality, as 
defined by the Common Carrier Bureau, from the previous calendar year on 
a study area basis.
    (i) Each local exchange carrier for whom price regulation is 
mandatory shall file, by April 1 of each year, a report containing data 
from the previous calendar year on a study area basis that are designed 
to capture trends in telephone industry infrastructure development under 
price cap regulation.
    (j) Each local exchange carrier with annual operating revenues that 
equal or exceed the indexed revenue threshold shall file, no later than 
April 1 of each year, a report containing data from the previous 
calendar year on an operating company basis. Such report shall combine 
statistical data designed to monitor network growth, usage, and 
reliability.
    (k) Each designated interstate carrier with operating revenues for 
the preceding year that equal or exceed the indexed revenue threshold 
shall file, no later than April 1 of each year, a report showing for the 
previous calendar year its revenues, expenses, taxes, plant in service, 
other investments and depreciation reserves, and such other data as are 
required by the Commission, on computer media prescribed by the 
Commission. The total operating results shall be allocated between 
regulated and nonregulated operations, and the regulated data shall be 
further divided into the following categories:

[[Page 11]]

State and interstate, and the interstate will be further divided into 
common line, traffic sensitive access, special access, and nonaccess.

[28 FR 13214, Dec. 5, 1963, as amended at 49 FR 10122, Mar. 19, 1984; 50 
FR 41153, Oct. 9, 1985; 51 FR 37024, Oct. 17, 1986; 52 FR 35918, Sept. 
24, 1987; 58 FR 36143, July 6, 1993; 61 FR 50245, Sept. 25, 1996; 62 FR 
39778, July 24, 1997]



Sec. 43.41  [Reserved]



Sec. 43.43  Reports of proposed changes in depreciation rates.

    (a) Each communication common carrier with annual operating expenses 
that equal or exceed the indexed revenue threshold, as defined in 
Sec. 32.9000, and that has been found by this Commission to be a 
dominant carrier with respect to any communications service shall, 
before making any changes in the depreciation rates applicable to its 
operated plant, file with the Commission a report furnishing the data 
described in the subsequent paragraphs of this section, and also comply 
with the other requirements thereof.
    (b) Each such report shall contain the following:
    (1) A schedule showing for each class and subclass of plant (whether 
or not the depreciation rate is proposed to be changed) an appropriate 
designation therefor, the depreciation rate currently in effect, the 
proposed rate, and the service-life and net-salvage estimates underlying 
both the current and proposed depreciation rates;
    (2) An additional schedule showing for each class and subclass, as 
well as the totals for all depreciable plant, (i) the book cost of plant 
at the most recent date available, (ii) the estimated amount of 
depreciation accruals determined by applying the currently effective 
rate to the amount of such book cost, (iii) the estimated amount of 
depreciation accruals determined by applying the rate proposed to be 
used to the amount of such book cost, and (iv) the difference between 
the amounts determined in paragraphs (b)(2) (ii) and (iii) of this 
section;
    (3) A statement giving the reasons for the proposed change in each 
rate;
    (4) A statement describing the method or methods employed in the 
development of the service-life and salvage estimates underlying each 
proposed change in a depreciation rate; and
    (5) The date as of which the revised rates are proposed to be made 
effective in the accounts.
    (c) Except as specified in paragraphs (c)(1) and (c)(2) of this 
section, when the change in the depreciation rate proposed for any class 
or subclass of plant (other than one occasioned solely by a shift in the 
relative investment in the several subclasses of the class of plant) 
amounts to twenty percent (20%) or more of the rate currently applied 
thereto, or when the proposed change will produce an increase or 
decrease of one percent (1%) or more of the aggregate depreciation 
charges for all depreciable plant (based on the amounts determined in 
compliance with paragraph (b)(2) of this section) the carrier shall 
supplement the data required by paragraph (b) of this section with 
copies of the underlying studies, including calculations and charts, 
developed by the carrier to support service-life and net-salvage 
estimates. If a carrier must submit data of a repetitive nature to 
comply with this requirement, the carrier need only submit a fully 
illustrative portion thereof.
    (1) A Local Exchange Carrier regulated under price caps, pursuant to 
Secs. 61.41 through 61.49 of this chapter, is not required to submit the 
supplemental information described in paragraph (c) introductory text of 
this section for a specific account if: The carrier's currently 
prescribed depreciation rate for the specific account is derived from 
basic factors that fall within the basic factor ranges established for 
that same account; and the carrier's proposed depreciation rate for the 
specific account would also be derived from basic factors that fall 
within the basic factor ranges for the same account.
    (2) Interexchange carriers regulated under price caps, pursuant to 
Secs. 61.41 through 61.49 of this chapter, are exempted from submitting 
the supplemental information as described in paragraph (c) introductory 
text. They shall instead submit: Generation data, a summary of basic 
factors underlying proposed rates by account and a short narrative 
supporting those basic factors, including: Company plans of forecasted 
retirements and additions; and

[[Page 12]]

recent annual retirements, salvage and cost of removal.
    (d) Each report shall be filed in duplicate and the original shall 
be signed by the responsible official to whom correspondence related 
thereto should be addressed.
    (e) Unless otherwise directed or approved by the Commission, the 
following shall be observed: Proposed changes in depreciation rates 
shall be filed at least ninety (90) days prior to the last day of the 
month with respect to which the revised rates are first to be applied in 
the accounts (e.g., if the new rates are to be first applied in the 
depreciation accounts for September, they must be filed on or before 
July 1); and such rates may be made retroactive to a date not prior to 
the beginning of the year in which the filing is made: Provided, 
however, That in no event shall a carrier for which the Commission has 
prescribed depreciation rates make any changes in such rates unless the 
changes are prescribed by the Commission.
    (f) Any changes in depreciation rates that are made under the 
provisions of paragraph (e) of this section shall not be construed as 
having been approved by the Commission unless the carrier has been 
specifically so informed.

[28 FR 13214, Dec. 5, 1963, as amended at 30 FR 3223, Mar. 9, 1965; 53 
FR 49987, Dec. 13, 1988; 58 FR 58790, Nov. 4, 1993; 61 FR 50246, Sept. 
25, 1996; 62 FR 39779, July 24, 1997]



Sec. 43.51  Contracts and concessions.

    (a) Any communications common carrier that: is engaged in domestic 
communications and has not been classified as nondominant pursuant to 
Sec. 61.3 of this chapter or is engaged in foreign communications, and 
enters into a contract with another carrier, including an operating 
agreement with a communications entity in a foreign point for the 
provision of a common carrier service between the United States and that 
point; must file with the Commission, within thirty (30) days of 
execution, a copy of each contract, agreement, concession, license, 
authorization, operating agreement or other arrangement to which it is a 
party and amendments thereto with respect to the following:
    (1) The exchange of services;
    (2) Except as provided in paragraph (c) of this section, the 
interchange or routing of traffic and matters concerning rates, 
accounting rates, division of tolls, or the basis of settlement of 
traffic balances; and
    (3) The rights granted to the carrier by any foreign government for 
the landing, connection, installation, or operation of cables, land 
lines, radio stations, offices, or for otherwise engaging in 
communication operations.
    (b) If the agreement referred to in this section is made other than 
in writing, a certified statement covering all details thereof must be 
filed by at least one of the parties to the agreement. Each other party 
to the agreement which is also subject to these provisions may, in lieu 
of also filing a copy of the agreement, file a certified statement 
referencing the filed document. The Commission may, at any time and upon 
reasonable request, require any communication common carrier classified 
as nondominant, and therefore not subject to the provisions of this 
section, to submit the documents referenced in this section.
    (c) With respect to contracts coming within the scope of paragraph 
(a)(2) of this section between subject telephone carriers and connecting 
carriers, except those contracts related to communications with foreign 
or overseas points, such documents shall not be filed with the 
Commission; but each subject telephone carrier shall maintain a copy of 
such contracts to which it is a party in appropriate files at a central 
location upon its premises, copies of which shall be readily accessible 
to Commission staff and members of the public upon reasonable request 
therefor; and upon request by the Commission, a subject telephone 
carrier shall promptly forward individual contracts to the Commission.
    (d) Any U.S. carrier that interconnects an international private 
line to the U.S. Public Switched Network, at its switch, including any 
switch in which the carrier obtains capacity either through lease or 
otherwise, shall file annually with the Chief of the International 
Bureau a certified statement containing the number and type (e.g., 64-
kbps circuits) of private lines interconnected in such a manner. The

[[Page 13]]

certified statement shall specify the number and type of interconnected 
private lines on a country specified basis. The identity of the customer 
need not be reported, and the Commission will treat the country of 
origin information as confidential. Carriers need not file their 
contracts for such interconnections, unless they are specifically 
requested to do so. These reports shall be filed on a consolidated basis 
on February 1 (covering international private lines interconnected 
during the preceding January 1 to December 31 period) of each year. 
International private lines to countries which we find to satisfy our 
equivalency standard at any time during a particular reporting period 
are exempt from this requirement.
    (e) International settlements policy. (1) If a carrier files an 
operating agreement (whether in the form of a contract, concession, 
license, etc.) referred to in paragraph (a) of this section to begin 
providing switched voice, telex, telegraph, or packet-switched service 
between the United States and a foreign point and the terms and 
conditions of such agreement relating to the exchange of services, 
interchange or routing of traffic and matters concerning rates, 
accounting rates, division of tolls, the allocation of return traffic, 
or the basis of settlement of traffic balances, are not identical to the 
equivalent terms and conditions in the operating agreement of another 
carrier providing the same or similar service between the United States 
and the same foreign point, the carrier must also file with the 
International Bureau a notification letter or modification request, as 
appropriate, under Sec. 64.1001 of this chapter. No carrier providing 
switched voice, telex, telegraph, or packet-switched service between the 
United States and a foreign point shall bargain for or agree to accept 
more than its proportionate share of return traffic.
    (2) If a carrier files an amendment to the operating agreement 
referred to in paragraph (a) of this section under which it already 
provides switched voice, telex, telegraph, or packet-switched service 
between the United States and a foreign point, and other carriers 
provide the same or similar service to the same foreign point, and the 
amendment relates to the exchange of services, interchange or routing of 
traffic and matters concerning rates, accounting rates, division of 
tolls, the allocation of return traffic, or the basis of settlement of 
traffic balances, the carrier must also file with the International 
Bureau a notification letter or modification request, as appropriate, 
under Sec. 64.1001 of this chapter.

[51 FR 45890, Dec. 23, 1986, as amended at 56 FR 25371, June 4, 1991; 57 
FR 647, Jan. 8, 1992; 58 FR 48323, Sept. 15, 1993; 60 FR 52866, Oct. 11, 
1995; 61 FR 59200, Nov. 21, 1996; 62 FR 5541, Feb. 6, 1997; 62 FR 8633, 
Feb. 26, 1997]



Sec. 43.53  Reports regarding division of international toll communication charges.

    (a) Each communication common carrier engaged directly in the 
transmission or reception of telegraph communications between the 
continental United States and any foreign country (other than one to 
which the domestic word-count applies) shall file a report with the 
Commission within thirty (30) days of the date of any arrangement 
concerning the division of the total telegraph charges on such 
communications other than transiting. A carrier first becoming subject 
to the provisions of this section must, within thirty (30) days 
thereafter, file with the Commission a report covering any such existing 
arrangements.
    (b) In the event that any change is made which affects data 
previously filed, a revised page incorporating such change or changes 
must be filed with the Commission not later than thirty (30) days from 
the date the change is made, provided, however, that any change in the 
amount of foreign participation in charges for outbound communications 
or in the respondent's participation in charges for inbound 
communications must be filed not later than thirty (30) days from the 
date the change is agreed upon.
    (c) A single copy of each such report must be filed in a format that 
contains a clear, concise and definite statement of the arrangements.

[51 FR 45891, Dec. 23, 1986, as amended at 52 FR 8453, Mar. 18, 1987]

[[Page 14]]



Sec. 43.61  Reports of international telecommunications traffic.

    (a) Each common carrier engaged in providing international 
telecommunications service between the area comprising the continental 
United States, Alaska, Hawaii, and off-shore U.S. points and any country 
or point outside that area shall file a report with the Commission not 
later than July 31 of each year for service actually provided in the 
preceding calendar year.
    (1) The information contained in the reports shall include actual 
traffic and revenue data for each and every service provided by a common 
carrier, divided among service billed in the United States, service 
billed outside the United States, and service transiting the United 
States. In addition, it shall include the number of minutes of outbound 
and inbound traffic settled pursuant to each alternative arrangement 
entered into pursuant to Sec. 64.1002 of this chapter.
    (2) Each common carrier shall submit a revised report by October 31 
identifying and correcting any inaccuracies included in the annual 
report exceeding five percent of the reported figure.
    (3) The information required under this section shall be furnished 
in conformance with the instructions and reporting requirements prepared 
under the direction of the Chief, Common Carrier Bureau, prepared and 
published as a manual, in consultation and coordination with the Chief, 
International Bureau.
    (b) Quarterly Traffic Reports. (1) Each common carrier engaged in 
providing international telecommunicaitons service between the area 
comprising the continental United States, Alaska, Hawaii, and off-shore 
U.S. points and any country or point outside that area shall file with 
the Commission, in addition to the report required by paragraph (a) of 
this section, actual traffic and revenue data for each calendar quarter 
in which the carrier's quarterly minutes exceed the corresponding 
minutes for all carriers by one or more of the following tests:
    (i) The carrier's aggregate minutes of facilities-based or 
facilities resale switched telephone traffic for service billed in the 
United States are greater than 1.0 percent of the total of such minutes 
of international traffic for all U.S. carriers published in the 
Commission's most recent Sec. 43.61 annual report of international 
telecommunications traffic;
    (ii) The carrier's aggragate minutes of facilities-based or 
facilities resale switched telephone traffic for service billed outside 
the United States are greater than 1.0 percent of the total of such 
minutes of international traffic for all U.S. carriers published in the 
Commission's most recent Sec. 43.61 annual report of international 
telecommunications traffic;
    (iii) The carrier's aggregate minutes of facilities-based or 
facilities switched telephone traffic for service billed in the United 
States for any foreign country are greater than 2.5 percent of the total 
of such minutes of international traffic for that country for all U.S. 
carriers published in the Commission's most recent Sec. 43.61 annual 
report of international telecommunications traffic; or
    (iv) The carrier's aggregate minutes of facilities-based or 
facilities resale switched telephone traffic for service billed outside 
the United States for any foreign country are greater than 2.5 percent 
of the total of such minutes of international traffic for that country 
for all U.S. carriers published in the Commission's most recent 
Sec. 43.61 annual report of international telecommunications traffic.
    (2) Except as provided in this paragraph, the quarterly reports 
required by paragraph (b)(1) of this section shall be filed in the same 
format as, and in conformance with, the filing procedures for the annual 
reports required by paragraph (a) of this section.
    (i) Carriers filing quarterly reports shall include in those reports 
only their provision of switched, facilities-based telephone service and 
switched, facilities resale telephone service.
    (ii) The quarterly reports required by paragraph (b)(1) of this 
section shall be filed with the Commission no later than April 30 for 
the prior January through March quarter; no later than July 31 for the 
prior April through June quarter; no later than October 31 for the prior 
July through September quarter; and no later than January 31

[[Page 15]]

for the prior October through December period.

[57 FR 8580, Mar. 11, 1992, as amended at 60 FR 5333, Jan. 27, 1995; 62 
FR 5541, Feb. 6, 1997; 62 FR 45761, Aug. 29, 1997]

    Effective Date Note: At 62 FR 45761, Aug. 29, 1997, Sec. 43.61 was 
amended by redesignating paragraphs (b) through (d) as paragraphs (a)(1) 
through (a)(3) and adding a new paragraph (b), effective Jan. 1, 1998. 
For the convenience of the user, the superseded text appears below.

Sec. 43.61  Reports of international telecommunications traffic.

                                * * * * *

    (b) The information contained in the reports shall include actual 
traffic and revenue data for each and every service provided by a common 
carrier, divided among service billed in the United States, service 
billed outside the United States, and service transiting the United 
States. In addition, it shall include the number of minutes of outbound 
and inbound traffic settled pursuant to each alternative arrangement 
entered into pursuant to Sec. 64.1002 of this chapter.



Sec. 43.72  [Reserved]



Sec. 43.81  Reports of carriers owned by foreign telecommunications entities.

    (a) The following carriers are required to file with the Commission 
an annual revenue and traffic report in triplicate with respect to all 
common carrier telecommunications services they offer within the United 
States.
    (1) Cable and Wireless Communications, Inc.;
    (2) FTCC Communications Inc.; and
    (3) Consortium Communications International, Inc.
    (b) The Chief, International Bureau has the authority to require 
that no more than six additional communications carriers owned by 
foreign telecommunications entities that are classified as dominant for 
the provision of international telecommunications services originating 
or terminating in the United States file Sec. 43.81 reports.
    (c) The report should be captioned--Sec. 43.81 report and should 
provide the following:
    (1) Revenues, number of messages and number of minutes for message 
telephone service traffic originated and/or terminated by the filing 
carrier;
    (2) Revenues, number of messages, and number of minutes for telex 
traffic originated and/or terminated by the filing carrier;
    (3) Revenues, number of messages, and number of minutes for 
telegraph traffic originated and/or terminated by the filing carrier;
    (4) Revenues, number of messages, and number of minutes for any 
other basic switched services (specified by service) originated and/or 
terminated by the filing carrier; and
    (5) Number of leases and revenues from private line services 
provided by the filing carrier.
    (d) Section 43.81 Reports for:
    (1) The calendar year 1988 must be filed on or before August 1, 
1989;
    (2) The calendar year 1989 must be filed on or before August 1, 
1990; and
    (3) The calendar year 1990 must be filed on or before August 1, 
1991.
    (e) These reports shall apply to nine or fewer persons and therefore 
are not subject to the review of the Office of Management and Budget 
under the Paperwork Reduction Act.

[54 FR 2130, Jan. 19, 1989, as amended at 60 FR 5333, Jan. 27, 1995]



Sec. 43.82  International circuit status reports.

    (a) Each facilities-based common carrier engaged in providing 
international telecommunications service between the area comprising the 
continental United States, Alaska, Hawaii, and off-shore U.S. points and 
any country or point outside that area shall file a circuit status 
report with the Chief, International Bureau, not later than March 31 
each year showing the status of its circuits used to provide 
international services as of December 31 of the preceding calendar year.
    (b) The information contained in the reports shall include the total 
number of activated and the total number of idle circuits by the 
categories of submarine cable, satellite and terrestrial facilities to 
geographic points outside the United States for the services designated 
by the Chief, International Bureau.
    (c) The information required under this section shall be furnished 
in conformance with instructions and reporting requirements prepared 
under the

[[Page 16]]

direction of the Chief, International Bureau, prepared and published as 
a manual.
    (d) Authority is hereby delegated to the Chief, International Bureau 
to prepare instructions and reporting requirements for the filing of the 
annual international circuit status reports.

[60 FR 51368, Oct. 2, 1995]



PART 51--INTERCONNECTION--Table of Contents




                     Subpart A--General Information

Sec.
51.1  Basis and purpose.
51.3  Applicability to negotiated agreements.
51.5  Terms and definitions.

                 Subpart B--Telecommunications Carriers

51.100  General duty.

          Subpart C--Obligations of All Local Exchange Carriers

51.201  Resale.
51.203  Number portability.
51.205  Dialing parity: General.
51.207  Local dialing parity.
51.209  Toll dialing parity.
51.211  Toll dialing parity implementattion schedule.
51.213  Toll dialing parity implementation plans.
51.215  Dialing parity: Cost recovery.
51.217  Nondiscriminatory access: Telephone numbers, operator services, 
          directory assistance services, and directory listings.
51.219  Access to rights of way.
51.221  Reciprocal compensation.
51.223  Application of additional requirements.

 Subpart D--Additional Obligations of Incumbent Local Exchange Carriers

51.301  Duty to negotiate.
51.303  Preexisting agreements.
51.305  Interconnection.
51.307  Duty to provide access on an unbundled basis to network 
          elements.
51.309  Use of unbundled network elements.
51.311  Nondiscriminatory access to unbundled network elements.
51.313  Just, reasonable and nondiscriminatory terms and conditions for 
          the provision of unbundled network elements.
51.315  Combination of unbundled network elements.
51.317  Standards for identifying network elements to be made available.
51.319  Specific unbundling requirements.
51.321  Methods of obtaining interconnection and access to unbundled 
          elements under section 251 of the Act.
51.323  Standards for physical collocation and virtual collocation.
51.325  Notice of network changes: Public notice requirement.
51.327  Notice of network changes: Content of notice.
51.329  Notice of network changes: Methods for providing notice.
51.331  Notice of network changes: Timing of notice.
51.333  Notice of network changes: Short term notice.
51.335  Notice of network changes: Confidential or proprietary 
          information.

Subpart E--Exemptions, Suspensions, and Modifications of Requirements of 
                         Section 251 of the Act

51.401  State authority.
51.403  Carriers eligible for suspension or modification under section 
          251(f)(2) of the Act.
51.405  Burden of proof.

                     Subpart F--Pricing of Elements

51.501  Scope.
51.503  General pricing standard.
51.505  Forward-looking economic cost.
51.507  General rate structure standard.
51.509  Rate structure standards for specific elements.
51.511  Forward-looking economic cost per unit.
51.513  Proxies for forward-looking economic cost.
51.515  Application of access charges.

                            Subpart G--Resale

51.601  Scope of resale rules.
51.603  Resale obligation of all local exchange carriers.
51.605  Additional obligations of incumbent local exchange carriers.
51.607  Wholesale pricing standard.
51.609  Determination of avoided retail costs.
51.611  Interim wholesale rates.
51.613  Restrictions on resale.
51.615  Withdrawal of services.
51.617  Assessment of end user common line charge on resellers.

  Subpart H--Reciprocal Compensation for Transport and Termination of 
                    Local Telecommunications Traffic

51.701  Scope of transport and termination pricing rules.
51.703  Reciprocal compensation obligation of LECs.
51.705  Incumbent LECs' rates for transport and termination.

[[Page 17]]

51.707  Default proxies for incumbent LECs' transport and termination 
          rates.
51.709  Rate structure for transport and termination.
51.711  Symmetrical reciprocal compensation.
51.713  Bill-and-keep arrangements for reciprocal compensation.
51.715  Interim transport and termination pricing.
51.717  Renegotiation of existing non-reciprocal arrangements.

   Subpart I--Procedures for Implementation of Section 252 of the Act

51.801  Commission action upon a state commission's failure to act to 
          carry out its responsibility under section 252 of the Act.
51.803  Procedures for Commission notification of a state commission's 
          failure to act.
51.805  The Commission's authority over proceedings and matters.
51.807  Arbitration and mediation of agreements by the Commission 
          pursuant to section 252(e)(5) of the Act.
51.809  Availability of provisions of agreements to other 
          telecommunications carriers under section 252(i) of the Act.

    Authority:  Sections 1-5, 7, 201-05, 207-09, 218, 225-27, 251-54, 
271, 332, 48 Stat. 1070, as amended, 1077; 47 U.S.C. Secs. 151-55, 157, 
201-05, 207-09, 218, 225-27, 251-54, 271, 332, unless otherwise noted.

    Source:  61 FR 45619, Aug. 29, 1996, unless otherwise noted.



                     Subpart A--General Information



Sec. 51.1  Basis and purpose.

    (a) Basis. These rules are issued pursuant to the Communications Act 
of 1934, as amended.
    (b) Purpose. The purpose of these rules is to implement sections 251 
and 252 of the Communications Act of 1934, as amended, 47 U.S.C. 251 and 
252.



Sec. 51.3  Applicability to negotiated agreements.

    To the extent provided in section 252(e)(2)(A) of the Act, a state 
commission shall have authority to approve an interconnection agreement 
adopted by negotiation even if the terms of the agreement do not comply 
with the requirements of this part.



Sec. 51.5  Terms and definitions.

    Terms used in this part have the following meanings:
    Act. The Communications Act of 1934, as amended.
    Advanced intelligent network. Advanced intelligent network is a 
telecommunications network architecture in which call processing, call 
routing, and network management are provided by means of centralized 
databases located at points in an incumbent local exchange carrier's 
network.
    Arbitration, final offer. Final offer arbitration is a procedure 
under which each party submits a final offer concerning the issues 
subject to arbitration, and the arbitrator selects, without 
modification, one of the final offers by the parties to the arbitration 
or portions of both such offers. ``Entire package final offer 
arbitration,'' is a procedure under which the arbitrator must select, 
without modification, the entire proposal submitted by one of the 
parties to the arbitration. ``Issue-by-issue final offer arbitration,'' 
is a procedure under which the arbitrator must select, without 
modification, on an issue-by-issue basis, one of the proposals submitted 
by the parties to the arbitration.
    Billing. Billing involves the provision of appropriate usage data by 
one telecommunications carrier to another to facilitate customer billing 
with attendant acknowledgements and status reports. It also involves the 
exchange of information between telecommunications carriers to process 
claims and adjustments.
    Commercial Mobile Radio Service (CMRS). CMRS has the same meaning as 
that term is defined in Sec. 20.3 of this chapter.
    Commission. Commission refers to the Federal Communications 
Commission.
    Dialing parity. The term dialing parity means that a person that is 
not an affiliate of a local exchange carrier is able to provide 
telecommunications services in such a manner that customers have the 
ability to route automatically, without the use of any access code, 
their telecommunications to the telecommunications service provider of 
the customer's designation from among 2 or more telecommunications 
service providers (including such local exchange carrier).

[[Page 18]]

    Directory assistance service. Directory assistance service includes, 
but is not limited to, making available to customers, upon request, 
information contained in directory listings.
    Directory listings. Directory listings are any information:
    (1) Identifying the listed names of subscribers of a 
telecommunications carrier and such subscriber's telephone numbers, 
addresses, or primary advertising classifications (as such 
classifications are assigned at the time of the establishment of such 
service), or any combination of such listed names, numbers, addresses or 
classifications; and
    (2) That the telecommunications carrier or an affiliate has 
published, caused to be published, or accepted for publication in any 
directory format.
    Downstream database. A downstream database is a database owned and 
operated by an individual carrier for the purpose of providing number 
portability in conjunction with other functions and services.
    Equipment necessary for interconnection or access to unbundled 
network elements. For purposes of section 251(c)(2) of the Act, the 
equipment used to interconnect with an incumbent local exchange 
carrier's network for the transmission and routing of telephone exchange 
service, exchange access service, or both. For the purposes of section 
251(c)(3) of the Act, the equipment used to gain access to an incumbent 
local exchange carrier's unbundled network elements for the provision of 
a telecommunications service.
    Incumbent Local Exchange Carrier (Incumbent LEC). With respect to an 
area, the local exchange carrier that:
    (1) On February 8, 1996, provided telephone exchange service in such 
area; and
    (2)(i) On February 8, 1996, was deemed to be a member of the 
exchange carrier association pursuant to Sec. 69.601(b) of this chapter; 
or
    (ii) Is a person or entity that, on or after February 8, 1996, 
became a successor or assign of a member described in paragraph (2)(i) 
of this section.
    Information services. The term information services means the 
offering of a capability for generating, acquiring, storing, 
transforming, processing, retrieving, utilizing, or making available 
information via telecommunications, and includes electronic publishing, 
but does not include any use of any such capability for the management, 
control, or operation of a telecommunications system or the management 
of a telecommunications service.
    Interconnection. Interconnection is the linking of two networks for 
the mutual exchange of traffic. This term does not include the transport 
and termination of traffic.
    Local Access and Transport Area (LATA). A Local Access and Transport 
Area is a contiguous geographic area--
    (1) Established before February 8, 1996 by a Bell operating company 
such that no exchange area includes points within more than 1 
metropolitan statistical area, consolidated metropolitan statistical 
area, or State, except as expressly permitted under the AT&T Consent 
Decree; or
    (2) Established or modified by a Bell operating company after 
February 8, 1996 and approved by the Commission.
    Local Exchange Carrier (LEC). A LEC is any person that is engaged in 
the provision of telephone exchange service or exchange access. Such 
term does not include a person insofar as such person is engaged in the 
provision of a commercial mobile service under section 332(c) of the 
Act, except to the extent that the Commission finds that such service 
should be included in the definition of the such term.
    Maintenance and repair. Maintenance and repair involves the exchange 
of information between telecommunications carriers where one initiates a 
request for maintenance or repair of existing products and services or 
unbundled network elements or combination thereof from the other with 
attendant acknowledgements and status reports.
    Meet point. A meet point is a point of interconnection between two 
networks, designated by two telecommunications carriers, at which one 
carrier's responsibility for service begins and the other carrier's 
responsibility ends.
    Meet point interconnection arrangement. A meet point interconnection 
arrangement is an arrangement by which each telecommunications carrier

[[Page 19]]

builds and maintains its network to a meet point.
    Network element. A network element is a facility or equipment used 
in the provision of a telecommunications service. Such term also 
includes, but is not limited to, features, functions, and capabilities 
that are provided by means of such facility or equipment, including but 
not limited to, subscriber numbers, databases, signaling systems, and 
information sufficient for billing and collection or used in the 
transmission, routing, or other provision of a telecommunications 
service.
    Operator services. Operator services are any automatic or live 
assistance to a consumer to arrange for billing or completion of a 
telephone call. Such services include, but are not limited to, busy line 
verification, emergency interrupt, and operator-assisted directory 
assistance services.
    Physical collocation. Physical collocation is an offering by an 
incumbent LEC that enables a requesting telecommunications carrier to:
    (1) Place its own equipment to be used for interconnection or access 
to unbundled network elements within or upon an incumbent LEC's 
premises;
    (2) Use such equipment to interconnect with an incumbent LEC's 
network facilities for the transmission and routing of telephone 
exchange service, exchange access service, or both, or to gain access to 
an incumbent LEC's unbundled network elements for the provision of a 
telecommunications service;
    (3) Enter those premises, subject to reasonable terms and 
conditions, to install, maintain, and repair equipment necessary for 
interconnection or access to unbundled elements; and
    (4) Obtain reasonable amounts of space in an incumbent LEC's 
premises, as provided in this part, for the equipment necessary for 
interconnection or access to unbundled elements, allocated on a first-
come, first-served basis.
    Premises. Premises refers to an incumbent LEC's central offices and 
serving wire centers, as well as all buildings or similar structures 
owned or leased by an incumbent LEC that house its network facilities, 
and all structures that house incumbent LEC facilities on public rights-
of-way, including but not limited to vaults containing loop 
concentrators or similar structures.
    Pre-ordering and ordering. Pre-ordering and ordering includes the 
exchange of information between telecommunications carriers about 
current or proposed customer products and services or unbundled network 
elements or some combination thereof.
    Provisioning. Provisioning involves the exchange of information 
between telecommunications carriers where one executes a request for a 
set of products and services or unbundled network elements or 
combination thereof from the other with attendant acknowledgements and 
status reports.
    Rural telephone company. A rural telephone company is a LEC 
operating entity to the extent that such entity:
    (1) Provides common carrier service to any local exchange carrier 
study area that does not include either:
    (i) Any incorporated place of 10,000 inhabitants or more, or any 
part thereof, based on the most recently available population statistics 
of the Bureau of the Census; or
    (ii) Any territory, incorporated or unincorporated, included in an 
urbanized area, as defined by the Bureau of the Census as of August 10, 
1993;
    (2) Provides telephone exchange service, including exchange access, 
to fewer than 50,000 access lines;
    (3) Provides telephone exchange service to any local exchange 
carrier study area with fewer than 100,000 access lines; or
    (4) Has less than 15 percent of its access lines in communities of 
more than 50,000 on February 8, 1996.
    Service control point. A service control point is a computer 
database in the public switched network which contains information and 
call processing instructions needed to process and complete a telephone 
call.
    Service creation environment. A service creation environment is a 
computer containing generic call processing software that can be 
programmed to create new advanced intelligent network call processing 
services.
    Service provider. A service provider is a provider of 
telecommunications services or a provider of information services.

[[Page 20]]

    Signal transfer point. A signal transfer point is a packet switch 
that acts as a routing hub for a signaling network and transfers 
messages between various points in and among signaling networks.
    State. The term state includes the District of Columbia and the 
Territories and possessions.
    State commission. A state commission means the commission, board, or 
official (by whatever name designated) which under the laws of any State 
has regulatory jurisdiction with respect to intrastate operations of 
carriers. As referenced in this part, this term may include the 
Commission if it assumes the responsibility of the state commission, 
pursuant to section 252(e)(5) of the Act. This term shall also include 
any person or persons to whom the state commission has delegated its 
authority under section 251 and 252 of the Act.
    State proceeding. A state proceeding is any administrative 
proceeding in which a state commission may approve or prescribe rates, 
terms, and conditions including, but not limited to, compulsory 
arbitration pursuant to section 252(b) of the Act, review of a Bell 
operating company statement of generally available terms pursuant to 
section 252(f) of the Act, and a proceeding to determine whether to 
approve or reject an agreement adopted by arbitration pursuant to 
section 252(e) of the Act.
    Technically feasible. Interconnection, access to unbundled network 
elements, collocation, and other methods of achieving interconnection or 
access to unbundled network elements at a point in the network shall be 
deemed technically feasible absent technical or operational concerns 
that prevent the fulfillment of a request by a telecommunications 
carrier for such interconnection, access, or methods. A determination of 
technical feasibility does not include consideration of economic, 
accounting, billing, space, or site concerns, except that space and site 
concerns may be considered in circumstances where there is no 
possibility of expanding the space available. The fact that an incumbent 
LEC must modify its facilities or equipment to respond to such request 
does not determine whether satisfying such request is technically 
feasible. An incumbent LEC that claims that it cannot satisfy such 
request because of adverse network reliability impacts must prove to the 
state commission by clear and convincing evidence that such 
interconnection, access, or methods would result in specific and 
significant adverse network reliability impacts.
    Telecommunications carrier. A telecommunications carrier is any 
provider of telecommunications services, except that such term does not 
include aggregators of telecommunications services (as defined in 
section 226 of the Act). A telecommunications carrier shall be treated 
as a common carrier under the Act only to the extent that it is engaged 
in providing telecommunications services, except that the Commission 
shall determine whether the provision of fixed and mobile satellite 
service shall be treated as common carriage. This definition includes 
CMRS providers, interexchange carriers (IXCs) and, to the extent they 
are acting as telecommunications carriers, companies that provide both 
telecommunications and information services. Private Mobile Radio 
Service providers are telecommunications carriers to the extent they 
provide domestic or international telecommunications for a fee directly 
to the public.
    Telecommunications service. The term telecommunications service 
refers to the offering of telecommunications for a fee directly to the 
public, or to such classes of users as to be effectively available 
directly to the public, regardless of the facilities used.
    Telephone exchange service. A telephone exchange service is:
    (1) A service within a telephone exchange, or within a connected 
system of telephone exchanges within the same exchange area operated to 
furnish to subscribers intercommunicating service of the character 
ordinarily furnished by a single exchange, and which is covered by the 
exchange service charge, or
    (2) A comparable service provided through a system of switches, 
transmission equipment, or other facilities (or combination thereof) by 
which a subscriber can originate and terminate a telecommunications 
service.

[[Page 21]]

    Telephone toll service. The term telephone toll service refers to 
telephone service between stations in different exchange areas for which 
there is made a separate charge not included in contracts with 
subscribers for exchange service.
    Unreasonable dialing delay. For the same type of calls, dialing 
delay is ``unreasonable'' when the dialing delay experienced by the 
customer of a competing provider is greater than that experienced by a 
customer of the LEC providing dialing parity, or nondiscriminatory 
access to operator services or directory assistance.
    Virtual collocation. Virtual collocation is an offering by an 
incumbent LEC that enables a requesting telecommunications carrier to:
    (1) Designate or specify equipment to be used for interconnection or 
access to unbundled network elements to be located within or upon an 
incumbent LEC's premises, and dedicated to such telecommunications 
carrier's use;
    (2) Use such equipment to interconnect with an incumbent LEC's 
network facilities for the transmission and routing of telephone 
exchange service, exchange access service, or both, or for access to an 
incumbent LEC's unbundled network elements for the provision of a 
telecommunications service; and
    (3) Electronically monitor and control its communications channels 
terminating in such equipment.

[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 47348, Sept. 6, 1996]



                 Subpart B--Telecommunications Carriers



Sec. 51.100  General duty.

    (a) Each telecommunications carrier has the duty:
    (1) To interconnect directly or indirectly with the facilities and 
equipment of other telecommunications carriers; and
    (2) To not install network features, functions, or capabilities that 
do not comply with the guidelines and standards as provided in the 
Commission's rules or section 255 or 256 of the Act.
    (b) A telecommunication carrier that has interconnected or gained 
access under sections 251(a)(1), 251(c)(2), or 251(c)(3) of the Act, may 
offer information services through the same arrangement, so long as it 
is offering telecommunications services through the same arrangement as 
well.



          Subpart C--Obligations of All Local Exchange Carriers



Sec. 51.201  Resale.

    The rules governing resale of services by an incumbent LEC are set 
forth in subpart G of this part.



Sec. 51.203  Number portability.

    The rules governing number portability are set forth in part 52, 
subpart C of this chapter.



Sec. 51.205  Dialing parity: General.

    A local exchange carrier (LEC) shall provide local and toll dialing 
parity to competing providers of telephone exchange service or telephone 
toll service, with no unreasonable dialing delays. Dialing parity shall 
be provided for all originating telecommunications services that require 
dialing to route a call.

[61 FR 47349, Sept. 6, 1996]



Sec. 51.207  Local dialing parity.

    A LEC shall permit telephone exchange service customers within a 
local calling area to dial the same number of digits to make a local 
telephone call notwithstanding the identity of the customer's or the 
called party's telecommunications service provider.

[61 FR 47349, Sept. 6, 1996]



Sec. 51.209  Toll dialing parity.

    (a) A LEC shall implement throughout each state in which it offers 
telephone exchange service intraLATA and interLATA toll dialing parity 
based on LATA boundaries. When a single LATA covers more than one state, 
the LEC shall use the implementation procedures that each state has 
approved for the LEC within that state's borders.
    (b) A LEC shall implement toll dialing parity through a 
presubscription process that permits a customer to select a carrier to 
which all designated

[[Page 22]]

calls on a customer's line will be routed automatically. LECs shall 
allow a customer to presubscribe, at a minimum, to one 
telecommunications carrier for all interLATA toll calls and to 
presubscribe to the same or to another telecommunications carrier for 
all intraLATA toll calls.
    (c) A LEC may not assign automatically a customer's intraLATA toll 
traffic to itself, to its subsidiaries or affiliates, to the customer's 
presubscribed interLATA or interstate toll carrier, or to any other 
carrier, except when, in a state that already has implemented 
intrastate, intraLATA toll dialing parity, the subscriber has selected 
the same presubscribed carrier for both intraLATA and interLATA toll 
calls.
    (d) Notwithstanding the requirements of paragraphs (a) and (b) of 
this section, states may require that toll dialing parity be based on 
state boundaries if it deems that the provision of intrastate and 
interstate toll dialing parity is procompetitive and otherwise in the 
public interest.

[61 FR 47349, Sept. 6, 1996]



Sec. 51.211  Toll dialing parity implementation schedule.

    (a) A LEC that does not begin providing in-region, interLATA or in-
region, interstate toll services in a state before February 8, 1999, 
must implement intraLATA and interLATA toll dialing parity throughout 
that state on February 8, 1999 or an earlier date as the state may 
determine, consistent with section 271(e)(2)(B) of the Communications 
Act of 1934, as amended, to be in the public interest.
    (b) A Bell Operating Company (BOC) that provides in-region, 
interLATA toll services in a state before February 8, 1999 shall provide 
intraLATA toll dialing parity throughout that state coincident with its 
provision of in-region, interLATA toll services.
    (c) A LEC that is not a BOC that begins providing in-region, 
interLATA or in-region, interstate toll services in a state before 
August 8, 1997, shall implement intraLATA and interLATA toll dialing 
parity throughout that state by August 8, 1997. If the LEC is unable to 
comply with the August 8, 1997 implementation deadline, the LEC must 
notify the Commission's Common Carrier Bureau by May 8, 1997. In the 
notification, the LEC must state its justification for noncompliance and 
must set forth the date by which it proposes to implement intraLATA and 
interLATA toll dialing parity.
    (d) A LEC that is not a BOC that begins providing in-region, 
interLATA or in-region, interstate toll services in a state on or after 
August 8, 1997, but before February 8, 1999 shall implement intraLATA 
and interLATA toll dialing parity throughout that state no later than 
the date on which it begins providing in-region, interLATA or in-region, 
interstate toll services.
    (e) Notwithstanding the requirements of paragraphs (a) through (d) 
of this section, a LEC shall implement toll dialing parity under a state 
order as described below:
    (1) If the state issued a dialing parity order by December 19, 1995 
requiring a BOC to implement toll dialing parity in advance of the dates 
established by these rules, the BOC must implement toll dialing parity 
in accordance with the implementation dates established by the state 
order.
    (2) If the state issued a dialing parity order by August 8, 1996 
requiring a LEC that is not a BOC to implement toll dialing parity in 
advance of the dates established by these rules, the LEC must implement 
toll dialing parity in accordance with the implementation dates 
established by the state order.
    (f) For LECs that are not Bell Operating Companies, the term in-
region, interLATA toll service, as used in this section and Sec. 51.213, 
includes the provision of toll services outside of the LEC's study area.

[61 FR 47349, Sept. 6, 1996]



Sec. 51.213  Toll dialing parity implementation plans.

    (a) A LEC must file a plan for providing intraLATA toll dialing 
parity throughout each state in which it offers telephone exchange 
service. A LEC cannot offer intraLATA toll dialing parity within a state 
until the implementation plan has been approved by the appropriate state 
commission or the Commission.
    (b) A LEC's implementation plan must include:

[[Page 23]]

    (1) A proposal that explains how the LEC will offer intraLATA toll 
dialing parity for each exchange that the LEC operates in the state, in 
accordance with the provisions of this section, and a proposed time 
schedule for implementation; and
    (2) A proposal for timely notification of its subscribers and the 
methods it proposes to use to enable subscribers to affirmatively select 
an intraLATA toll service provider.
    (3) A LEC that is not a BOC also shall identify the LATA with which 
it will associate for the purposes of providing intraLATA and interLATA 
toll dialing parity under this subpart.
    (c) A LEC must file its implementation plan with the state 
commission for each state in which the LEC provides telephone exchange 
service, except that if a LEC determines that a state commission has 
elected not to review the plan or will not complete its review in 
sufficient time for the LEC to meet the toll dialing parity 
implementation deadlines in Sec. 51.211, the LEC must file its plan with 
the Commission:
    (1) No later than 180 days before the date on which the LEC will 
begin providing toll dialing parity in the state, or no later than 180 
days before February 8, 1999, whichever occurs first; or
    (2) For LECs that begin providing in-region, interLATA or in-region, 
interstate toll service (see Sec. 51.211(f)) before August 8, 1997, no 
later than December 5, 1996.
    (d) The Commission will release a public notice of any LEC 
implementation plan that is filed with the Commission under paragraph 
(c) of this section.
    (1) The LEC's plan will be deemed approved on the fifteenth day 
following release of the Commission's public notice unless, no later 
than the fourteenth day following the release of the Commission's public 
notice; either
    (i) The Common Carrier Bureau notifies the LEC that its plan will 
not be deemed approved on the fifteenth day; or
    (ii) An opposition to the plan is filed with the Commission and 
served on the LEC that filed the plan. Such an opposition must state 
specific reasons why the LEC's plan does not serve the public interest.
    (2) If one or more oppositions are filed, the LEC that filed the 
plan will have seven additional days (i.e., until no later than the 
twenty-first day following the release of the Commission's public 
notice) within which to file a reply to the opposition(s) and serve it 
on all parties that filed an opposition. The response shall:
    (i) Include information responsive to the allegations and concerns 
identified by the opposing party; and
    (ii) Identify possible revisions to the plan that will address the 
opposing party's concerns.
    (3) If a LEC's plan is opposed under paragraph (d)(1)(ii) of this 
section, the Common Carrier Bureau will act on the plan within ninety 
days of the date on which the Commission released its public notice. In 
the event the Bureau fails to act within ninety days, the plan will not 
go into effect pending Bureau action. If the plan is not opposed, but it 
did not go into effect on the fifteenth day following the release of the 
Commission's public notice (see paragraph (d)(1)(i) of this section), 
and the Common Carrier Bureau fails to act on the plan within ninety 
days of the date on which the Commission released its public notice, the 
plan will be deemed approved without further Commission action on the 
ninety-first day after the date on which the Commission released its 
public notice of the plan's filing.

[61 FR 47349, Sept. 6, 1996]



Sec. 51.215  Dialing parity: Cost recovery.

    (a) A LEC may recover the incremental costs necessary for the 
implementation of toll dialing parity. The LEC must recover such costs 
from all providers of telephone exchange service and telephone toll 
service in the area served by the LEC, including that LEC. The LEC shall 
use a cost recovery mechanism established by the state.
    (b) Any cost recovery mechanism for the provision of toll dialing 
parity pursuant to this section that a state adopts must not:
    (1) Give one service provider an appreciable cost advantage over 
another service provider, when competing for a specific subscriber 
(i.e., the recovery mechanism may not have a disparate

[[Page 24]]

effect on the incremental costs of competing service providers seeking 
to serve the same customer); or
    (2) Have a disparate effect on the ability of competing service 
providers to earn a normal return on their investment.

[61 FR 47350, Sept. 6, 1996]



Sec. 51.217  Nondiscriminatory access: Telephone numbers, operator services, directory assistance services, and directory listings.

    (a) Definitions. As used in this section, the following definitions 
apply:
    (1) Competing provider. A ``competing provider'' is a provider of 
telephone exchange or telephone toll services that seeks 
nondiscriminatory access from a local exchange carrier (LEC) in that 
LEC's service area.
    (2) Nondiscriminatory access. ``Nondiscriminatory access'' refers to 
access to telephone numbers, operator services, directory assistance and 
directory listings that is at least equal to the access that the 
providing local exchange carrier (LEC) itself receives. 
Nondiscriminatory access includes, but is not limited to:
    (i) Nondiscrimination between and among carriers in the rates, 
terms, and conditions of the access provided; and
    (ii) The ability of the competing provider to obtain access that is 
at least equal in quality to that of the providing LEC.
    (3) Providing local exchange carrier (LEC). A ``providing local 
exchange carrier'' is a local exchange carrier (LEC) that is required to 
permit nondiscriminatory access to a competing provider.
    (b) General rule. A local exchange carrier (LEC) that provides 
operator services, directory assistance services or directory listings 
to its customers, or provides telephone numbers, shall permit competing 
providers of telephone exchange service or telephone toll service to 
have nondiscriminatory access to that service or feature, with no 
unreasonable dialing delays.
    (c) Specific requirements. A LEC subject to paragraph (b) of this 
section must also comply with the following requirements:
    (1) Telephone numbers. A LEC shall permit competing providers to 
have access to telephone numbers that is identical to the access that 
the LEC provides to itself.
    (2) Operator services. A LEC must permit telephone service customers 
to connect to the operator services offered by that customer's chosen 
local service provider by dialing ``0,'' or ``0'' plus the desired 
telephone number, regardless of the identity of the customer's local 
telephone service provider.
    (3) Directory assistance services and directory listings.--(i) 
Access to directory assistance. A LEC shall permit competing providers 
to have access to its directory assistance services so that any customer 
of a competing provider can obtain directory listings, except as 
provided in paragraph (c)(3)(iii) of this section, on a 
nondiscriminatory basis, notwithstanding the identity of the customer's 
local service provider, or the identity of the provider for the customer 
whose listing is requested.
    (ii) Access to directory listings. A LEC shall provide directory 
listings to competing providers in readily accessible magnetic tape or 
electronic formats in a timely fashion upon request. A LEC also must 
permit competing providers to have access to and read the information in 
the LEC's directory assistance databases.
    (iii) Unlisted numbers. A LEC shall not provide access to unlisted 
telephone numbers, or other information that its customer has asked the 
LEC not to make available. The LEC shall ensure that access is permitted 
only to the same directory information that is available to its own 
directory assistance customers.
    (iv) Adjuncts to services. Operator services and directory 
assistance services must be made available to competing providers in 
their entirety, including access to any adjunct features (e.g., rating 
tables or customer information databases) necessary to allow competing 
providers full use of these services.
    (d) Branding of operator services and directory assistance services. 
The refusal of a providing local exchange carrier (LEC) to comply with 
the reasonable request of a competing provider that the providing LEC 
rebrand its operator

[[Page 25]]

services and directory assistance, or remove its brand from such 
services, creates a presumption that the providing LEC is unlawfully 
restricting access to its operator services and directory assistance. 
The providing LEC can rebut this presumption by demonstrating that it 
lacks the capability to comply with the competing provider's request.
    (e) Disputes.--(1) Disputes involving nondiscriminatory access. In 
disputes involving nondiscriminatory access to operator services, 
directory assistance services, or directory listings, a providing LEC 
shall bear the burden of demonstrating with specificity:
    (i) That it is permitting nondiscriminatory access, and
    (ii) That any disparity in access is not caused by factors within 
its control. ``Factors within its control'' include, but are not limited 
to, physical facilities, staffing, the ordering of supplies or 
equipment, and maintenance.
    (2) Disputes involving unreasonable dialing delay. In disputes 
between providing local exchange carriers (LECs) and competing providers 
involving unreasonable dialing delay in the provision of access to 
operator services and directory assistance, the burden of proof is on 
the providing LEC to demonstrate with specificity that it is processing 
the calls of the competing provider's customers on terms equal to that 
of similar calls from the providing LEC's own customers.

[61 FR 47350, Sept. 6, 1996]



Sec. 51.219  Access to rights of way.

    The rules governing access to rights of way are set forth in part 1, 
subpart J of this chapter.



Sec. 51.221  Reciprocal compensation.

    The rules governing reciprocal compensation are set forth in subpart 
H of this part.



Sec. 51.223  Application of additional requirements.

    (a) A state may not impose the obligations set forth in section 
251(c) of the Act on a LEC that is not classified as an incumbent LEC as 
defined in section 251(h)(1) of the Act, unless the Commission issues an 
order declaring that such LECs or classes or categories of LECs should 
be treated as incumbent LECs.
    (b) A state commission, or any other interested party, may request 
that the Commission issue an order declaring that a particular LEC be 
treated as an incumbent LEC, or that a class or category of LECs be 
treated as incumbent LECs, pursuant to section 251(h)(2) of the Act.



 Subpart D--Additional Obligations of Incumbent Local Exchange Carriers



Sec. 51.301  Duty to negotiate.

    (a) An incumbent LEC shall negotiate in good faith the terms and 
conditions of agreements to fulfill the duties established by sections 
251 (b) and (c) of the Act.
    (b) A requesting telecommunications carrier shall negotiate in good 
faith the terms and conditions of agreements described in paragraph (a) 
of this section.
    (c) If proven to the Commission, an appropriate state commission, or 
a court of competent jurisdiction, the following actions or practices, 
among others, violate the duty to negotiate in good faith:
    (1) Demanding that another party sign a nondisclosure agreement that 
precludes such party from providing information requested by the 
Commission, or a state commission, or in support of a request for 
arbitration under section 252(b)(2)(B) of the Act;
    (2) Demanding that a requesting telecommunications carrier attest 
that an agreement complies with all provisions of the Act, federal 
regulations, or state law;
    (3) Refusing to include in an arbitrated or negotiated agreement a 
provision that permits the agreement to be amended in the future to take 
into account changes in Commission or state rules;
    (4) Conditioning negotiation on a requesting telecommunications 
carrier first obtaining state certifications;
    (5) Intentionally misleading or coercing another party into reaching 
an agreement that it would not otherwise have made;
    (6) Intentionally obstructing or delaying negotiations or 
resolutions of disputes;

[[Page 26]]

    (7) Refusing throughout the negotiation process to designate a 
representative with authority to make binding representations, if such 
refusal significantly delays resolution of issues; and
    (8) Refusing to provide information necessary to reach agreement. 
Such refusal includes, but is not limited to:
    (i) Refusal by an incumbent LEC to furnish information about its 
network that a requesting telecommunications carrier reasonably requires 
to identify the network elements that it needs in order to serve a 
particular customer; and
    (ii) Refusal by a requesting telecommunications carrier to furnish 
cost data that would be relevant to setting rates if the parties were in 
arbitration.



Sec. 51.303  Preexisting agreements.

    (a) All interconnection agreements between an incumbent LEC and a 
telecommunications carrier, including those negotiated before February 
8, 1996, shall be submitted by the parties to the appropriate state 
commission for approval pursuant to section 252(e) of the Act.
    (b) Interconnection agreements negotiated before February 8, 1996, 
between Class A carriers, as defined by Sec. 32.11(a)(1) of this 
chapter, shall be filed by the parties with the appropriate state 
commission no later than June 30, 1997, or such earlier date as the 
state commission may require.
    (c) If a state commission approves a preexisting agreement, it shall 
be made available to other parties in accordance with section 252(i) of 
the Act and Sec. 51.809 of this part. A state commission may reject a 
preexisting agreement on the grounds that it is inconsistent with the 
public interest, or for other reasons set forth in section 252(e)(2)(A) 
of the Act.



Sec. 51.305  Interconnection.

    (a) An incumbent LEC shall provide, for the facilities and equipment 
of any requesting telecommunications carrier, interconnection with the 
incumbent LEC's network:
    (1) For the transmission and routing of telephone exchange traffic, 
exchange access traffic, or both;
    (2) At any technically feasible point within the incumbent LEC's 
network including, at a minimum:
    (i) The line-side of a local switch;
    (ii) The trunk-side of a local switch;
    (iii) The trunk interconnection points for a tandem switch;
    (iv) Central office cross-connect points;
    (v) Out-of-band signaling transfer points necessary to exchange 
traffic at these points and access call-related databases; and
    (vi) The points of access to unbundled network elements as described 
in Sec. 51.319;
    (3) That is at a level of quality that is equal to that which the 
incumbent LEC provides itself, a subsidiary, an affiliate, or any other 
party, except as provided in paragraph (4) of this section. At a 
minimum, this requires an incumbent LEC to design interconnection 
facilities to meet the same technical criteria and service standards 
that are used within the incumbent LEC's network. This obligation is not 
limited to a consideration of service quality as perceived by end users, 
and includes, but is not limited to, service quality as perceived by the 
requesting telecommunications carrier;
    (4) That, if so requested by a telecommunications carrier and to the 
extent technically feasible, is superior in quality to that provided by 
the incumbent LEC to itself or to any subsidiary, affiliate, or any 
other party to which the incumbent LEC provides interconnection. Nothing 
in this section prohibits an incumbent LEC from providing 
interconnection that is lesser in quality at the sole request of the 
requesting telecommunications carrier; and
    (5) On terms and conditions that are just, reasonable, and 
nondiscriminatory in accordance with the terms and conditions of any 
agreement, the requirements of sections 251 and 252 of the Act, and the 
Commission's rules including, but not limited to, offering such terms 
and conditions equally to all requesting telecommunications carriers, 
and offering such terms and conditions that are no less favorable than 
the terms and conditions upon which the incumbent LEC provides such 
interconnection to itself. This includes,

[[Page 27]]

but is not limited to, the time within which the incumbent LEC provides 
such interconnection.
    (b) A carrier that requests interconnection solely for the purpose 
of originating or terminating its interexchange traffic on an incumbent 
LEC's network and not for the purpose of providing to others telephone 
exchange service, exchange access service, or both, is not entitled to 
receive interconnection pursuant to section 251(c)(2) of the Act.
    (c) Previous successful interconnection at a particular point in a 
network, using particular facilities, constitutes substantial evidence 
that interconnection is technically feasible at that point, or at 
substantially similar points, in networks employing substantially 
similar facilities. Adherence to the same interface or protocol 
standards shall constitute evidence of the substantial similarity of 
network facilities.
    (d) Previous successful interconnection at a particular point in a 
network at a particular level of quality constitutes substantial 
evidence that interconnection is technically feasible at that point, or 
at substantially similar points, at that level of quality.
    (e) An incumbent LEC that denies a request for interconnection at a 
particular point must prove to the state commission that interconnection 
at that point is not technically feasible.
    (f) If technically feasible, an incumbent LEC shall provide two-way 
trunking upon request.
    (g) An incumbent LEC shall provide to a requesting 
telecommunications carrier technical information about the incumbent 
LEC's network facilities sufficient to allow the requesting carrier to 
achieve interconnection consistent with the requirements of this 
section.

[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 47351, Sept. 6, 1996]



Sec. 51.307  Duty to provide access on an unbundled basis to network elements.

    (a) An incumbent LEC shall provide, to a requesting 
telecommunications carrier for the provision of a telecommunications 
service, nondiscriminatory access to network elements on an unbundled 
basis at any technically feasible point on terms and conditions that are 
just, reasonable, and nondiscriminatory in accordance with the terms and 
conditions of any agreement, the requirements of sections 251 and 252 of 
the Act, and the Commission's rules.
    (b) The duty to provide access to unbundled network elements 
pursuant to section 251(c)(3) of the Act includes a duty to provide a 
connection to an unbundled network element independent of any duty to 
provide interconnection pursuant to this part and section 251(c)(2) of 
the Act.
    (c) An incumbent LEC shall provide a requesting telecommunications 
carrier access to an unbundled network element, along with all of the 
unbundled network element's features, functions, and capabilities, in a 
manner that allows the requesting telecommunications carrier to provide 
any telecommunications service that can be offered by means of that 
network element.
    (d) An incumbent LEC shall provide a requesting telecommunications 
carrier access to the facility or functionality of a requested network 
element separate from access to the facility or functionality of other 
network elements, for a separate charge.
    (e) An incumbent LEC shall provide to a requesting 
telecommunications carrier technical information about the incumbent 
LEC's network facilities sufficient to allow the requesting carrier to 
achieve access to unbundled network elements consistent with the 
requirements of this section.

[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 47351, Sept. 6, 1996]



Sec. 51.309  Use of unbundled network elements.

    (a) An incumbent LEC shall not impose limitations, restrictions, or 
requirements on requests for, or the use of, unbundled network elements 
that would impair the ability of a requesting telecommunications carrier 
to offer a telecommunications service in the manner the requesting 
telecommunications carrier intends.
    (b) A telecommunications carrier purchasing access to an unbundled 
network element may use such network

[[Page 28]]

element to provide exchange access services to itself in order to 
provide interexchange services to subscribers.
    (c) A telecommunications carrier purchasing access to an unbundled 
network facility is entitled to exclusive use of that facility for a 
period of time, or when purchasing access to a feature, function, or 
capability of a facility, a telecommunications carrier is entitled to 
use of that feature, function, or capability for a period of time. A 
telecommunications carrier's purchase of access to an unbundled network 
element does not relieve the incumbent LEC of the duty to maintain, 
repair, or replace the unbundled network element.



Sec. 51.311  Nondiscriminatory access to unbundled network elements.

    (a) The quality of an unbundled network element, as well as the 
quality of the access to the unbundled network element, that an 
incumbent LEC provides to a requesting telecommunications carrier shall 
be the same for all telecommunications carriers requesting access to 
that network element, except as provided in paragraph (c) of this 
section.
    (b) Except as provided in paragraph (c) of this section, to the 
extent technically feasible, the quality of an unbundled network 
element, as well as the quality of the access to such unbundled network 
element, that an incumbent LEC provides to a requesting 
telecommunications carrier shall be at least equal in quality to that 
which the incumbent LEC provides to itself. If an incumbent LEC fails to 
meet this requirement, the incumbent LEC must prove to the state 
commission that it is not technically feasible to provide the requested 
unbundled network element, or to provide access to the requested 
unbundled network element, at a level of quality that is equal to that 
which the incumbent LEC provides to itself.
    (c) To the extent technically feasible, the quality of an unbundled 
network element, as well as the quality of the access to such unbundled 
network element, that an incumbent LEC provides to a requesting 
telecommunications carrier shall, upon request, be superior in quality 
to that which the incumbent LEC provides to itself. If an incumbent LEC 
fails to meet this requirement, the incumbent LEC must prove to the 
state commission that it is not technically feasible to provide the 
requested unbundled network element or access to such unbundled network 
element at the requested level of quality that is superior to that which 
the incumbent LEC provides to itself. Nothing in this section prohibits 
an incumbent LEC from providing interconnection that is lesser in 
quality at the sole request of the requesting telecommunications 
carrier.
    (d) Previous successful access to an unbundled element at a 
particular point in a network, using particular facilities, is 
substantial evidence that access is technically feasible at that point, 
or at substantially similar points, in networks employing substantially 
similar facilities. Adherence to the same interface or protocol 
standards shall constitute evidence of the substantial similarity of 
network facilities.
    (e) Previous successful provision of access to an unbundled element 
at a particular point in a network at a particular level of quality is 
substantial evidence that access is technically feasible at that point, 
or at substantially similar points, at that level of quality.



Sec. 51.313  Just, reasonable and nondiscriminatory terms and conditions for the provision of unbundled network elements.

    (a) The terms and conditions pursuant to which an incumbent LEC 
provides access to unbundled network elements shall be offered equally 
to all requesting telecommunications carriers.
    (b) Where applicable, the terms and conditions pursuant to which an 
incumbent LEC offers to provide access to unbundled network elements, 
including but not limited to, the time within which the incumbent LEC 
provisions such access to unbundled network elements, shall, at a 
minimum, be no less favorable to the requesting carrier than the terms 
and conditions under which the incumbent LEC provides such elements to 
itself.
    (c) An incumbent LEC must provide a carrier purchasing access to 
unbundled

[[Page 29]]

network elements with the pre-ordering, ordering, provisioning, 
maintenance and repair, and billing functions of the incumbent LEC's 
operations support systems.



Sec. 51.315  Combination of unbundled network elements.

    (a) An incumbent LEC shall provide unbundled network elements in a 
manner that allows requesting telecommunications carriers to combine 
such network elements in order to provide a telecommunications service.
    (b) Except upon request, an incumbent LEC shall not separate 
requested network elements that the incumbent LEC currently combines.
    (c) Upon request, an incumbent LEC shall perform the functions 
necessary to combine unbundled network elements in any manner, even if 
those elements are not ordinarily combined in the incumbent LEC's 
network, provided that such combination is:
    (1) Technically feasible; and
    (2) Would not impair the ability of other carriers to obtain access 
to unbundled network elements or to interconnect with the incumbent 
LEC's network.
    (d) Upon request, an incumbent LEC shall perform the functions 
necessary to combine unbundled network elements with elements possessed 
by the requesting telecommunications carrier in any technically feasible 
manner.
    (e) An incumbent LEC that denies a request to combine elements 
pursuant to paragraph (c)(1) or paragraph (d) of this section must prove 
to the state commission that the requested combination is not 
technically feasible.
    (f) An incumbent LEC that denies a request to combine elements 
pursuant to paragraph (c)(2) of this section must prove to the state 
commission that the requested combination would impair the ability of 
other carriers to obtain access to unbundled network elements or to 
interconnect with the incumbent LEC's network.



Sec. 51.317  Standards for identifying network elements to be made available.

    (a) In determining what network elements should be made available 
for purposes of section 251(c)(3) of the Act beyond those identified in 
Sec. 51.319, a state commission shall first determine whether it is 
technically feasible for the incumbent LEC to provide access to a 
network element on an unbundled basis.
    (b) If the state commission determines that it is technically 
feasible for the incumbent LEC to provide access to the network element 
on an unbundled basis, the state commission may decline to require 
unbundling of the network element only if:
    (1) The state commission concludes that:
    (i) The network element is proprietary, or contains proprietary 
information that will be revealed if the network element is provided on 
an unbundled basis; and
    (ii) A requesting telecommunications carrier could offer the same 
proposed telecommunications service through the use of other, 
nonproprietary unbundled network elements within the incumbent LEC's 
network; or
    (2) The state commission concludes that the failure of the incumbent 
LEC to provide access to the network element would not decrease the 
quality of, and would not increase the financial or administrative cost 
of, the telecommunications service a requesting telecommunications 
carrier seeks to offer, compared with providing that service over other 
unbundled network elements in the incumbent LEC's network.



Sec. 51.319  Specific unbundling requirements.

    An incumbent LEC shall provide nondiscriminatory access in 
accordance with Sec. 51.311 and section 251(c)(3) of the Act to the 
following network elements on an unbundled basis to any requesting 
telecommunications carrier for the provision of a telecommunications 
service:
    (a) Local Loop. The local loop network element is defined as a 
transmission facility between a distribution frame (or its equivalent) 
in an incumbent LEC central office and an end user customer premises.

[[Page 30]]

    (b) Network Interface Device. (1) The network interface device 
network element is defined as a cross-connect device used to connect 
loop facilities to inside wiring.
    (2) An incumbent LEC shall permit a requesting telecommunications 
carrier to connect its own local loops to the inside wiring of premises 
through the incumbent LEC's network interface device. The requesting 
telecommunications carrier shall establish this connection through an 
adjoining network interface device deployed by such telecommunications 
carrier.
    (c) Switching Capability. (1) Local Switching Capability.
    (i) The local switching capability network element is defined as:
    (A) Line-side facilities, which include, but are not limited to, the 
connection between a loop termination at a main distribution frame and a 
switch line card;
    (B) Trunk-side facilities, which include, but are not limited to, 
the connection between trunk termination at a trunk-side cross-connect 
panel and a switch trunk card; and
    (C) All features, functions, and capabilities of the switch, which 
include, but are not limited to:
    (1) The basic switching function of connecting lines to lines, lines 
to trunks, trunks to lines, and trunks to trunks, as well as the same 
basic capabilities made available to the incumbent LEC's customers, such 
as a telephone number, white page listing, and dial tone; and
    (2) All other features that the switch is capable of providing, 
including but not limited to custom calling, custom local area signaling 
service features, and Centrex, as well as any technically feasible 
customized routing functions provided by the switch.
    (ii) An incumbent LEC shall transfer a customer's local service to a 
competing carrier within a time period no greater than the interval 
within which the incumbent LEC currently transfers end users between 
interexchange carriers, if such transfer requires only a change in the 
incumbent LEC's software;
    (2) Tandem Switching Capability. The tandem switching capability 
network element is defined as:
    (i) Trunk-connect facilities, including but not limited to the 
connection between trunk termination at a cross-connect panel and a 
switch trunk card;
    (ii) The basic switching function of connecting trunks to trunks; 
and
    (iii) The functions that are centralized in tandem switches (as 
distinguished from separate end-office switches), including but not 
limited to call recording, the routing of calls to operator services, 
and signaling conversion features.
    (d)(1) Interoffice transmission facilities include:
    (i) Dedicated transport, defined as incumbent LEC transmission 
facilities dedicated to a particular customer or carrier that provide 
telecommunications between wire centers owned by incumbent LECs or 
requesting telecommunications carriers, or between switches owned by 
incumbent LECs or requesting telecommunications carriers;
    (ii) Shared transport, defined as transmission facilities shared by 
more than one carrier, including the incumbent LEC, between end office 
switches, between end office switches and tandem switches, and between 
tandem switches, in the incumbent LEC network;
    (2) The incumbent LEC shall:
    (i) Provide a requesting telecommunications carrier exclusive use of 
interoffice transmission facilities dedicated to a particular customer 
or carrier, or use of the features, functions, and capabilities of 
interoffice transmission facilities shared by more than one customer or 
carrier;
    (ii) Provide all technically feasible transmission facilities, 
features, functions, and capabilities that the requesting 
telecommunications carrier could use to provide telecommunications 
services;
    (iii) Permit, to the extent technically feasible, a requesting 
telecommunications carrier to connect such interoffice facilities to 
equipment designated by the requesting telecommunications carrier, 
including, but not limited to, the requesting telecommunications 
carrier's collocated facilities; and

[[Page 31]]

    (iv) Permit, to the extent technically feasible, a requesting 
telecommunications carrier to obtain the functionality provided by the 
incumbent LEC's digital cross-connect systems in the same manner that 
the incumbent LEC provides such functionality to interexchange carriers.
    (e) Signaling Networks and Call-Related Databases. (1) Signaling 
Networks.
    (i) Signaling networks include, but are not limited to, signaling 
links and signaling transfer points.
    (ii) When a requesting telecommunications carrier purchases 
unbundled switching capability from an incumbent LEC, the incumbent LEC 
shall provide access to its signaling network from that switch in the 
same manner in which it obtains such access itself.
    (iii) An incumbent LEC shall provide a requesting telecommunications 
carrier with its own switching facilities access to the incumbent LEC's 
signaling network for each of the requesting telecommunications 
carrier's switches. This connection shall be made in the same manner as 
an incumbent LEC connects one of its own switches to a signal transfer 
point.
    (iv) An incumbent LEC is not required to unbundle those signaling 
links that connect service control points to switching transfer points 
or to permit a requesting telecommunications carrier to link its own 
signal transfer points directly to the incumbent LEC's switch or call-
related databases;
    (2) Call-Related Databases.
    (i) Call-related databases are defined as databases, other than 
operations support systems, that are used in signaling networks for 
billing and collection or the transmission, routing, or other provision 
of a telecommunications service.
    (ii) For purposes of switch query and database response through a 
signaling network, an incumbent LEC shall provide access to its call-
related databases, including, but not limited to, the Line Information 
Database, Toll Free Calling database, downstream number portability 
databases, and Advanced Intelligent Network databases, by means of 
physical access at the signaling transfer point linked to the unbundled 
database.
    (iii) An incumbent LEC shall allow a requesting telecommunications 
carrier that has purchased an incumbent LEC's local switching capability 
to use the incumbent LEC's service control point element in the same 
manner, and via the same signaling links, as the incumbent LEC itself.
    (iv) An incumbent LEC shall allow a requesting telecommunications 
carrier that has deployed its own switch, and has linked that switch to 
an incumbent LEC's signaling system, to gain access to the incumbent 
LEC's service control point in a manner that allows the requesting 
carrier to provide any call-related, database-supported services to 
customers served by the requesting telecommunications carrier's switch.
    (v) A state commission shall consider whether mechanisms mediating 
access to an incumbent LEC's Advanced Intelligent Network service 
control points are necessary, and if so, whether they will adequately 
safeguard against intentional or unintentional misuse of the incumbent 
LEC's Advanced Intelligent Network facilities.
    (vi) An incumbent LEC shall provide a requesting telecommunications 
carrier with access to call-related databases in a manner that complies 
with section 222 of the Act;
    (3) Service Management Systems.
    (i) A service management system is defined as a computer database or 
system not part of the public switched network that, among other things:
    (A) Interconnects to the service control point and sends to that 
service control point the information and call processing instructions 
needed for a network switch to process and complete a telephone call; 
and
    (B) Provides telecommunications carriers with the capability of 
entering and storing data regarding the processing and completing of a 
telephone call.
    (ii) An incumbent LEC shall provide a requesting telecommunications 
carrier with the information necessary to enter correctly, or format for 
entry, the information relevant for input into the particular incumbent 
LEC service management system.

[[Page 32]]

    (iii) An incumbent LEC shall provide a requesting telecommunications 
carrier the same access to design, create, test, and deploy Advanced 
Intelligent Network-based services at the service management system, 
through a service creation environment, that the incumbent LEC provides 
to itself.
    (iv) A state commission shall consider whether mechanisms mediating 
access to Advanced Intelligent Network service management systems and 
service creation environments are necessary, and if so, whether they 
will adequately safeguard against intentional or unintentional misuse of 
the incumbent LEC's Advanced Intelligent Network facilities.
    (v) An incumbent LEC shall provide a requesting telecommunications 
carrier access to service management systems in a manner that complies 
with section 222 of the Act.
    (f) Operations Support Systems Functions. (1) Operations support 
systems functions consist of pre-ordering, ordering, provisioning, 
maintenance and repair, and billing functions supported by an incumbent 
LEC's databases and information.
    (2) An incumbent LEC that does not currently comply with this 
requirement shall do so as expeditiously as possible, but, in any event, 
no later than January 1, 1997.
    (g) Operator Services and Directory Assistance. An incumbent LEC 
shall provide access to operator service and directory assistance 
facilities where technically feasible.

[61 FR 45619, Aug. 29, 1996, as amended at 62 FR 45587, Aug. 28, 1997]



Sec. 51.321  Methods of obtaining interconnection and access to unbundled elements under section 251 of the Act.

    (a) Except as provided in paragraph (e) of this section, an 
incumbent LEC shall provide, on terms and conditions that are just, 
reasonable, and nondiscriminatory in accordance with the requirements of 
this part, any technically feasible method of obtaining interconnection 
or access to unbundled network elements at a particular point upon a 
request by a telecommunications carrier.
    (b) Technically feasible methods of obtaining interconnection or 
access to unbundled network elements include, but are not limited to:
    (1) Physical collocation and virtual collocation at the premises of 
an incumbent LEC; and
    (2) Meet point interconnection arrangements.
    (c) A previously successful method of obtaining interconnection or 
access to unbundled network elements at a particular premises or point 
on an incumbent LEC's network is substantial evidence that such method 
is technically feasible in the case of substantially similar network 
premises or points.
    (d) An incumbent LEC that denies a request for a particular method 
of obtaining interconnection or access to unbundled network elements on 
the incumbent LEC's network must prove to the state commission that the 
requested method of obtaining interconnection or access to unbundled 
network elements at that point is not technically feasible.
    (e) An incumbent LEC shall not be required to provide for physical 
collocation of equipment necessary for interconnection or access to 
unbundled network elements at the incumbent LEC's premises if it 
demonstrates to the state commission that physical collocation is not 
practical for technical reasons or because of space limitations. In such 
cases, the incumbent LEC shall be required to provide virtual 
collocation, except at points where the incumbent LEC proves to the 
state commission that virtual collocation is not technically feasible. 
If virtual collocation is not technically feasible, the incumbent LEC 
shall provide other methods of interconnection and access to unbundled 
network elements to the extent technically feasible.
    (f) An incumbent LEC shall submit to the state commission detailed 
floor plans or diagrams of any premises where the incumbent LEC claims 
that physical collocation is not practical because of space limitations.
    (g) An incumbent LEC that is classified as a Class A company under 
Sec. 32.11 of this chapter and that is not a National Exchange Carrier 
Association

[[Page 33]]

interstate tariff participant as provided in part 69, subpart G, shall 
continue to provide expanded interconnection service pursuant to 
interstate tariff in accordance with Secs. 64.1401, 64.1402, 69.121 of 
this chapter, and the Commission's other requirements.



Sec. 51.323  Standards for physical collocation and virtual collocation.

    (a) An incumbent LEC shall provide physical collocation and virtual 
collocation to requesting telecommunications carriers.
    (b) An incumbent LEC shall permit the collocation of any type of 
equipment used for interconnection or access to unbundled network 
elements. Whenever an incumbent LEC objects to collocation of equipment 
by a requesting telecommunications carrier for purposes within the scope 
of section 251(c)(6) of the Act, the incumbent LEC shall prove to the 
state commission that the equipment will not be actually used by the 
telecommunications carrier for the purpose of obtaining interconnection 
or access to unbundled network elements. Equipment used for 
interconnection and access to unbundled network elements includes, but 
is not limited to:
    (1) Transmission equipment including, but not limited to, optical 
terminating equipment and multiplexers; and
    (2) Equipment being collocated to terminate basic transmission 
facilities pursuant to Secs. 64.1401 and 64.1402 of this chapter as of 
August 1, 1996.
    (c) Nothing in this section requires an incumbent LEC to permit 
collocation of switching equipment or equipment used to provide enhanced 
services.
    (d) When an incumbent LEC provides physical collocation, virtual 
collocation, or both, the incumbent LEC shall:
    (1) Provide an interconnection point or points, physically 
accessible by both the incumbent LEC and the collocating 
telecommunications carrier, at which the fiber optic cable carrying an 
interconnector's circuits can enter the incumbent LEC's premises, 
provided that the incumbent LEC shall designate interconnection points 
as close as reasonably possible to its premises;
    (2) Provide at least two such interconnection points at each 
incumbent LEC premises at which there are at least two entry points for 
the incumbent LEC's cable facilities, and at which space is available 
for new facilities in at least two of those entry points;
    (3) Permit interconnection of copper or coaxial cable if such 
interconnection is first approved by the state commission; and
    (4) Permit physical collocation of microwave transmission facilities 
except where such collocation is not practical for technical reasons or 
because of space limitations, in which case virtual collocation of such 
facilities is required where technically feasible.
    (e) When providing virtual collocation, an incumbent LEC shall, at a 
minimum, install, maintain, and repair collocated equipment identified 
in paragraph (b) of this section within the same time periods and with 
failure rates that are no greater than those that apply to the 
performance of similar functions for comparable equipment of the 
incumbent LEC itself.
    (f) An incumbent LEC shall allocate space for the collocation of the 
equipment identified in paragraph (b) of this section in accordance with 
the following requirements:
    (1) An incumbent LEC shall make space available within or on its 
premises to requesting telecommunications carriers on a first-come, 
first-served basis, provided, however, that the incumbent LEC shall not 
be required to lease or construct additional space to provide for 
physical collocation when existing space has been exhausted;
    (2) To the extent possible, an incumbent LEC shall make contiguous 
space available to requesting telecommunications carriers that seek to 
expand their existing collocation space;
    (3) When planning renovations of existing facilities or constructing 
or leasing new facilities, an incumbent LEC shall take into account 
projected demand for collocation of equipment;
    (4) An incumbent LEC may retain a limited amount of floor space for 
its own specific future uses, provided, however, that the incumbent LEC 
may not reserve space for future use on terms

[[Page 34]]

more favorable than those that apply to other telecommunications 
carriers seeking to reserve collocation space for their own future use;
    (5) An incumbent LEC shall relinquish any space held for future use 
before denying a request for virtual collocation on the grounds of space 
limitations, unless the incumbent LEC proves to the state commission 
that virtual collocation at that point is not technically feasible; and
    (6) An incumbent LEC may impose reasonable restrictions on the 
warehousing of unused space by collocating telecommunications carriers, 
provided, however, that the incumbent LEC shall not set maximum space 
limitations applicable to such carriers unless the incumbent LEC proves 
to the state commission that space constraints make such restrictions 
necessary.
    (g) An incumbent LEC shall permit collocating telecommunications 
carriers to collocate equipment and connect such equipment to unbundled 
network transmission elements obtained from the incumbent LEC, and shall 
not require such telecommunications carriers to bring their own 
transmission facilities to the incumbent LEC's premises in which they 
seek to collocate equipment.
    (h) An incumbent LEC shall permit a collocating telecommunications 
carrier to interconnect its network with that of another collocating 
telecommunications carrier at the incumbent LEC's premises and to 
connect its collocated equipment to the collocated equipment of another 
telecommunications carrier within the same premises provided that the 
collocated equipment is also used for interconnection with the incumbent 
LEC or for access to the incumbent LEC's unbundled network elements.
    (1) An incumbent LEC shall provide the connection between the 
equipment in the collocated spaces of two or more telecommunications 
carriers, unless the incumbent LEC permits one or more of the 
collocating parties to provide this connection for themselves; and
    (2) An incumbent LEC is not required to permit collocating 
telecommunications carriers to place their own connecting transmission 
facilities within the incumbent LEC's premises outside of the actual 
physical collocation space.
    (i) An incumbent LEC may require reasonable security arrangements to 
separate a collocating telecommunications carrier's space from the 
incumbent LEC's facilities.
    (j) An incumbent LEC shall permit a collocating telecommunications 
carrier to subcontract the construction of physical collocation 
arrangements with contractors approved by the incumbent LEC, provided, 
however, that the incumbent LEC shall not unreasonably withhold approval 
of contractors. Approval by an incumbent LEC shall be based on the same 
criteria it uses in approving contractors for its own purposes.



Sec. 51.325  Notice of network changes: Public notice requirement.

    (a) An incumbent local exchange carrier (``LEC'') must provide 
public notice regarding any network change that:
    (1) Will affect a competing service provider's performance or 
ability to provide service; or
    (2) Will affect the incumbent LEC's interoperability with other 
service providers.
    (b) For purposes of this section, interoperability means the ability 
of two or more facilities, or networks, to be connected, to exchange 
information, and to use the information that has been exchanged.
    (c) Until public notice has been given in accordance with 
Secs. 51.325 through 51.335, an incumbent LEC may not disclose to 
separate affiliates, separated affiliates, or unaffiliated entities 
(including actual or potential competing service providers or 
competitors), information about planned network changes that are subject 
to this section.
    (d) For the purposes of Secs. 51.325 through 51.335, the term 
services means telecommunications services or information services.

[61 FR 47351, Sept. 6, 1996]

[[Page 35]]



Sec. 51.327  Notice of network changes: Content of notice.

    (a) Public notice of planned network changes must, at a minimum, 
include:
    (1) The carrier's name and address;
    (2) The name and telephone number of a contact person who can supply 
additional information regarding the planned changes;
    (3) The implementation date of the planned changes;
    (4) The location(s) at which the changes will occur;
    (5) A description of the type of changes planned (Information 
provided to satisfy this requirement must include, as applicable, but is 
not limited to, references to technical specifications, protocols, and 
standards regarding transmission, signaling, routing, and facility 
assignment as well as references to technical standards that would be 
applicable to any new technologies or equipment, or that may otherwise 
affect interconnection); and
    (6) A description of the reasonably foreseeable impact of the 
planned changes.
    (b) The incumbent LEC also shall follow, as necessary, procedures 
relating to confidential or proprietary information contained in 
Sec. 51.335.

[61 FR 47351, Sept. 6, 1996]



Sec. 51.329  Notice of network changes: Methods for providing notice.

    (a) In providing the required notice to the public of network 
changes, an incumbent LEC may use one of the following methods:
    (1) Filing a public notice with the Commission; or
    (2) Providing public notice through industry fora, industry 
publications, or the carrier's publicly accessible Internet site. If an 
incumbent LEC uses any of the methods specified in paragraph (a)(2) of 
this section, it also must file a certification with the Commission that 
includes:
    (i) A statement that identifies the proposed changes;
    (ii) A statement that public notice has been given in compliance 
with Secs. 51.325 through 51.335; and
    (iii) A statement identifying the location of the change information 
and describing how this information can be obtained.
    (b) Until the planned change is implemented, an incumbent LEC must 
keep the notice available for public inspection, and amend the notice to 
keep the information complete, accurate and up-to-date.
    (c) Specific filing requirements. Commission filings under this 
section must be made as follows:
    (1) The public notice or certification must be labeled with one of 
the following titles, as appropriate: ``Public Notice of Network Change 
Under Rule 51.329(a),'' ``Certification of Public Notice of Network 
Change Under Rule 51.329(a),'' ``Short Term Public Notice Under Rule 
51.333(a),'' or ``Certification of Short Term Public Notice Under Rule 
51.333(a).''
    (2) Two paper copies of the incumbent LEC's public notice or 
certification, required under paragraph (a) of this section, must be 
sent to ``Secretary, Federal Communications Commission, Washington, DC 
20554.'' The date on which this filing is received by the Secretary is 
considered the official filing date.
    (3) In addition, one paper copy and one diskette copy must be sent 
to the ``Chief, Network Services Division, Common Carrier Bureau, 
Federal Communications Commission, Washington, DC 20554.'' The diskette 
copy must be on a standard 3\1/2\ inch diskette, formatted in IBM-
compatible format to be readable by high-density floppy drives operating 
under MS DOS 5.X or later compatible versions, and shall be in a word-
processing format designated, from time-to-time, in public notices 
released by the Network Services Division. The diskette must be 
submitted in ``read only'' mode, and must be clearly labeled with the 
carrier's name, the filing date, and an identification of the diskette's 
contents.

[61 FR 47351, Sept. 6, 1996]



Sec. 51.331  Notice of network changes: Timing of notice.

    (a) An incumbent LEC shall give public notice of planned changes at 
the make/buy point, as defined in paragraph (b) of this section, but at 
least 12 months before implementation, except as provided below:

[[Page 36]]

    (1) If the changes can be implemented within twelve months of the 
make/buy point, public notice must be given at the make/buy point, but 
at least six months before implementation.
    (2) If the changes can be implemented within six months of the make/
buy point, public notice may be given pursuant to the short term notice 
procedures provided in Sec. 51.333.
    (b) For purposes of this section, the make/buy point is the time at 
which an incumbent LEC decides to make for itself, or to procure from 
another entity, any product the design of which affects or relies on a 
new or changed network interface. If an incumbent LEC's planned changes 
do not require it to make or to procure a product, then the make/buy 
point is the point at which the incumbent LEC makes a definite decision 
to implement a network change.
    (1) For purposes of this section, a product is any hardware or 
software for use in an incumbent LEC's network or in conjunction with 
its facilities that, when installed, could affect the compatibility of 
an interconnected service provider's network, facilities or services 
with an incumbent LEC's existing telephone network, facilities or 
services, or with any of an incumbent carrier's services or 
capabilities.
    (2) For purposes of this section a definite decision is reached when 
an incumbent LEC determines that the change is warranted, establishes a 
timetable for anticipated implementation, and takes any action toward 
implementation of the change within its network.

[61 FR 47352, Sept. 6, 1996]



Sec. 51.333  Notice of network changes: Short term notice.

    (a) Certificate of service. If an incumbent LEC wishes to provide 
less than six months notice of planned network changes, the public 
notice or certification that it files with the Commission must include a 
certificate of service in addition to the information required by 
Sec. 51.327(a) or Sec. 51.329(a)(2), as applicable. The certificate of 
service shall include:
    (1) A statement that, at least five business days in advance of its 
filing with the Commission, the incumbent LEC served a copy of its 
public notice upon each telephone exchange service provider that 
directly interconnects with the incumbent LEC's network; and
    (2) The name and address of each such telephone exchange service 
provider upon which the notice was served.
    (b) Implementation date. The Commission will release a public notice 
of such short term notice filings. Short term notices shall be deemed 
final on the tenth business day after the release of the Commission's 
public notice, unless an objection is filed, pursuant to paragraph (c) 
of this section.
    (c) Objection procedures. An objection to an incumbent LEC's short 
term notice may be filed by an information service provider or 
telecommunication service provider that directly interconnects with the 
incumbent LEC's network. Such objections must be filed with the 
Commission, and served on the incumbent LEC, no later than the ninth 
business day following the release of the Commission's public notice. 
All objections to an incumbent LEC's short term notice must:
    (1) State specific reasons why the objector cannot accommodate the 
incumbent LEC's changes by the date stated in the incumbent LEC's public 
notice and must indicate any specific technical information or other 
assistance required that would enable the objector to accommodate those 
changes;
    (2) List steps the objector is taking to accommodate the incumbent 
LEC's changes on an expedited basis;
    (3) State the earliest possible date (not to exceed six months from 
the date the incumbent LEC gave its original public notice under this 
section) by which the objector anticipates that it can accommodate the 
incumbent LEC's changes, assuming it receives the technical information 
or other assistance requested under paragraph (c)(1) of this section;
    (4) Provide any other information relevant to the objection; and
    (5) Provide the following affidavit, executed by the objector's 
president, chief executive officer, or other corporate officer or 
official, who has appropriate authority to bind the corporation, and 
knowledge of the details

[[Page 37]]

of the objector's inability to adjust its network on a timely basis:

    ``I, (name and title), under oath and subject to penalty for 
perjury, certify that I have read this objection, that the statements 
contained in it are true, that there is good ground to support the 
objection, and that it is not interposed for purposes of delay. I have 
appropriate authority to make this certification on behalf of (objector) 
and I agree to provide any information the Commission may request to 
allow the Commission to evaluate the truthfulness and validity of the 
statements contained in this objection.''


    (d) Response to objections. If an objection is filed, an incumbent 
LEC shall have until no later than the fourteenth business day following 
the release of the Commission's public notice to file with the 
Commission a response to the objection and to serve the response on all 
parties that filed objections. An incumbent LEC's response must:
    (1) Provide information responsive to the allegations and concerns 
identified by the objectors;
    (2) State whether the implementation date(s) proposed by the 
objector(s) are acceptable;
    (3) Indicate any specific technical assistance that the incumbent 
LEC is willing to give to the objectors; and
    (4) Provide any other relevant information.
    (e) Resolution. If an objection is filed pursuant to paragraph (c) 
of this section, then the Chief, Network Services Division, Common 
Carrier Bureau, will issue an order determining a reasonable public 
notice period, provided however, that if an incumbent LEC does not file 
a response within the time period allotted, or if the incumbent LEC's 
response accepts the latest implementation date stated by an objector, 
then the incumbent LEC's public notice shall be deemed amended to 
specify the implementation date requested by the objector, without 
further Commission action. An incumbent LEC must amend its public notice 
to reflect any change in the applicable implementation date pursuant to 
Sec. 51.329(b).

[61 FR 47352, Sept. 6, 1996]



Sec. 51.335  Notice of network changes: Confidential or proprietary information.

    (a) If an incumbent LEC claims that information otherwise required 
to be disclosed is confidential or proprietary, the incumbent LEC's 
public notice must include, in addition to the information identified in 
Sec. 51.327(a), a statement that the incumbent LEC will make further 
information available to those signing a nondisclosure agreement.
    (b) Tolling the public notice period. Upon receipt by an incumbent 
LEC of a competing service provider's request for disclosure of 
confidential or proprietary information, the applicable public notice 
period will be tolled until the parties agree on the terms of a 
nondisclosure agreement. An incumbent LEC receiving such a request must 
amend its public notice as follows:
    (1) On the date it receives a request from a competing service 
provider for disclosure of confidential or proprietary information, to 
state that the notice period is tolled; and
    (2) On the date the nondisclosure agreement is finalized, to specify 
a new implementation date.

[61 FR 47352, Sept. 6, 1996]



Subpart E--Exemptions, Suspensions, and Modifications of Requirements of 
                         Section 251 of the Act



Sec. 51.401  State authority.

    A state commission shall determine whether a telephone company is 
entitled, pursuant to section 251(f) of the Act, to exemption from, or 
suspension or modification of, the requirements of section 251 of the 
Act. Such determinations shall be made on a case-by-case basis.



Sec. 51.403  Carriers eligible for suspension or modification under section 251(f)(2) of the Act.

    A LEC is not eligible for a suspension or modification of the 
requirements of section 251(b) or section 251(c) of the Act pursuant to 
section 251(f)(2) of the Act if such LEC, at the holding company level, 
has two percent or more of

[[Page 38]]

the subscriber lines installed in the aggregate nationwide.



Sec. 51.405  Burden of proof.

    (a) Upon receipt of a bona fide request for interconnection, 
services, or access to unbundled network elements, a rural telephone 
company must prove to the state commission that the rural telephone 
company should be entitled, pursuant to section 251(f)(1) of the Act, to 
continued exemption from the requirements of section 251(c) of the Act.
    (b) A LEC with fewer than two percent of the nation's subscriber 
lines installed in the aggregate nationwide must prove to the state 
commission, pursuant to section 251(f)(2) of the Act, that it is 
entitled to a suspension or modification of the application of a 
requirement or requirements of section 251(b) or 251(c) of the Act.
    (c) In order to justify continued exemption under section 251(f)(1) 
of the Act once a bona fide request has been made, an incumbent LEC must 
offer evidence that the application of the requirements of section 
251(c) of the Act would be likely to cause undue economic burden beyond 
the economic burden that is typically associated with efficient 
competitive entry.
    (d) In order to justify a suspension or modification under section 
251(f)(2) of the Act, a LEC must offer evidence that the application of 
section 251(b) or section 251(c) of the Act would be likely to cause 
undue economic burden beyond the economic burden that is typically 
associated with efficient competitive entry.



                     Subpart F--Pricing of Elements



Sec. 51.501  Scope.

    (a) The rules in this subpart apply to the pricing of network 
elements, interconnection, and methods of obtaining access to unbundled 
elements, including physical collocation and virtual collocation.
    (b) As used in this subpart, the term ``element'' includes network 
elements, interconnection, and methods of obtaining interconnection and 
access to unbundled elements.



Sec. 51.503  General pricing standard.

    (a) An incumbent LEC shall offer elements to requesting 
telecommunications carriers at rates, terms, and conditions that are 
just, reasonable, and nondiscriminatory.
    (b) An incumbent LEC's rates for each element it offers shall comply 
with the rate structure rules set forth in Secs. 51.507 and 51.509, and 
shall be established, at the election of the state commission--
    (1) Pursuant to the forward-looking economic cost-based pricing 
methodology set forth in Secs. 51.505 and 51.511; or
    (2) Consistent with the proxy ceilings and ranges set forth in 
Sec. 51.513.
    (c) The rates that an incumbent LEC assesses for elements shall not 
vary on the basis of the class of customers served by the requesting 
carrier, or on the type of services that the requesting carrier 
purchasing such elements uses them to provide.



Sec. 51.505  Forward-looking economic cost.

    (a) In general. The forward-looking economic cost of an element 
equals the sum of:
    (1) The total element long-run incremental cost of the element, as 
described in paragraph (b); and
    (2) A reasonable allocation of forward-looking common costs, as 
described in paragraph (c).
    (b) Total element long-run incremental cost. The total element long-
run incremental cost of an element is the forward-looking cost over the 
long run of the total quantity of the facilities and functions that are 
directly attributable to, or reasonably identifiable as incremental to, 
such element, calculated taking as a given the incumbent LEC's provision 
of other elements.
    (1) Efficient network configuration. The total element long-run 
incremental cost of an element should be measured based on the use of 
the most efficient telecommunications technology currently available and 
the lowest cost network configuration, given the existing location of 
the incumbent LEC's wire centers.
    (2) Forward-looking cost of capital. The forward-looking cost of 
capital shall be used in calculating the total element

[[Page 39]]

long-run incremental cost of an element.
    (3) Depreciation rates. The depreciation rates used in calculating 
forward-looking economic costs of elements shall be economic 
depreciation rates.
    (c) Reasonable allocation of forward-looking common costs--(1) 
Forward-looking common costs. Forward-looking common costs are economic 
costs efficiently incurred in providing a group of elements or services 
(which may include all elements or services provided by the incumbent 
LEC) that cannot be attributed directly to individual elements or 
services.
    (2) Reasonable allocation. (i) The sum of a reasonable allocation of 
forward-looking common costs and the total element long-run incremental 
cost of an element shall not exceed the stand-alone costs associated 
with the element. In this context, stand-alone costs are the total 
forward-looking costs, including corporate costs, that would be incurred 
to produce a given element if that element were provided by an efficient 
firm that produced nothing but the given element.
    (ii) The sum of the allocation of forward-looking common costs for 
all elements and services shall equal the total forward-looking common 
costs, exclusive of retail costs, attributable to operating the 
incumbent LEC's total network, so as to provide all the elements and 
services offered.
    (d) Factors that may not be considered. The following factors shall 
not be considered in a calculation of the forward-looking economic cost 
of an element:
    (1) Embedded costs. Embedded costs are the costs that the incumbent 
LEC incurred in the past and that are recorded in the incumbent LEC's 
books of accounts;
    (2) Retail costs. Retail costs include the costs of marketing, 
billing, collection, and other costs associated with offering retail 
telecommunications services to subscribers who are not 
telecommunications carriers, described in Sec. 51.609;
    (3) Opportunity costs. Opportunity costs include the revenues that 
the incumbent LEC would have received for the sale of telecommunications 
services, in the absence of competition from telecommunications carriers 
that purchase elements; and
    (4) Revenues to subsidize other services. Revenues to subsidize 
other services include revenues associated with elements or 
telecommunications service offerings other than the element for which a 
rate is being established.
    (e) Cost study requirements. An incumbent LEC must prove to the 
state commission that the rates for each element it offers do not exceed 
the forward-looking economic cost per unit of providing the element, 
using a cost study that complies with the methodology set forth in this 
section and Sec. 51.511.
    (1) A state commission may set a rate outside the proxy ranges or 
above the proxy ceilings described in Sec. 51.513 only if that 
commission has given full and fair effect to the economic cost based 
pricing methodology described in this section and Sec. 51.511 in a state 
proceeding that meets the requirements of paragraph (e)(2) of this 
section.
    (2) Any state proceeding conducted pursuant to this section shall 
provide notice and an opportunity for comment to affected parties and 
shall result in the creation of a written factual record that is 
sufficient for purposes of review. The record of any state proceeding in 
which a state commission considers a cost study for purposes of 
establishing rates under this section shall include any such cost study.



Sec. 51.507  General rate structure standard.

    (a) Element rates shall be structured consistently with the manner 
in which the costs of providing the elements are incurred.
    (b) The costs of dedicated facilities shall be recovered through 
flat-rated charges.
    (c) The costs of shared facilities shall be recovered in a manner 
that efficiently apportions costs among users. Costs of shared 
facilities may be apportioned either through usage-sensitive charges or 
capacity-based flat-rated charges, if the state commission finds that 
such rates reasonably reflect the costs imposed by the various users.
    (d) Recurring costs shall be recovered through recurring charges, 
unless an incumbent LEC proves to a state commission that such recurring 
costs are

[[Page 40]]

de minimis. Recurring costs shall be considered de minimis when the 
costs of administering the recurring charge would be excessive in 
relation to the amount of the recurring costs.
    (e) State commissions may, where reasonable, require incumbent LECs 
to recover nonrecurring costs through recurring charges over a 
reasonable period of time. Nonrecurring charges shall be allocated 
efficiently among requesting telecommunications carriers, and shall not 
permit an incumbent LEC to recover more than the total forward-looking 
economic cost of providing the applicable element.
    (f) State commissions shall establish different rates for elements 
in at least three defined geographic areas within the state to reflect 
geographic cost differences.
    (1) To establish geographically-deaveraged rates, state commissions 
may use existing density-related zone pricing plans described in 
Sec. 69.123 of this chapter, or other such cost-related zone plans 
established pursuant to state law.
    (2) In states not using such existing plans, state commissions must 
create a minimum of three cost-related rate zones.



Sec. 51.509  Rate structure standards for specific elements.

    In addition to the general rules set forth in Sec. 51.507, rates for 
specific elements shall comply with the following rate structure rules.
    (a) Local loops. Loop costs shall be recovered through flat-rated 
charges.
    (b) Local switching. Local switching costs shall be recovered 
through a combination of a flat-rated charge for line ports and one or 
more flat-rated or per-minute usage charges for the switching matrix and 
for trunk ports.
    (c) Dedicated transmission links. Dedicated transmission link costs 
shall be recovered through flat-rated charges.
    (d) Shared transmission facilities between tandem switches and end 
offices. The costs of shared transmission facilities between tandem 
switches and end offices may be recovered through usage-sensitive 
charges, or in another manner consistent with the manner that the 
incumbent LEC incurs those costs.
    (e) Tandem switching. Tandem switching costs may be recovered 
through usage-sensitive charges, or in another manner consistent with 
the manner that the incumbent LEC incurs those costs.
    (f) Signaling and call-related database services. Signaling and 
call-related database service costs shall be usage-sensitive, based on 
either the number of queries or the number of messages, with the 
exception of the dedicated circuits known as signaling links, the cost 
of which shall be recovered through flat-rated charges.
    (g) Collocation. Collocation costs shall be recovered consistent 
with the rate structure policies established in the Expanded 
Interconnection proceeding, CC Docket No. 91-141.



Sec. 51.511  Forward-looking economic cost per unit.

    (a) The forward-looking economic cost per unit of an element equals 
the forward-looking economic cost of the element, as defined in 
Sec. 51.505, divided by a reasonable projection of the sum of the total 
number of units of the element that the incumbent LEC is likely to 
provide to requesting telecommunications carriers and the total number 
of units of the element that the incumbent LEC is likely to use in 
offering its own services, during a reasonable measuring period.
    (b)(1) With respect to elements that an incumbent LEC offers on a 
flat-rate basis, the number of units is defined as the discrete number 
of elements (e.g., local loops or local switch ports) that the incumbent 
LEC uses or provides.
    (2) With respect to elements that an incumbent LEC offers on a 
usage-sensitive basis, the number of units is defined as the unit of 
measurement of the usage (e.g., minutes of use or call-related database 
queries) of the element.



Sec. 51.513  Proxies for forward-looking economic cost.

    (a) A state commission may determine that the cost information 
available to it with respect to one or more elements does not support 
the adoption of a rate or rates that are consistent with the 
requirements set forth in Secs. 51.505 and 51.511. In that event, the 
state commission may establish a rate

[[Page 41]]

for an element that is consistent with the proxies specified in this 
section, provided that:
    (1) Any rate established through use of such proxies shall be 
superseded once the state commission has completed review of a cost 
study that complies with the forward-looking economic cost based pricing 
methodology described in Secs. 51.505 and 51.511, and has concluded that 
such study is a reasonable basis for establishing element rates; and
    (2) The state commission sets forth in writing a reasonable basis 
for its selection of a particular rate for the element.
    (b) The constraints on proxy-based rates described in this section 
apply on a geographically averaged basis. For purposes of determining 
whether geographically deaveraged rates for elements comply with the 
provisions of this section, a geographically averaged proxy-based rate 
shall be computed based on the weighted average of the actual, 
geographically deaveraged rates that apply in separate geographic areas 
in a state.
    (c) Proxies for specific elements. (1) Local loops. For each state 
listed below, the proxy-based monthly rate for unbundled local loops, on 
a statewide weighted average basis, shall be no greater than the figures 
listed in the table below. (The Commission has not established a default 
proxy ceiling for loop rates in Alaska.)

                                  Table                                 
------------------------------------------------------------------------
                                                                  Proxy 
                             State                               ceiling
------------------------------------------------------------------------
Alabama.......................................................    $17.25
Arizona.......................................................     12.85
Arkansas......................................................     21.18
California....................................................     11.10
Colorado......................................................     14.97
Connecticut...................................................     13.23
Delaware......................................................     13.24
District of Columbia..........................................     10.81
Florida.......................................................     13.68
Georgia.......................................................     16.09
Hawaii........................................................     15.27
Idaho.........................................................     20.16
Illinois......................................................     13.12
Indiana.......................................................     13.29
Iowa..........................................................     15.94
Kansas........................................................     19.85
Kentucky......................................................     16.70
Louisiana.....................................................     16.98
Maine.........................................................     18.69
Maryland......................................................     13.36
Massachusetts.................................................      9.83
Michigan......................................................     15.27
Minnesota.....................................................     14.81
Mississippi...................................................     21.97
Missouri......................................................     18.32
Montana.......................................................     25.18
Nebraska......................................................     18.05
Nevada........................................................     18.95
New Hampshire.................................................     16.00
New Jersey....................................................     12.47
New Mexico....................................................     18.66
New York......................................................     11.75
North Carolina................................................     16.71
North Dakota..................................................     25.36
Ohio..........................................................     15.73
Oklahoma......................................................     17.63
Oregon........................................................     15.44
Pennsylvania..................................................     12.30
Puerto Rico...................................................     12.47
Rhode Island..................................................     11.48
South Carolina................................................     17.07
South Dakota..................................................     25.33
Tennessee.....................................................     17.41
Texas.........................................................     15.49
Utah..........................................................     15.12
Vermont.......................................................     20.13
Virginia......................................................     14.13
Washington....................................................     13.37
West Virginia.................................................     19.25
Wisconsin.....................................................     15.94
Wyoming.......................................................     25.11
------------------------------------------------------------------------

    (2) Local switching.
    (i) The blended proxy-based rate for the usage-sensitive component 
of the unbundled local switching element, including the switching 
matrix, the functionalities used to provide vertical features, and the 
trunk ports, shall be no greater than 0.4 cents ($0.004) per minute, and 
no less than 0.2 cents ($0.002) per minute, except that, where a state 
commission has, before August 8, 1996, established a rate less than or 
equal to 0.5 cents ($0.005) per minute, that rate may be retained 
pending completion of a forward-looking economic cost study. If a flat-
rated charge is established for these components, it shall be converted 
to a per-minute rate by dividing the projected average minutes of use 
per flat-rated subelement, for purposes of assessing compliance with 
this proxy. A weighted average of such flat-rate or usage-sensitive 
charges shall be used in appropriate circumstances, such as when peak 
and off-peak charges are used.
    (ii) The blended proxy-based rate for the line port component of the 
local switching element shall be no less than $1.10, and no more than 
$2.00, per line

[[Page 42]]

port per month for ports used in the delivery of basic residential and 
business exchange services.
    (3) Dedicated transmission links. The proxy-based rates for 
dedicated transmission links shall be no greater than the incumbent 
LEC's tariffed interstate charges for comparable entrance facilities or 
direct-trunked transport offerings, as described in Secs. 69.110 and 
69.112 of this chapter.
    (4) Shared transmission facilities between tandem switches and end 
offices. The proxy-based rates for shared transmission facilities 
between tandem switches and end offices shall be no greater than the 
weighted per-minute equivalent of DS1 and DS3 interoffice dedicated 
transmission link rates that reflects the relative number of DS1 and DS3 
circuits used in the tandem to end office links (or a surrogate based on 
the proportion of copper and fiber facilities in the interoffice 
network), calculated using a loading factor of 9,000 minutes per month 
per voice-grade circuit, as described in Sec. 69.112 of this chapter.
    (5) Tandem switching. The proxy-based rate for tandem switching 
shall be no greater than 0.15 cents ($0.0015) per minute of use.
    (6) Collocation. To the extent that the incumbent LEC offers a 
comparable form of collocation in its interstate expanded 
interconnection tariffs, as described in Secs. 64.1401 and 69.121 of 
this chapter, the proxy-based rates for collocation shall be no greater 
than the effective rates for equivalent services in the interstate 
expanded interconnection tariff. To the extent that the incumbent LEC 
does not offer a comparable form of collocation in its interstate 
expanded interconnection tariffs, a state commission may, in its 
discretion, establish a proxy-based rate, provided that the state 
commission sets forth in writing a reasonable basis for concluding that 
its rate would approximate the result of a forward-looking economic cost 
study, as described in Sec. 51.505.
    (7) Signaling, call-related database, and other elements. To the 
extent that the incumbent LEC has established rates for offerings 
comparable to other elements in its interstate access tariffs, and has 
provided cost support for those rates pursuant to Sec. 61.49(h) of this 
chapter, the proxy-based rates for those elements shall be no greater 
than the effective rates for equivalent services in the interstate 
access tariffs. In other cases, the proxy-based rate shall be no greater 
than a rate based on direct costs plus a reasonable allocation of 
overhead loadings, pursuant to Sec. 61.49(h) of this chapter.

[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 52709, Oct. 8, 1996]



Sec. 51.515  Application of access charges.

    (a) Neither the interstate access charges described in part 69 of 
this chapter nor comparable intrastate access charges shall be assessed 
by an incumbent LEC on purchasers of elements that offer telephone 
exchange or exchange access services.
    (b) Notwithstanding Secs. 51.505, 51.511, and 51.513(d)(2) and 
paragraph (a) of this section, an incumbent LEC may assess upon 
telecommunications carriers that purchase unbundled local switching 
elements, as described in Sec. 51.319(c)(1), for interstate minutes of 
use traversing such unbundled local switching elements, the carrier 
common line charge described in Sec. 69.105 of this chapter, and a 
charge equal to 75% of the interconnection charge described in 
Sec. 69.124 of this chapter, only until the earliest of the following, 
and not thereafter:
    (1) June 30, 1997;
    (2) The later of the effective date of a final Commission decision 
in CC Docket No. 96-45, Federal-State Joint Board on Universal Service, 
or the effective date of a final Commission decision in a proceeding to 
consider reform of the interstate access charges described in part 69; 
or
    (3) With respect to a Bell operating company only, the date on which 
that company is authorized to offer in-region interLATA service in a 
state pursuant to section 271 of the Act. The end date for Bell 
operating companies that are authorized to offer interLATA service shall 
apply only to the recovery of access charges in those states in which 
the Bell operating company is authorized to offer such service.
    (c) Notwithstanding Secs. 51.505, 51.511, and 51.513(d)(2) and 
paragraph (a) of this section, an incumbent LEC may

[[Page 43]]

assess upon telecommunications carriers that purchase unbundled local 
switching elements, as described in Sec. 51.319(c)(1), for intrastate 
toll minutes of use traversing such unbundled local switching elements, 
intrastate access charges comparable to those listed in paragraph (b) 
and any explicit intrastate universal service mechanism based on access 
charges, only until the earliest of the following, and not thereafter:
    (1) June 30, 1997;
    (2) The effective date of a state commission decision that an 
incumbent LEC may not assess such charges; or
    (3) With respect to a Bell operating company only, the date on which 
that company is authorized to offer in-region interLATA service in the 
state pursuant to section 271 of the Act. The end date for Bell 
operating companies that are authorized to offer interLATA service shall 
apply only to the recovery of access charges in those states in which 
the Bell operating company is authorized to offer such service.
    (d) Interstate access charges described in part 69 shall not be 
assessed by incumbent LECs on each element purchased by requesting 
carriers providing both telephone exchange and exchange access services 
to such requesting carriers' end users.

[61 FR 45619, Aug. 29, 1996, as amended at 62 FR 45587, Aug. 28, 1997]



                            Subpart G--Resale



Sec. 51.601  Scope of resale rules.

    The provisions of this subpart govern the terms and conditions under 
which LECs offer telecommunications services to requesting 
telecommunications carriers for resale.



Sec. 51.603  Resale obligation of all local exchange carriers.

    (a) A LEC shall make its telecommunications services available for 
resale to requesting telecommunications carriers on terms and conditions 
that are reasonable and non-discriminatory.
    (b) A LEC must provide services to requesting telecommunications 
carriers for resale that are equal in quality, subject to the same 
conditions, and provided within the same provisioning time intervals 
that the LEC provides these services to others, including end users.



Sec. 51.605  Additional obligations of incumbent local exchange carriers.

    (a) An incumbent LEC shall offer to any requesting 
telecommunications carrier any telecommunications service that the 
incumbent LEC offers on a retail basis to subscribers that are not 
telecommunications carriers for resale at wholesale rates that are, at 
the election of the state commission--
    (1) Consistent with the avoided cost methodology described in 
Secs. 51.607 and 51.609; or
    (2) Interim wholesale rates, pursuant to Sec. 51.611.
    (b) Except as provided in Sec. 51.613, an incumbent LEC shall not 
impose restrictions on the resale by a requesting carrier of 
telecommunications services offered by the incumbent LEC.



Sec. 51.607  Wholesale pricing standard.

    (a) The wholesale rate that an incumbent LEC may charge for a 
telecommunications service provided for resale to other 
telecommunications carriers shall equal the incumbent LEC's existing 
retail rate for the telecommunications service, less avoided retail 
costs, as described in Sec. 51.609.
    (b) For purposes of this subpart, exchange access services, as 
defined in section 3 of the Act, shall not be considered to be 
telecommunications services that incumbent LECs must make available for 
resale at wholesale rates to requesting telecommunications carriers.



Sec. 51.609  Determination of avoided retail costs.

    (a) Except as provided in Sec. 51.611, the amount of avoided retail 
costs shall be determined on the basis of a cost study that complies 
with the requirements of this section.
    (b) Avoided retail costs shall be those costs that reasonably can be 
avoided when an incumbent LEC provides a telecommunications service for 
resale at wholesale rates to a requesting carrier.
    (c) For incumbent LECs that are designated as Class A companies 
under

[[Page 44]]

Sec. 32.11 of this chapter, except as provided in paragraph (d) of this 
section, avoided retail costs shall:
    (1) Include, as direct costs, the costs recorded in USOA accounts 
6611 (product management), 6612 (sales), 6613 (product advertising), 
6621 (call completion services), 6622 (number services), and 6623 
(customer services) (Secs. 32.6611, 32.6612, 32.6613, 32.6621, 32.6622, 
and 32.6623 of this chapter);
    (2) Include, as indirect costs, a portion of the costs recorded in 
USOA accounts 6121-6124 (general support expenses), 6711, 6712, 6721-
6728 (corporate operations expenses), and 5301 (telecommunications 
uncollectibles) (Secs. 32.6121-32.6124, 32.6711, 32.6712, 32.6721-
32.6728, and 32.5301 of this chapter); and
    (3) Not include plant-specific expenses and plant non-specific 
expenses, other than general support expenses (Secs. 32.6110-32.6116, 
32.6210-32.6565 of this chapter).
    (d) Costs included in accounts 6611-6613 and 6621-6623 described in 
paragraph (c) of this section (Secs. 32.6611-32.6613 and 32.6621-32.6623 
of this chapter) may be included in wholesale rates only to the extent 
that the incumbent LEC proves to a state commission that specific costs 
in these accounts will be incurred and are not avoidable with respect to 
services sold at wholesale, or that specific costs in these accounts are 
not included in the retail prices of resold services. Costs included in 
accounts 6110-6116 and 6210-6565 described in paragraph (c) of this 
section (Secs. 32.6110-32.6116, 32.6210-32.6565 of this chapter) may be 
treated as avoided retail costs, and excluded from wholesale rates, only 
to the extent that a party proves to a state commission that specific 
costs in these accounts can reasonably be avoided when an incumbent LEC 
provides a telecommunications service for resale to a requesting 
carrier.
    (e) For incumbent LECs that are designated as Class B companies 
under Sec. 32.11 of this chapter and that record information in summary 
accounts instead of specific USOA accounts, the entire relevant summary 
accounts may be used in lieu of the specific USOA accounts listed in 
paragraphs (c) and (d) of this section.



Sec. 51.611  Interim wholesale rates.

    (a) If a state commission cannot, based on the information available 
to it, establish a wholesale rate using the methodology prescribed in 
Sec. 51.609, then the state commission may elect to establish an interim 
wholesale rate as described in paragraph (b) of this section.
    (b) The state commission may establish interim wholesale rates that 
are at least 17 percent, and no more than 25 percent, below the 
incumbent LEC's existing retail rates, and shall articulate the basis 
for selecting a particular discount rate. The same discount percentage 
rate shall be used to establish interim wholesale rates for each 
telecommunications service.
    (c) A state commission that establishes interim wholesale rates 
shall, within a reasonable period of time thereafter, establish 
wholesale rates on the basis of an avoided retail cost study that 
complies with Sec. 51.609.



Sec. 51.613  Restrictions on resale.

    (a) Notwithstanding Sec. 51.605(b), the following types of 
restrictions on resale may be imposed:
    (1) Cross-class selling. A state commission may permit an incumbent 
LEC to prohibit a requesting telecommunications carrier that purchases 
at wholesale rates for resale, telecommunications services that the 
incumbent LEC makes available only to residential customers or to a 
limited class of residential customers, from offering such services to 
classes of customers that are not eligible to subscribe to such services 
from the incumbent LEC.
    (2) Short term promotions. An incumbent LEC shall apply the 
wholesale discount to the ordinary rate for a retail service rather than 
a special promotional rate only if:
    (i) Such promotions involve rates that will be in effect for no more 
than 90 days; and
    (ii) The incumbent LEC does not use such promotional offerings to 
evade the wholesale rate obligation, for example by making available a 
sequential series of 90-day promotional rates.


[[Page 45]]


    (b) With respect to any restrictions on resale not permitted under 
paragraph (a), an incumbent LEC may impose a restriction only if it 
proves to the state commission that the restriction is reasonable and 
nondiscriminatory.
    (c) Branding. Where operator, call completion, or directory 
assistance service is part of the service or service package an 
incumbent LEC offers for resale, failure by an incumbent LEC to comply 
with reseller unbranding or rebranding requests shall constitute a 
restriction on resale.
    (1) An incumbent LEC may impose such a restriction only if it proves 
to the state commission that the restriction is reasonable and 
nondiscriminatory, such as by proving to a state commission that the 
incumbent LEC lacks the capability to comply with unbranding or 
rebranding requests.
    (2) For purposes of this subpart, unbranding or rebranding shall 
mean that operator, call completion, or directory assistance services 
are offered in such a manner that an incumbent LEC's brand name or other 
identifying information is not identified to subscribers, or that such 
services are offered in such a manner that identifies to subscribers the 
requesting carrier's brand name or other identifying information.



Sec. 51.615  Withdrawal of services.

    When an incumbent LEC makes a telecommunications service available 
only to a limited group of customers that have purchased such a service 
in the past, the incumbent LEC must also make such a service available 
at wholesale rates to requesting carriers to offer on a resale basis to 
the same limited group of customers that have purchased such a service 
in the past.



Sec. 51.617  Assessment of end user common line charge on resellers.

    (a) Notwithstanding the provision in Sec. 69.104(a) of this chapter 
that the end user common line charge be assessed upon end users, an 
incumbent LEC shall assess this charge, and the charge for changing the 
designated primary interexchange carrier, upon requesting carriers that 
purchase telephone exchange service for resale. The specific end user 
common line charge to be assessed will depend upon the identity of the 
end user served by the requesting carrier.
    (b) When an incumbent LEC provides telephone exchange service to a 
requesting carrier at wholesale rates for resale, the incumbent LEC 
shall continue to assess the interstate access charges provided in part 
69 of this chapter, other than the end user common line charge, upon 
interexchange carriers that use the incumbent LEC's facilities to 
provide interstate or international telecommunications services to the 
interexchange carriers' subscribers.



  Subpart H--Reciprocal Compensation for Transport and Termination of 
                    Local Telecommunications Traffic



Sec. 51.701  Scope of transport and termination pricing rules.

    (a) The provisions of this subpart apply to reciprocal compensation 
for transport and termination of local telecommunications traffic 
between LECs and other telecommunications carriers.
    (b) Local telecommunications traffic. For purposes of this subpart, 
local telecommunications traffic means:
    (1) Telecommunications traffic between a LEC and a 
telecommunications carrier other than a CMRS provider that originates 
and terminates within a local service area established by the state 
commission; or
    (2) Telecommunications traffic between a LEC and a CMRS provider 
that, at the beginning of the call, originates and terminates within the 
same Major Trading Area, as defined in Sec. 24.202(a) of this chapter.
    (c) Transport. For purposes of this subpart, transport is the 
transmission and any necessary tandem switching of local 
telecommunications traffic subject to section 251(b)(5) of the Act from 
the interconnection point between the two carriers to the terminating 
carrier's end office switch that directly serves the called party, or 
equivalent facility provided by a carrier other than an incumbent LEC.
    (d) Termination. For purposes of this subpart, termination is the 
switching

[[Page 46]]

of local telecommunications traffic at the terminating carrier's end 
office switch, or equivalent facility, and delivery of such traffic to 
the called party's premises.
    (e) Reciprocal compensation. For purposes of this subpart, a 
reciprocal compensation arrangement between two carriers is one in which 
each of the two carriers receives compensation from the other carrier 
for the transport and termination on each carrier's network facilities 
of local telecommunications traffic that originates on the network 
facilities of the other carrier.



Sec. 51.703  Reciprocal compensation obligation of LECs.

    (a) Each LEC shall establish reciprocal compensation arrangements 
for transport and termination of local telecommunications traffic with 
any requesting telecommunications carrier.
    (b) A LEC may not assess charges on any other telecommunications 
carrier for local telecommunications traffic that originates on the 
LEC's network.



Sec. 51.705  Incumbent LECs' rates for transport and termination.

    (a) An incumbent LEC's rates for transport and termination of local 
telecommunications traffic shall be established, at the election of the 
state commission, on the basis of:
    (1) The forward-looking economic costs of such offerings, using a 
cost study pursuant to Secs. 51.505 and 51.511;
    (2) Default proxies, as provided in Sec. 51.707; or
    (3) A bill-and-keep arrangement, as provided in Sec. 51.713.
    (b) In cases where both carriers in a reciprocal compensation 
arrangement are incumbent LECs, state commissions shall establish the 
rates of the smaller carrier on the basis of the larger carrier's 
forward-looking costs, pursuant to Sec. 51.711.



Sec. 51.707  Default proxies for incumbent LECs' transport and termination rates.

    (a) A state commission may determine that the cost information 
available to it with respect to transport and termination of local 
telecommunications traffic does not support the adoption of a rate or 
rates for an incumbent LEC that are consistent with the requirements of 
Secs. 51.505 and 51.511. In that event, the state commission may 
establish rates for transport and termination of local 
telecommunications traffic, or for specific components included therein, 
that are consistent with the proxies specified in this section, provided 
that:
    (1) Any rate established through use of such proxies is superseded 
once that state commission establishes rates for transport and 
termination pursuant to Secs. 51.705(a)(1) or 51.705(a)(3); and
    (2) The state commission sets forth in writing a reasonable basis 
for its selection of a particular proxy for transport and termination of 
local telecommunications traffic, or for specific components included 
within transport and termination.
    (b) If a state commission establishes rates for transport and 
termination of local telecommunications traffic on the basis of default 
proxies, such rates must meet the following requirements:
    (1) Termination. The incumbent LEC's rates for the termination of 
local telecommunications traffic shall be no greater than 0.4 cents 
($0.004) per minute, and no less than 0.2 cents ($0.002) per minute, 
except that, if a state commission has, before August 8, 1996, 
established a rate less than or equal to 0.5 cents ($0.005) per minute 
for such calls, that rate may be retained pending completion of a 
forward-looking economic cost study.
    (2) Transport. The incumbent LEC's rates for the transport of local 
telecommunications traffic, under this section, shall comply with the 
proxies described in Sec. 51.513(c) (3), (4), and (5) of this part that 
apply to the analogous unbundled network elements used in transporting a 
call to the end office that serves the called party.

[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 52709, Oct. 8, 1996]



Sec. 51.709  Rate structure for transport and termination.

    (a) In state proceedings, a state commission shall establish rates 
for the transport and termination of local telecommunications traffic 
that are structured consistently with the manner that carriers incur 
those costs, and

[[Page 47]]

consistently with the principles in Secs. 51.507 and 51.509.
    (b) The rate of a carrier providing transmission facilities 
dedicated to the transmission of traffic between two carriers' networks 
shall recover only the costs of the proportion of that trunk capacity 
used by an interconnecting carrier to send traffic that will terminate 
on the providing carrier's network. Such proportions may be measured 
during peak periods.



Sec. 51.711  Symmetrical reciprocal compensation.

    (a) Rates for transport and termination of local telecommunications 
traffic shall be symmetrical, except as provided in paragraphs (b) and 
(c) of this section.
    (1) For purposes of this subpart, symmetrical rates are rates that a 
carrier other than an incumbent LEC assesses upon an incumbent LEC for 
transport and termination of local telecommunications traffic equal to 
those that the incumbent LEC assesses upon the other carrier for the 
same services.
    (2) In cases where both parties are incumbent LECs, or neither party 
is an incumbent LEC, a state commission shall establish the symmetrical 
rates for transport and termination based on the larger carrier's 
forward-looking costs.
    (3) Where the switch of a carrier other than an incumbent LEC serves 
a geographic area comparable to the area served by the incumbent LEC's 
tandem switch, the appropriate rate for the carrier other than an 
incumbent LEC is the incumbent LEC's tandem interconnection rate.
    (b) A state commission may establish asymmetrical rates for 
transport and termination of local telecommunications traffic only if 
the carrier other than the incumbent LEC (or the smaller of two 
incumbent LECs) proves to the state commission on the basis of a cost 
study using the forward-looking economic cost based pricing methodology 
described in Secs. 51.505 and 51.511, that the forward-looking costs for 
a network efficiently configured and operated by the carrier other than 
the incumbent LEC (or the smaller of two incumbent LECs), exceed the 
costs incurred by the incumbent LEC (or the larger incumbent LEC), and, 
consequently, that such that a higher rate is justified.
    (c) Pending further proceedings before the Commission, a state 
commission shall establish the rates that licensees in the Paging and 
Radiotelephone Service (defined in part 22, subpart E of this chapter), 
Narrowband Personal Communications Services (defined in part 24, subpart 
D of this chapter), and Paging Operations in the Private Land Mobile 
Radio Services (defined in part 90, subpart P of this chapter) may 
assess upon other carriers for the transport and termination of local 
telecommunications traffic based on the forward-looking costs that such 
licensees incur in providing such services, pursuant to Secs. 51.505 and 
51.511. Such licensees' rates shall not be set based on the default 
proxies described in Sec. 51.707.



Sec. 51.713  Bill-and-keep arrangements for reciprocal compensation.

    (a) For purposes of this subpart, bill-and-keep arrangements are 
those in which neither of the two interconnecting carriers charges the 
other for the termination of local telecommunications traffic that 
originates on the other carrier's network.
    (b) A state commission may impose bill-and-keep arrangements if the 
state commission determines that the amount of local telecommunications 
traffic from one network to the other is roughly balanced with the 
amount of local telecommunications traffic flowing in the opposite 
direction, and is expected to remain so, and no showing has been made 
pursuant to Sec. 51.711(b).
    (c) Nothing in this section precludes a state commission from 
presuming that the amount of local telecommunications traffic from one 
network to the other is roughly balanced with the amount of local 
telecommunications traffic flowing in the opposite direction and is 
expected to remain so, unless a party rebuts such a presumption.



Sec. 51.715  Interim transport and termination pricing.

    (a) Upon request from a telecommunications carrier without an 
existing interconnection arrangement with an incumbent LEC, the 
incumbent

[[Page 48]]

LEC shall provide transport and termination of local telecommunications 
traffic immediately under an interim arrangement, pending resolution of 
negotiation or arbitration regarding transport and termination rates and 
approval of such rates by a state commission under sections 251 and 252 
of the Act.
    (1) This requirement shall not apply when the requesting carrier has 
an existing interconnection arrangement that provides for the transport 
and termination of local telecommunications traffic by the incumbent 
LEC.
    (2) A telecommunications carrier may take advantage of such an 
interim arrangement only after it has requested negotiation with the 
incumbent LEC pursuant to Sec. 51.301.
    (b) Upon receipt of a request as described in paragraph (a) of this 
section, an incumbent LEC must, without unreasonable delay, establish an 
interim arrangement for transport and termination of local 
telecommunications traffic at symmetrical rates.
    (1) In a state in which the state commission has established 
transport and termination rates based on forward-looking economic cost 
studies, an incumbent LEC shall use these state-determined rates as 
interim transport and termination rates.
    (2) In a state in which the state commission has established 
transport and termination rates consistent with the default price ranges 
and ceilings described in Sec. 51.707, an incumbent LEC shall use these 
state-determined rates as interim rates.
    (3) In a state in which the state commission has neither established 
transport and termination rates based on forward-looking economic cost 
studies nor established transport and termination rates consistent with 
the default price ranges described in Sec. 51.707, an incumbent LEC 
shall set interim transport and termination rates at the default 
ceilings for end-office switching (0.4 cents per minute of use), tandem 
switching (0.15 cents per minute of use), and transport (as described in 
Sec. 51.707(b)(2)).
    (c) An interim arrangement shall cease to be in effect when one of 
the following occurs with respect to rates for transport and termination 
of local telecommunications traffic subject to the interim arrangement:
    (1) A voluntary agreement has been negotiated and approved by a 
state commission;
    (2) An agreement has been arbitrated and approved by a state 
commission; or
    (3) The period for requesting arbitration has passed with no such 
request.
    (d) If the rates for transport and termination of local 
telecommunications traffic in an interim arrangement differ from the 
rates established by a state commission pursuant to Sec. 51.705, the 
state commission shall require carriers to make adjustments to past 
compensation. Such adjustments to past compensation shall allow each 
carrier to receive the level of compensation it would have received had 
the rates in the interim arrangement equalled the rates later 
established by the state commission pursuant to Sec. 51.705.



Sec. 51.717  Renegotiation of existing non-reciprocal arrangements.

    (a) Any CMRS provider that operates under an arrangement with an 
incumbent LEC that was established before August 8, 1996 and that 
provides for non-reciprocal compensation for transport and termination 
of local telecommunications traffic is entitled to renegotiate these 
arrangements with no termination liability or other contract penalties.
    (b) From the date that a CMRS provider makes a request under 
paragraph (a) of this section until a new agreement has been either 
arbitrated or negotiated and has been approved by a state commission, 
the CMRS provider shall be entitled to assess upon the incumbent LEC the 
same rates for the transport and termination of local telecommunications 
traffic that the incumbent LEC assesses upon the CMRS provider pursuant 
to the pre-existing arrangement.

[[Page 49]]



   Subpart I--Procedures for Implementation of Section 252 of the Act



Sec. 51.801  Commission action upon a state commission's failure to act to carry out its responsibility under section 252 of the Act.

    (a) If a state commission fails to act to carry out its 
responsibility under section 252 of the Act in any proceeding or other 
matter under section 252 of the Act, the Commission shall issue an order 
preempting the state commission's jurisdiction of that proceeding or 
matter within 90 days after being notified (or taking notice) of such 
failure, and shall assume the responsibility of the state commission 
under section 252 of the Act with respect to the proceeding or matter 
and shall act for the state commission.
    (b) For purposes of this part, a state commission fails to act if 
the state commission fails to respond, within a reasonable time, to a 
request for mediation, as provided for in section 252(a)(2) of the Act, 
or for a request for arbitration, as provided for in section 252(b) of 
the Act, or fails to complete an arbitration within the time limits 
established in section 252(b)(4)(C) of the Act.
    (c) A state shall not be deemed to have failed to act for purposes 
of section 252(e)(5) of the Act if an agreement is deemed approved under 
section 252(e)(4) of the Act.



Sec. 51.803  Procedures for Commission notification of a state commission's failure to act.

    (a) Any party seeking preemption of a state commission's 
jurisdiction, based on the state commission's failure to act, shall 
notify the Commission in accordance with following procedures:
    (1) Such party shall file with the Secretary of the Commission a 
petition, supported by an affidavit, that states with specificity the 
basis for the petition and any information that supports the claim that 
the state has failed to act, including, but not limited to, the 
applicable provisions of the Act and the factual circumstances 
supporting a finding that the state commission has failed to act;
    (2) Such party shall ensure that the state commission and the other 
parties to the proceeding or matter for which preemption is sought are 
served with the petition required in paragraph (a)(1) of this section on 
the same date that the petitioning party serves the petition on the 
Commission; and
    (3) Within fifteen days from the date of service of the petition 
required in paragraph (a)(1) of this section, the applicable state 
commission and parties to the proceeding may file with the Commission a 
response to the petition.
    (b) The party seeking preemption must prove that the state has 
failed to act to carry out its responsibilities under section 252 of the 
Act.
    (c) The Commission, pursuant to section 252(e)(5) of the Act, may 
take notice upon its own motion that a state commission has failed to 
act. In such a case, the Commission shall issue a public notice that the 
Commission has taken notice of a state commission's failure to act. The 
applicable state commission and the parties to a proceeding or matter in 
which the Commission has taken notice of the state commission's failure 
to act may file, within fifteen days of the issuance of the public 
notice, comments on whether the Commission is required to assume the 
responsibility of the state commission under section 252 of the Act with 
respect to the proceeding or matter.
    (d) The Commission shall issue an order determining whether it is 
required to preempt the state commission's jurisdiction of a proceeding 
or matter within 90 days after being notified under paragraph (a) of 
this section or taking notice under paragraph (c) of this section of a 
state commission's failure to carry out its responsibilities under 
section 252 of the Act.



Sec. 51.805  The Commission's authority over proceedings and matters.

    (a) If the Commission assumes responsibility for a proceeding or 
matter pursuant to section 252(e)(5) of the Act, the Commission shall 
retain jurisdiction over such proceeding or matter. At a minimum, the 
Commission shall approve or reject any interconnection agreement adopted 
by negotiation, mediation or arbitration for which the

[[Page 50]]

Commission, pursuant to section 252(e)(5) of the Act, has assumed the 
state's commission's responsibilities.
    (b) Agreements reached pursuant to mediation or arbitration by the 
Commission pursuant to section 252(e)(5) of the Act are not required to 
be submitted to the state commission for approval or rejection.



Sec. 51.807  Arbitration and mediation of agreements by the Commission pursuant to section 252(e)(5) of the Act.

    (a) The rules established in this section shall apply only to 
instances in which the Commission assumes jurisdiction under section 
252(e)(5) of the Act.
    (b) When the Commission assumes responsibility for a proceeding or 
matter pursuant to section 252(e)(5) of the Act, it shall not be bound 
by state laws and standards that would have applied to the state 
commission in such proceeding or matter.
    (c) In resolving, by arbitration under section 252(b) of the Act, 
any open issues and in imposing conditions upon the parties to the 
agreement, the Commission shall:
    (1) Ensure that such resolution and conditions meet the requirements 
of section 251 of the Act, including the rules prescribed by the 
Commission pursuant to that section;
    (2) Establish any rates for interconnection, services, or network 
elements according to section 252(d) of the Act, including the rules 
prescribed by the Commission pursuant to that section; and
    (3) Provide a schedule for implementation of the terms and 
conditions by the parties to the agreement.
    (d) An arbitrator, acting pursuant to the Commission's authority 
under section 252(e)(5) of the Act, shall use final offer arbitration, 
except as otherwise provided in this section:
    (1) At the discretion of the arbitrator, final offer arbitration may 
take the form of either entire package final offer arbitration or issue-
by-issue final offer arbitration.
    (2) Negotiations among the parties may continue, with or without the 
assistance of the arbitrator, after final arbitration offers are 
submitted. Parties may submit subsequent final offers following such 
negotiations.
    (3) To provide an opportunity for final post-offer negotiations, the 
arbitrator will not issue a decision for at least fifteen days after 
submission to the arbitrator of the final offers by the parties.
    (e) Final offers submitted by the parties to the arbitrator shall be 
consistent with section 251 of the Act, including the rules prescribed 
by the Commission pursuant to that section.
    (f) Each final offer shall:
    (1) Meet the requirements of section 251, including the rules 
prescribed by the Commission pursuant to that section;
    (2) Establish rates for interconnection, services, or access to 
unbundled network elements according to section 252(d) of the Act, 
including the rules prescribed by the Commission pursuant to that 
section; and
    (3) Provide a schedule for implementation of the terms and 
conditions by the parties to the agreement. If a final offer submitted 
by one or more parties fails to comply with the requirements of this 
section, the arbitrator has discretion to take steps designed to result 
in an arbitrated agreement that satisfies the requirements of section 
252(c) of the Act, including requiring parties to submit new final 
offers within a time frame specified by the arbitrator, or adopting a 
result not submitted by any party that is consistent with the 
requirements of section 252(c) of the Act, and the rules prescribed by 
the Commission pursuant to that section.
    (g) Participation in the arbitration proceeding will be limited to 
the requesting telecommunications carrier and the incumbent LEC, except 
that the Commission will consider requests by third parties to file 
written pleadings.
    (h) Absent mutual consent of the parties to change any terms and 
conditions adopted by the arbitrator, the decision of the arbitrator 
shall be binding on the parties.

[[Page 51]]



Sec. 51.809  Availability of provisions of agreements to other telecommunications carriers under section 252(i) of the Act.

    (a) An incumbent LEC shall make available without unreasonable delay 
to any requesting telecommunications carrier any individual 
interconnection, service, or network element arrangement contained in 
any agreement to which it is a party that is approved by a state 
commission pursuant to section 252 of the Act, upon the same rates, 
terms, and conditions as those provided in the agreement. An incumbent 
LEC may not limit the availability of any individual interconnection, 
service, or network element only to those requesting carriers serving a 
comparable class of subscribers or providing the same service (i.e., 
local, access, or interexchange) as the original party to the agreement.
    (b) The obligations of paragraph (a) of this section shall not apply 
where the incumbent LEC proves to the state commission that:
    (1) The costs of providing a particular interconnection, service, or 
element to the requesting telecommunications carrier are greater than 
the costs of providing it to the telecommunications carrier that 
originally negotiated the agreement, or
    (2) The provision of a particular interconnection, service, or 
element to the requesting carrier is not technically feasible.
    (c) Individual interconnection, service, or network element 
arrangements shall remain available for use by telecommunications 
carriers pursuant to this section for a reasonable period of time after 
the approved agreement is available for public inspection under section 
252(f) of the Act.



PART 52--NUMBERING--Table of Contents




                     Subpart A--Scope and Authority

Sec.
52.1  Basis and purpose.
52.3  General.
52.5  Definitions.

                        Subpart B--Administration

52.7  Definitions.
52.9  General requirements.
52.11  North American Numbering Council.
52.13  North American Numbering Plan Administrator.
52.15  Central office code administration.
52.17  Costs of number administration.
52.19  Area code relief.

                      Subpart C--Number Portability

52.21  Definitions.
52.23  Deployment of long-term database methods for number portability 
          by LECs.
52.25  Database architecture and administration.
52.26  NANC Recommendations on Local Number Portability Administration.
52.27  Deployment of transitional measures for number portability.
52.29  Cost recovery for transitional measures for number portability.
52.31  Deployment of long-term database methods for number portability 
          by CMRS providers.
52.32-52.99  [Reserved]

                      Subpart D--Toll Free Numbers

52.101  General definitions.
52.103  Lag times.
52.105  Warehousing.
52.107  Hoarding.
52.109  Permanent cap on number reservations.

Appendix to Part 52--Deployment Schedule for Long-Term Database Methods 
          for Local Number Portability

    Authority:  Sec. 1, 2, 4, 5, 48 Stat. 1066, as amended; 47 U.S.C. 
Sec. 151, 152, 154, 155 unless otherwise noted. Interpret or apply secs. 
3, 4, 201-05, 207-09, 218, 225-7, 251-2, 271 and 332, 48 Stat. 1070, as 
amended, 1077; 47 U.S.C. 153, 154, 201-05, 207-09, 218, 225-7, 251-2, 
271 and 332 unless otherwise noted.

    Source:  61 FR 38637, July 25, 1996, unless otherwise noted.



                     Subpart A--Scope and Authority

    Source:  61 FR 47353, Sept. 6, 1996, unless otherwise noted.



Sec. 52.1  Basis and purpose.

    (a) Basis. These rules are issued pursuant to the Communications Act 
of 1934, as amended, 47 U.S.C. 151 et. seq.
    (b) Purpose. The purpose of these rules is to establish, for the 
United States, requirements and conditions for the administration and 
use of telecommunications numbers for provision of telecommunications 
services.

[[Page 52]]



Sec. 52.3  General.

    The Commission shall have exclusive authority over those portions of 
the North American Numbering Plan (NANP) that pertain to the United 
States. The Commission may delegate to the States or other entities any 
portion of such jurisdiction.



Sec. 52.5  Definitions.

    As used in this part:
    (a) Incumbent local exchange carrier. With respect to an area, an 
``incumbent local exchange carrier'' is a local exchange carrier that:
    (1) On February 8, 1996, provided telephone exchange service in such 
area; and
    (2)(i) On February 8, 1996, was deemed to be a member of the 
exchange carrier association pursuant to Sec. 69.601(b) of this chapter 
(47 CFR 69.601(b)); or
    (ii) Is a person or entity that, on or after February 8, 1996, 
became a successor or assign of a member described in paragraph 
(a)(2)(i) of this section.
    (b) North American Numbering Council (NANC). The ``North American 
Numbering Council'' is an advisory committee created under the Federal 
Advisory Committee Act, 5 U.S.C., App (1988), to advise the Commission 
and to make recommendations, reached through consensus, that foster 
efficient and impartial number administration.
    (c) North American Numbering Plan (NANP). The ``North American 
Numbering Plan'' is the basic numbering scheme for the 
telecommunications networks located in Anguilla, Antigua, Bahamas, 
Barbados, Bermuda, British Virgin Islands, Canada, Cayman Islands, 
Dominica, Dominican Republic, Grenada, Jamaica, Montserrat, St. Kitts & 
Nevis, St. Lucia, St. Vincent, Turks & Caicos Islands, Trinidad & 
Tobago, and the United States (including Puerto Rico, the U.S. Virgin 
Islands, Guam and the Commonwealth of the Northern Mariana Islands).
    (d) State. The term ``state'' includes the District of Columbia and 
the Territories and possessions.
    (e) State commission. The term ``state commission'' means the 
commission, board, or official (by whatever name designated) which under 
the laws of any state has regulatory jurisdiction with respect to 
intrastate operations of carriers.
    (f) Telecommunications. ``Telecommunications'' means the 
transmission, between or among points specified by the user, of 
information of the user's choosing, without change in the form or 
content of the information as sent and received.
    (g) Telecommunications carrier. A ``telecommunications carrier'' is 
any provider of telecommunications services, except that such term does 
not include aggregators of telecommunications services (as defined in 47 
U.S.C. 226(a)(2)).
    (h) Telecommunications service. The term ``telecommunications 
service'' refers to the offering of telecommunications for a fee 
directly to the public, or to such classes of users as to be effectively 
available directly to the public, regardless of the facilities used.



                        Subpart B--Administration

    Source:  61 FR 47353, Sept. 6, 1996, unless otherwise noted.



Sec. 52.7  Definitions.

    As used in this subpart:
    (a) Area code or numbering plan area (NPA). The term ``area code or 
numbering plan area'' refers to the first three digits (NXX) of a ten-
digit telephone number in the form NXX-NXX-XXXX, where N represents any 
one of the numbers 2 through 9 and X represents any one of the numbers 0 
through 9.
    (b) Area code relief. The term ``area code relief'' refers to the 
process by which central office codes are made available when there are 
few or no unassigned central office codes remaining in an existing area 
code and a new area code is introduced.
    (c) Central office (CO) code. The term ``central office code'' 
refers to the second three digits (NXX) of a ten-digit telephone number 
in the form NXX-NXX-XXXX, where N represents any one of the numbers 2 
through 9 and X represents any one of the numbers 0 through 9.
    (d) Central office (CO) code administrator. The term ``central 
office code administrator'' refers to the entity or entities responsible 
for managing central office codes in each area code.

[[Page 53]]

    (e) North American Numbering Plan Administrator (NANPA). The term 
``North American Numbering Plan Administrator'' refers to the entity or 
entities responsible for managing the NANP.



Sec. 52.9  General requirements.

    (a) To ensure that telecommunications numbers are made available on 
an equitable basis, the administration of telecommunications numbers 
shall, in addition to the specific requirements set forth in this 
subpart:
    (1) Facilitate entry into the telecommunications marketplace by 
making telecommunications numbering resources available on an efficient, 
timely basis to telecommunications carriers;
    (2) Not unduly favor or disfavor any particular telecommunications 
industry segment or group of telecommunications consumers; and
    (3) Not unduly favor one telecommunications technology over another.
    (b) If the Commission delegates any telecommunications numbering 
administration functions to any State or other entity pursuant to 47 
U.S.C. 251(e)(1), such State or entity shall perform these functions in 
a manner consistent with this part.



Sec. 52.11  North American Numbering Council.

    The duties of the North American Numbering Council (NANC), may 
include, but are not limited to:
    (a) Advising the Commission on policy matters relating to the 
administration of the NANP in the United States;
    (b) Making recommendations, reached through consensus, that foster 
efficient and impartial number administration;
    (c) Initially resolving disputes, through consensus, pertaining to 
number administration in the United States;
    (d) Recommending to the Commission an appropriate entity to serve as 
the NANPA;
    (e) Recommending to the Commission an appropriate mechanism for 
recovering the costs of NANP administration in the United States, 
consistent with Sec. 52.17;
    (f) Carrying out the duties described in Sec. 52.25; and
    (g) Carrying out this part as directed by the Commission.



Sec. 52.13  North American Numbering Plan Administrator.

    (a) The North American Numbering Plan Administrator (NANPA) shall be 
an independent and impartial non-government entity.
    (b) The duties of the NANPA shall include, but are not limited to:
    (1) Ensuring that the interests of all NANP member countries are 
considered;
    (2) Processing number assignment applications associated with, but 
not limited to: area codes, N11 codes, carrier identification codes 
(CICs), ``500'' central office codes, ``900'' central office codes, 
``456'' central office codes, Signalling System 7 network codes, and 
Automatic Number Identification Integration Integers (ANI II);
    (3) Assigning the numbers and codes described in paragraph (b)(2) of 
this section;
    (4) Maintaining and monitoring administrative number databases;
    (5) Assuming additional telecommunications number administration 
activities, as assigned; and
    (6) Ensuring that any action taken with respect to number 
administration is consistent with this part.



Sec. 52.15  Central office code administration.

    (a) Central Office Code Administration shall be performed by the 
NANPA, or another entity or entities, as designated by the Commission.
    (b) Duties of the entity or entities performing central office code 
administration may include, but are not limited to:
    (1) Processing central office code assignment applications and 
assigning such codes in a manner that is consistent with this part;
    (2) Accessing and maintaining central office code assignment 
databases;
    (3) Contributing to the CO Code Use Survey (COCUS), an annual survey 
that describes the present and projected use of CO codes for each NPA in 
the NANP;

[[Page 54]]

    (4) Monitoring the use of central office codes within each area code 
and forecasting the date by which all central office codes within that 
area code will be assigned; and
    (5) Planning for and initiating area code relief, consistent with 
Sec. 52.19.
    (c) Any telecommunications carrier performing central office code 
administration:
    (1) Shall not charge fees for the assignment or use of central 
office codes to other telecommunications carriers, including paging and 
CMRS providers, unless the telecommunications carrier assigning the 
central office code charges one uniform fee for all carriers, including 
itself and its affiliates; and
    (2) Shall, consistent with this subpart, apply identical standards 
and procedures for processing all central office code assignment 
requests, and for assigning such codes, regardless of the identity of 
the telecommunications carrier making the request.



Sec. 52.17  Costs of number administration.

    All telecommunications carriers in the United States shall 
contribute on a competitively neutral basis to meet the costs of 
establishing numbering administration.
    (a) For each telecommunications carrier, such contributions shall be 
based on the gross revenues from the provision of its telecommunications 
services.
    (b) The contributions in paragraph (a) of this section shall be 
based on each contributor's gross revenues from its provision of 
telecommunications services reduced by all payments for 
telecommunications services and facilities that have been paid to other 
telecommunications carriers.



Sec. 52.19  Area code relief.

    (a) State commissions may resolve matters involving the introduction 
of new area codes within their states. Such matters may include, but are 
not limited to: Directing whether area code relief will take the form of 
a geographic split, an overlay area code, or a boundary realignment; 
establishing new area code boundaries; establishing necessary dates for 
the implementation of area code relief plans; and directing public 
education and notification efforts regarding area code changes.
    (b) State commissions may perform any or all functions related to 
initiation and development of area code relief plans, so long as they 
act consistently with the guidelines enumerated in this part, and 
subject to paragraph (b)(2) of this section. For the purposes of this 
paragraph, initiation and development of area code relief planning 
encompasses all functions related to the implementation of new area 
codes that were performed by central office code administrators prior to 
February 8, 1996. Such functions may include: declaring that the area 
code relief planning process should begin; convening and conducting 
meetings to which the telecommunications industry and the public are 
invited on area code relief for a particular area code; and developing 
the details of a proposed area code relief plan or plans.
    (1) The entity or entities designated by the Commission to serve as 
central office code administrator(s) shall initiate and develop area 
code relief plans for each area code in each state that has not notified 
such entity or entities, pursuant to paragraph (b)(2) of this section, 
that the state will handle such functions.
    (2) Pursuant to paragraph (b)(1) of this section, a state commission 
must notify the entity or entities designated by the Commission to serve 
as central office code administrator(s) for its state that such state 
commission intends to perform matters related to initiation and 
development of area code relief planning efforts in its state. 
Notification shall be written and shall include a description of the 
specific functions the state commission intends to perform. Where the 
NANP Administrator serves as the central office code administrator, such 
notification must be made within 120 days of the selection of the NANP 
Administrator.
    (c) New area codes may be introduced through the use of:
    (1) A geographic area code split, which occurs when the geographic 
area served by an area code in which there are few or no central office 
codes left

[[Page 55]]

for assignment is split into two or more geographic parts;
    (2) An area code boundary realignment, which occurs when the 
boundary lines between two adjacent area codes are shifted to allow the 
transfer of some central office codes from an area code for which 
central office codes remain unassigned to an area code for which few or 
no central office codes are left for assignment; or
    (3) An area code overlay, which occurs when a new area code is 
introduced to serve the same geographic area as an existing area code, 
subject to the following conditions:
    (i) No area code overlay may be implemented unless all central 
office codes in the new overlay area code are assigned to those entities 
requesting assignment on a first-come, first-serve basis, regardless of 
the identity of, technology used by, or type of service provided by that 
entity. No group of telecommunications carriers shall be excluded from 
assignment of central office codes in the existing area code, or be 
assigned such codes only from the overlay area code, based solely on 
that group's provision of a specific type of telecommunications service 
or use of a particular technology;
    (ii) No area code overlay may be implemented unless there exists, at 
the time of implementation, mandatory ten-digit dialing for every 
telephone call within and between all area codes in the geographic area 
covered by the overlay area code; and
    (iii) No area code overlay may be implemented unless every 
telecommunications carrier, including CMRS providers, authorized to 
provide telephone exchange service, exchange access, or paging service 
in that NPA 90 days before introduction of the new overlay area code, is 
assigned during that 90 day period at least one central office code in 
the existing area code.



                      Subpart C--Number Portability

    Source:  61 FR 38637, July 25, 1996, unless otherwise noted. 
Redesignated at 61 FR 47353, Sept. 6, 1996.



Sec. 52.21  Definitions.

    As used in this subpart:
    (a) The term broadband PCS has the same meaning as that term is 
defined in Sec. 24.5 of this chapter.
    (b) The term cellular service has the same meaning as that term is 
defined in Sec. 22.99 of this chapter.
    (c) The term covered SMR means either 800 MHz and 900 MHz SMR 
licensees that hold geographic area licenses or incumbent wide area SMR 
licensees that offer real-time, two-way switched voice service that is 
interconnected with the public switched network, either on a stand-alone 
basis or packaged with other telecommunications services. This term does 
not include local SMR licensees offering mainly dispatch services to 
specialized customers in a non-cellular system configuration, licensees 
offering only data, one-way, or stored voice services on an 
interconnected basis, or any SMR provider that is not interconnected to 
the public switched network.
    (d) The term database method means a number portability method that 
utilizes one or more external databases for providing called party 
routing information.
    (e) The term downstream database means a database owned and operated 
by an individual carrier for the purpose of providing number portability 
in conjunction with other functions and services.
    (f) The term incumbent wide area SMR licensee has the same meaning 
as that term is defined in Sec. 20.3 of this chapter.
    (g) The term local exchange carrier means any person that is engaged 
in the provision of telephone exchange service or exchange access. For 
purposes of this subpart, such term does not include a person insofar as 
such person is engaged in the provision of a commercial mobile service 
under 47 U.S.C. 332(c).
    (h) The term local number portability administrator (LNPA) means an 
independent, non-governmental entity, not aligned with any particular 
telecommunications industry segment, whose duties are determined by the 
NANC.

[[Page 56]]

    (i) The term location portability means the ability of users of 
telecommunications services to retain existing telecommunications 
numbers without impairment of quality, reliability, or convenience when 
moving from one physical location to another.
    (j) The term long-term database method means a database method that 
complies with the performance criteria set forth in Sec. 52.3(a).
    (k) The term number portability means the ability of users of 
telecommunications services to retain, at the same location, existing 
telecommunications numbers without impairment of quality, reliability, 
or convenience when switching from one telecommunications carrier to 
another.
    (l) The term regional database means an SMS database or an SMS/SCP 
pair that contains information necessary for carriers to provide number 
portability in a region as determined by the NANC.
    (m) The term service control point (SCP) means a database in the 
public switched network which contains information and call processing 
instructions needed to process and complete a telephone call. The 
network switches access an SCP to obtain such information. Typically, 
the information contained in an SCP is obtained from the SMS.
    (n) The term service management system (SMS) means a database or 
computer system not part of the public switched network that, among 
other things:
    (1) Interconnects to an SCP and sends to that SCP the information 
and call processing instructions needed for a network switch to process 
and complete a telephone call; and
    (2) Provides telecommunications carriers with the capability of 
entering and storing data regarding the processing and completing of a 
telephone call.
    (o) The term service portability means the ability of users of 
telecommunications services to retain existing telecommunications 
numbers without impairment of quality, reliability, or convenience when 
switching from one telecommunications service to another, without 
switching from one telecommunications carrier to another.
    (p) The term service provider portability means the ability of users 
of telecommunications services to retain, at the same location, existing 
telecommunications numbers without impairment of quality, reliability, 
or convenience when switching from one telecommunications carrier to 
another.
    (q) The term transitional measure means a method such as Remote Call 
Forwarding (RCF), Flexible Direct Inward Dialing (DID), or other 
comparable and technically feasible arrangement that allows one local 
exchange carrier to transfer telephone numbers from its network to the 
network of another telecommunications carrier, but does not comply with 
the performance criteria set forth in Sec. 52.3(a).

[61 FR 38637, July 25, 1996. Redesignated at 61 FR 47353, Sept. 6, 1996, 
as amended at 61 FR 47355, Sept. 6, 1996]



Sec. 52.23  Deployment of long-term database methods for number portability by LECs.

    (a) Subject to paragraphs (b) and (c) of this section, all local 
exchange carriers (LECs) must provide number portability in compliance 
with the following performance criteria:
    (1) Supports network services, features, and capabilities existing 
at the time number portability is implemented, including but not limited 
to emergency services, CLASS features, operator and directory assistance 
services, and intercept capabilities;
    (2) Efficiently uses numbering resources;
    (3) Does not require end users to change their telecommunications 
numbers;
    (4) Does not result in unreasonable degradation in service quality 
or network reliability when implemented;
    (5) Does not result in any degradation in service quality or network 
reliability when customers switch carriers;
    (6) Does not result in a carrier having a proprietary interest;
    (7) Is able to migrate to location and service portability; and
    (8) Has no significant adverse impact outside the areas where number 
portability is deployed.

[[Page 57]]

    (b) (1) All LECs must provide a long-term database method for number 
portability in the 100 largest Metropolitan Statistical Areas (MSAs) by 
December 31, 1998, in accordance with the deployment schedule set forth 
in the Appendix to this part, in switches for which another carrier has 
made a specific request for the provision of number portability, subject 
to paragraph (b)(2) of this section.
    (2) Any procedure to identify and request switches for deployment of 
number portability must comply with the following criteria:
    (i) Any wireline carrier that is certified (or has applied for 
certification) to provide local exchange service in a state, or any 
licensed CMRS provider, must be permitted to make a request for 
deployment of number portability in that state;
    (ii) Carriers must submit requests for deployment at least nine 
months before the deployment deadline for the MSA;
    (iii) A LEC must make available upon request to any interested 
parties a list of its switches for which number portability has been 
requested and a list of its switches for which number portability has 
not been requested; and
    (iv) After the deadline for deployment of number portability in an 
MSA in the 100 largest MSAs, according to the deployment schedule set 
forth in the appendix to this part, a LEC must deploy number portability 
in that MSA in additional switches upon request within the following 
time frames:
    (A) For remote switches supported by a host switch equipped for 
portability (``Equipped Remote Switches''), within 30 days;
    (B) For switches that require software but not hardware changes to 
provide portability (``Hardware Capable Switches''), within 60 days;
    (C) For switches that require hardware changes to provide 
portability (``Capable Switches Requiring Hardware''), within 180 days; 
and
    (D) For switches not capable of portability that must be replaced 
(``Non-Capable Switches''), within 180 days.
    (c) Beginning January 1, 1999, all LECs must make a long-term 
database method for number portability available within six months after 
a specific request by another telecommunications carrier in areas in 
which that telecommunications carrier is operating or plans to operate.
    (d) The Chief, Common Carrier Bureau, may waive or stay any of the 
dates in the implementation schedule, as the Chief determines is 
necessary to ensure the efficient development of number portability, for 
a period not to exceed 9 months (i.e., no later than September 30, 
1999).
    (e) In the event a LEC is unable to meet the Commission's deadlines 
for implementing a long-term database method for number portability, it 
may file with the Commission at least 60 days in advance of the deadline 
a petition to extend the time by which implementation in its network 
will be completed. A LEC seeking such relief must demonstrate through 
substantial, credible evidence the basis for its contention that it is 
unable to comply with the deployment schedule set forth in the appendix 
to this part 52. Such requests must set forth:
    (1) The facts that demonstrate why the carrier is unable to meet the 
Commission's deployment schedule;
    (2) A detailed explanation of the activities that the carrier has 
undertaken to meet the implementation schedule prior to requesting an 
extension of time;
    (3) An identification of the particular switches for which the 
extension is requested;
    (4) The time within which the carrier will complete deployment in 
the affected switches; and
    (5) A proposed schedule with milestones for meeting the deployment 
date.
    (f) The Chief, Common Carrier Bureau, shall monitor the progress of 
local exchange carriers implementing number portability, and may direct 
such carriers to take any actions necessary to ensure compliance with 
the deployment schedule set forth in the appendix to this part 52.
    (g) Carriers that are members of the Illinois Local Number 
Portability Workshop must conduct a field test of any technically 
feasible long-term database method for number portability in the 
Chicago, Illinois, area. The carriers participating in the test

[[Page 58]]

must jointly file with the Common Carrier Bureau a report of their 
findings within 30 days following completion of the test. The Chief, 
Common Carrier Bureau, shall monitor developments during the field test, 
and may adjust the field test completion deadline as necessary.

[61 FR 38637, July 25, 1996, as amended at 62 FR 18294, Apr. 15, 1997]

    Effective Date Note: At 62 FR 18294, Apr. 15, 1997, Sec. 52.23 was 
amended by removing paragraph (a)(9) and revising paragraphs (a)(4) 
through (a)(8) and paragraphs (b) and (g). These amendements contain 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.



Sec. 52.25  Database architecture and administration.

    (a) The North American Numbering Council (NANC) shall direct 
establishment of a nationwide system of regional SMS databases for the 
provision of long-term database methods for number portability.
    (b) All telecommunications carriers shall have equal and open access 
to the regional databases.
    (c) The NANC shall select a local number portability 
administrator(s) (LNPA(s)) to administer the regional databases within 
seven months of the initial meeting of the NANC.
    (d) The NANC shall determine whether one or multiple 
administrator(s) should be selected, whether the LNPA(s) can be the same 
entity selected to be the North American Numbering Plan Administrator, 
how the LNPA(s) should be selected, the specific duties of the LNPA(s), 
the geographic coverage of the regional databases, the technical 
interoperability and operational standards, the user interface between 
telecommunications carriers and the LNPA(s), the network interface 
between the SMS and the downstream databases, and the technical 
specifications for the regional databases.
    (e) Once the NANC has selected the LNPA(s) and determined the 
locations of the regional databases, it must report its decisions to the 
Commission.
    (f) The information contained in the regional databases shall be 
limited to the information necessary to route telephone calls to the 
appropriate telecommunications carriers. The NANC shall determine what 
specific information is necessary.
    (g) Any state may opt out of its designated regional database and 
implement a state-specific database. A state must notify the Common 
Carrier Bureau and NANC that it plans to implement a state-specific 
database within 60 days from the release date of the Public Notice 
issued by the Chief, Common Carrier Bureau, identifying the 
administrator selected by the NANC and the proposed locations of the 
regional databases. Carriers may challenge a state's decision to opt out 
of the regional database system by filing a petition with the 
Commission.
    (h) Individual state databases must meet the national requirements 
and operational standards recommended by the NANC and adopted by the 
Commission. In addition, such state databases must be technically 
compatible with the regional system of databases and must not interfere 
with the scheduled implementation of the regional databases.
    (i) Individual carriers may download information necessary to 
provide number portability from the regional databases into their own 
downstream databases. Individual carriers may mix information needed to 
provide other services or functions with the information downloaded from 
the regional databases at their own downstream databases. Carriers may 
not withhold any information necessary to provide number portability 
from the regional databases on the grounds that such data has been 
combined with other information in its downstream database.



Sec. 52.26  NANC Recommendations on Local Number Portability Administration.

    (a) Local number portability administration shall comply with the 
recommendations of the North American Numbering Council (NANC) as set 
forth in the report to the Commission prepared by the NANC's Local 
Number Portability Administration Selection Working Group, dated April 
25, 1997

[[Page 59]]

(Working Group Report) and its appendices, which are incorporated by 
reference pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. Except that: 
Section 7.10 of Appendix D of the Working Group Report is not 
incorporated herein.
    (b) In addition to the requirements set forth in the Working Group 
Report, the following requirements are established:
    (1) If a telecommunictions carrier transmits a telephone call to a 
local exchange carrier's switch that contains any ported numbers, and 
the telecommunications carrier has failed to perform a database query to 
determine if the telephone number has been ported to another local 
exchange carrier, the local exchange carrier may block the unqueried 
call only if performing the database query is likely to impair network 
reliability;
    (2) The regional limited liability companies (LLCs), already 
established by telecommunications carriers in each of the original Bell 
Operating Company regions, shall manage and oversee the local number 
portability administrators, subject to review by the NANC, but only on 
an interim basis, until the conclusion of a rulemaking to examine the 
issue of local number portability administrator oversight and management 
and the question of whether the LLCs should continue to act in this 
capacity; and
    (3) The NANC shall provide ongoing oversight of number portability 
administration, including oversight of the regional LLCs, subject to 
Commission review. Parties shall attempt to resolve issues regarding 
number portability deployment among themselves and, if necessary, under 
the auspices of the NANC. If any party objects to the NANC's proposed 
resolution, the NANC shall issue a written report summarizing the 
positions of the parties and the basis for the recommendation adopted by 
the NANC. The NANC Chair shall submit its proposed resolution of the 
dispuited issue to the Chief of the Common Carrier Bureau as a 
recommendation for Commission review. The Chief of the Common Carrier 
Bureau will place the NANC's proposed resolution on public notice. 
Recommendations adopted by the NANC and forwarded to the Bureau may be 
implemented by the parties pending review of the recommendation. Within 
90 days of the conclusion of the comment cycle, the Chief of the Common 
Carrier Bureau may issue an order adopting, modifying, or rejecting the 
recommendation. If the Chief does not act within 90 days of the 
conclusion of the comment cycle, the recommendation will be deemed to 
have been adopted by the Bureau.
    (c) The Director of the Federal Register approves this incorporation 
by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies of the Working Group Report and its appendices can be obtained 
from the Commission's contract copier, International Transcription 
Service, Inc., 1231 20th St., N.W., Washington, D.C. 20036, and can be 
inspected during normal business hours at the following locations; 1919 
M Street, N.W., Room 239 (FCC Reference Center), Washington, D.C. 20554 
or at the Office of the Federal Register, 800 North Capitol Street, 
N.W., Suite 700, Washington, D.C. The Working Group Report and its 
appendices are also available in the Internet at http://www.fcc.gov/ccb/
Nanc/.

[62 FR 48786, Sept. 17, 1997]

    Effective Date Note: At 62 FR 48786, Sept. 17, 1997. Sec. 52.26 was 
added, effective Oct. 17, 1997.



Sec. 52.27  Deployment of transitional measures for number portability.

    All LECs shall provide transitional measures, which may consist of 
Remote Call Forwarding (RCF), Flexible Direct Inward Dialing (DID), or 
any other comparable and technically feasible method, as soon as 
reasonably possible upon receipt of a specific request from another 
telecommunications carrier, until such time as the LEC implements a 
long-term database method for number portability in that area.



Sec. 52.29  Cost recovery for transitional measures for number portability.

    Any cost recovery mechanism for the provision of number portability 
pursuant to Sec. 52.7(a), that is adopted by a state commission must 
not:
    (a) Give one telecommunications carrier an appreciable, incremental 
cost

[[Page 60]]

advantage over another telecommunications carrier, when competing for a 
specific subscriber (i.e., the recovery mechanism may not have a 
disparate effect on the incremental costs of competing carriers seeking 
to serve the same customer); or
    (b) Have a disparate effect on the ability of competing 
telecommunications carriers to earn a normal return on their investment.



Sec. 52.31  Deployment of long-term database methods for number portability by CMRS providers.

    (a) By June 30, 1999, all cellular, broadband PCS, and covered SMR 
providers must provide a long-term database method for number 
portability, in the MSAs identified in the appendix to this part in 
compliance with the performance criteria set forth in Sec. 52.23(a), in 
switches for which another carrier has made a specific request for the 
provision of number portability, subject to paragraph (a)(1) of this 
section.
    (1) Any procedure to identify and request switches for deployment of 
number portability must comply with the following criteria:
    (i) Any wireline carrier that is certified (or has applied for 
certification) to provide local exchange service in a state, or any 
licensed CMRS provider, must be permitted to make a request for 
deployment of number portability in that state;
    (ii) For the MSAs identified in the appendix to this part, carriers 
must submit requests for deployment by September 30, 1998;
    (iii) A cellular, broadband PCS, or covered SMR provider must make 
available upon request to any interested parties a list of its switches 
for which number portability has been requested and a list of its 
switches for which number portability has not been requested;
    (iv) After June 30, 1999, a cellular, broadband PCS, or covered SMR 
provider must deploy additional switches serving the MSAs identified in 
the Appendix to this part upon request within the following time frames:
    (A) For remote switches supported by a host switch equipped for 
portability (``Equipped Remote Switches''), within 30 days;
    (B) For switches that require software but not hardware changes to 
provide portability (``Hardware Capable Switches''), within 60 days;
    (C) For switches that require hardware changes to provide 
portability (``Capable Switches Requiring Hardware''), within 180 days; 
and
    (D) For switches not capable of portability that must be replaced 
(``Non-Capable Switches''), within 180 days.
    (v) Carriers must be able to request deployment in any wireless 
switch that serves any area within that MSA, even if the wireless switch 
is outside that MSA, or outside any of the MSAs identified in the 
Appendix to this part.
    (2) By June 30, 1999, all cellular, broadband PCS, and covered SMR 
providers must be able to support roaming nationwide.
    (b) By December 31, 1998, all cellular, broadband PCS, and covered 
SMR providers must have the capability to obtain routing information, 
either by querying the appropriate database themselves or by making 
arrangements with other carriers that are capable of performing database 
queries, so that they can deliver calls from their networks to any party 
that has retained its number after switching from one telecommunications 
carrier to another.
    (c) The Chief, Wireless Telecommunications Bureau, may waive or stay 
any of the dates in the implementation schedule, as the Chief determines 
is necessary to ensure the efficient development of number portability, 
for a period not to exceed 9 months (i.e., no later than September 30, 
1999, for the deadline in paragraph (b) of this section, and no later 
than March 31, 2000, for the deadline in paragraph (a) of this section).
    (d) In the event a carrier subject to paragraphs (a) and (b) of this 
section is unable to meet the Commission's deadlines for implementing a 
long-term number portability method, it may file with the Commission at 
least 60 days in advance of the deadline a petition to extend the time 
by which implementation in its network will be completed. A carrier 
seeking such relief must demonstrate through substantial, credible

[[Page 61]]

evidence the basis for its contention that it is unable to comply with 
paragraphs (a) and (b) of this section. Such requests must set forth:
    (1) The facts that demonstrate why the carrier is unable to meet our 
deployment schedule;
    (2) A detailed explanation of the activities that the carrier has 
undertaken to meet the implementation schedule prior to requesting an 
extension of time;
    (3) An identification of the particular switches for which the 
extension is requested;
    (4) The time within which the carrier will complete deployment in 
the affected switches; and
    (5) A proposed schedule with milestones for meeting the deployment 
date.
    (e) The Chief, Wireless Telecommunications Bureau, may establish 
reporting requirements in order to monitor the progress of cellular, 
broadband PCS, and covered SMR providers implementing number 
portability, and may direct such carriers to take any actions necessary 
to ensure compliance with this deployment schedule.

[61 FR 38637, July 25, 1996, as amended at 62 FR 18295, Apr. 15, 1997]

    Effective Date Note: At 62 FR 18295, Apr. 15, 1997, Sec. 52.31 was 
amended by revising paragraph (a). This amendment contains information 
collection requirements and will not become effective until approval has 
been given by the Office of Management and Budget.



Secs. 52.32-52.99  [Reserved]



                      Subpart D--Toll Free Numbers

    Source: 62 FR 20127, Apr. 25, 1997, unless otherwise noted.



Sec. 52.101  General definitions.

    As used in this part:
    (a) Number Administration and Service Center (``NASC''). The entity 
that provides user support for the Service Management System database 
and administers the Service Management System database on a day-to-day 
basis.
    (b) Responsible Organization (``RespOrg''). The entity chosen by a 
toll free subscriber to manage and administer the appropriate records in 
the toll free Service Management System for the toll free subscriber.
    (c) Service Control Points. The regional databases in the toll free 
network.
    (d) Service Management System Database (``SMS Database''). The 
administrative database system for toll free numbers. The Service 
Management System is a computer system that enables Responsible 
Organizations to enter and amend the data about toll free numbers within 
their control. The Service Management System shares this information 
with the Service Control Points. The entire system is the SMS database.
    (e) Toll Free Subscriber. The entity that requests a Responsible 
Organization to reserve a toll free number from the SMS database.
    (f) Toll Free Number. A telephone number for which the toll charges 
for completed calls are paid by the toll free subscriber. The toll free 
subscriber's specific geographic location has no bearing on what toll 
free number it can obtain from the SMS database.



Sec. 52.103  Lag times.

    (a) Definitions. As used in this section, the following definitions 
apply:
    (1) Assigned Status. A toll free number record that has specific 
subscriber routing information entered by the Responsible Organization 
in the Service Management System database and is pending activation in 
the Service Control Points.
    (2) Disconnect Status. The toll free number has been discontinued 
and an exchange carrier intercept recording is being provided.
    (3) Lag Time. The interval between a toll free number's reservation 
in the Service Management System database and its conversion to working 
status, as well as the period of time between disconnection or 
cancellation of a toll free number and the point at which that toll free 
number may be reassigned to another toll free subscriber.
    (4) Reserved Status. The toll free number has been reserved from the 
Service Management System database by a Responsible Organization for a 
toll free subscriber.
    (5) Seasonal Numbers. Toll free numbers held by toll free 
subscribers who

[[Page 62]]

do not have a year-round need for a toll free number.
    (6) Spare Status. The toll free number is available for assignment 
by a Responsible Organization.
    (7) Suspend Status. The toll free service has been temporarily 
disconnected and is scheduled to be reactivated.
    (8) Unavailable Status. The toll free number is not available for 
assignment due to an unusual condition.
    (9) Working Status. The toll free number is loaded in the Service 
Control Points and is being utilized to complete toll free service 
calls.
    (b) Reserved Status. Toll free numbers may remain in reserved status 
for up to 45 days. There shall be no extension of the reservation period 
after expiration of the initial 45-day interval.
    (c) Assigned Status. Toll free numbers may remain in assigned status 
until changed to working status or for a maximum of 6 months, whichever 
occurs first. Toll free numbers that, because of special circumstances, 
require that they be designated for a particular subscriber far in 
advance of their actual usage shall not be placed in assigned status, 
but instead shall be placed in unavailable status.
    (d) Disconnect Status. Toll free numbers may remain in disconnect 
status for up to 4 months. No requests for extension of the 4-month 
disconnect interval shall be granted. All toll free numbers in 
disconnect status must go directly into the spare category upon 
expiration of the 4-month disconnect interval. Responsible Organizations 
shall not retrieve a toll free number from disconnect status and return 
that number directly to working status at the expiration of the 4-month 
disconnect interval.
    (e) Suspend Status. Toll free numbers may remain in suspend status 
until changed to working status or for a maximum of 8 months, whichever 
occurs first. Only numbers involved in billing disputes shall be 
eligible for suspend status.
    (f) Unavailable Status. (1) Written requests to make a specific toll 
free number unavailable must be submitted to DSMI by the Responsible 
Organization managing the records of the toll free number. The request 
shall include the appropriate documentation of the reason for the 
request. DSMI is the only entity that can assign this status to or 
remove this status from a number. Responsible Organizations that have a 
toll free subscriber with special circumstances requiring that a toll 
free number be designated for that particular subscriber far in advance 
of its actual usage may request that DSMI place such a number in 
unavailable status.
    (2) Seasonal numbers shall be placed in unavailable status. The 
Responsible Organization for a toll free subscriber who does not have a 
year round need for a toll free number shall follow the procedures 
outlined in Sec. 52.103(f)(1) of these rules if it wants DSMI to place a 
particular toll free number in unavailable status.



Sec. 52.105  Warehousing.

    (a) As used in this section, warehousing is the practice whereby 
Responsible Organizations, either directly or indirectly through an 
affiliate, reserve toll free numbers from the Service Management System 
database without having an actual toll free subscriber for whom those 
numbers are being reserved.
    (b) Responsible Organizations shall not warehouse toll free numbers. 
There shall be a rebuttable presumption that a Responsible Organization 
is warehousing toll free numbers if:
    (1) The Responsible Organization does not have an identified toll 
free subscriber agreeing to be billed for service associated with each 
toll free number reserved from the Service Management System database; 
or
    (2) The Responsible Organization does not have an identified toll 
free subscriber agreeing to be billed for service associated with a toll 
free number before switching that toll free number from reserved or 
assigned to working status.
    (c) Responsible Organizations shall not maintain a toll free number 
in reserved status if there is not a prospective toll free subscriber 
requesting that toll free number.
    (d) A Responsible Organization's act of reserving a number from the 
Service Management System database shall serve as that Responsible 
Organization's certification that there is an

[[Page 63]]

identified toll free subscriber agreeing to be billed for service 
associated with the toll free number.
    (e) Tariff Provision. The following provision shall be included in 
the Service Management System tariff and in the local exchange carriers' 
toll free database access tariffs:

    [T]he Federal Communications Commission (``FCC'') has concluded that 
warehousing, which the FCC defines as Responsible Organizations, either 
directly or indirectly through an affiliate, reserving toll free numbers 
from the SMS database without having an identified toll free subscriber 
from whom those numbers are being reserved, is an unreasonable practice 
under Sec. 201(b) of the Communications Act and is inconsistent with the 
Commission's obligation under Sec. 251(e) of the Communications Act to 
ensure that numbers are made available on an equitable basis; and if a 
Responsible Organization does not have an identified toll free 
subscriber agreeing to be billed for service associated with each toll 
free number reserved from the database, or if a Responsible Organization 
does not have an identified, billed toll free subscriber before 
switching a number from reserved or assigned to working status, then 
there is a rebuttable presumption that the Responsible Organization is 
warehousing numbers. Responsible Organizations that warehouse numbers 
will be subject to penalties.



Sec. 52.107  Hoarding.

    (a) As used in this section, hoarding is the acquisition by a toll 
free subscriber from a Responsible Organization of more toll free 
numbers than the toll free subscriber intends to use for the provision 
of toll free service. The definition of hoarding also includes number 
brokering, which is the selling of a toll free number by a private 
entity for a fee.
    (1) Toll free subscribers shall not hoard toll free numbers.
    (2) No person or entity shall acquire a toll free number for the 
purpose of selling the toll free number to another entity or to a person 
for a fee.
    (3) Routing multiple toll free numbers to a single toll free 
subscriber will create a rebuttable presumption that the toll free 
subscriber is hoarding or brokering toll free numbers.
    (b) Tariff Provision. The following provision shall be included in 
the Service Management System tariff and in the local exchange carriers' 
toll free database access tariffs:

    [T]he Federal Communications Commission (``FCC'') has concluded that 
hoarding, defined as the acquisition of more toll free numbers than one 
intends to use for the provision of toll free service, as well as the 
sale of a toll free number by a private entity for a fee, is contrary to 
the public interest in the conservation of the scarce toll free number 
resource and contrary to the FCC's responsibility to promote the orderly 
use and allocation of toll free numbers.



Sec. 52.109  Permanent cap on number reservations.

    (a) A Responsible Organization may have in reserve status, at any 
one time, either 2000 toll free numbers or 7.5 percent of that 
Responsible Organization's numbers in working status, whichever is 
greater.
    (b) A Responsible Organization shall never reserve more than 3 
percent of the quantity of toll free numbers in spare status as of the 
previous Sunday at 12:01 a.m. Eastern Time.
    (c) The Common Carrier Bureau shall modify the quantity of numbers a 
Responsible Organization may have in reserve status or the percentage of 
numbers in the spare poll that a Responsible Organization may reserve 
when exigent circumstances make such action necessary. The Common 
Carrier Bureau shall establish, modify, and monitor toll free number 
conservation plans when exigent circumstances necessitate such action.

Appendix to Part 52--Deployment Schedule for Long-Term Database Methods 
                      for Local Number Portability

    Implementation must be completed by the carriers in the relevant 
MSAs during the periods specified below:

                                                                        
                                                                        
                                                                        
                                                                        
                        Phase I--10/1/97-3/31/98                        
                                                                        
Chicago, IL...................................................         3
Philadelphia, PA..............................................         4

[[Page 64]]

                                                                        
Atlanta, GA...................................................         8
New York, NY..................................................         2
Los Angeles, CA...............................................         1
Houston, TX...................................................         7
Minneapolis, MN...............................................        12
                                                                        
                        Phase II--1/1/98-5/15/98                        
                                                                        
Detroit, MI...................................................         6
Cleveland, OH.................................................        20
Washington, DC................................................         5
Baltimore, MD.................................................        18
Miami, FL.....................................................        24
Fort Lauderdale, FL...........................................        39
Orlando, FL...................................................        40
Cincinnati, OH................................................        30
Tampa, FL.....................................................        23
Boston, MA....................................................         9
Riverside, CA.................................................        10
San Diego, CA.................................................        14
Dallas, TX....................................................        11
St. Louis, MO.................................................        16
Phoenix, AZ...................................................        17
Seattle, WA...................................................        22
                                                                        
                        Phase III--4/1/98-6/30/98                       
                                                                        
Indianapolis, IN..............................................        34
Milwaukee, WI.................................................        35
Columbus, OH..................................................        38
Pittsburgh, PA................................................        19
Newark, NJ....................................................        25
Norfolk, VA...................................................        32
New Orleans, LA...............................................        41
Charlotte, NC.................................................        43
Greensboro, NC................................................        48
Nashville, TN.................................................        51
Las Vegas, NV.................................................        50
Nassau, NY....................................................        13
Buffalo, NY...................................................        44
Orange Co, CA.................................................        15
Oakland, CA...................................................        21
San Francisco, CA.............................................        29
Rochester, NY.................................................        49
Kansas City, KS...............................................        28
Fort Worth, TX................................................        33
Hartford, CT..................................................        46
Denver, CO....................................................        26
Portland, OR..................................................        27
                                                                        
                        Phase IV--7/1/98-9/30/98                        
                                                                        
Grand Rapids, MI..............................................        56
Dayton, OH....................................................        61
Akron, OH.....................................................        73
Gary, IN......................................................        80
Bergen, NJ....................................................        42
Middlesex, NJ.................................................        52
Monmouth, NJ..................................................        54
Richmond, VA..................................................        63
Memphis, TN...................................................        53
Louisville, KY................................................        57
Jacksonville, FL..............................................        58
Raleigh, NC...................................................        59
West Palm Beach, FL...........................................        62
Greenville, SC................................................        66
Honolulu, HI..................................................        65
Providence, RI................................................        47
Albany, NY....................................................        64
San Jose, CA..................................................        31
Sacramento, CA................................................        36
Fresno, CA....................................................        68
San Antonio, TX...............................................        37
Oklahoma City, OK.............................................        55
Austin, TX....................................................        60
Salt Lake City, UT............................................        45
Tucson, AZ....................................................        71
                                                                        
                        Phase V--10/1/98-12/31/98                       
                                                                        
Toledo, OH....................................................        81
Youngstown, OH................................................        85
Ann Arbor, MI.................................................        95
Fort Wayne, IN................................................       100
Scranton, PA..................................................        78
Allentown, PA.................................................        82
Harrisburg, PA................................................        83
Jersey City, NJ...............................................        88
Wilmington, DE................................................        89
Birmingham, AL................................................        67
Knoxville, KY.................................................        79
Baton Rouge, LA...............................................        87
Charleston, SC................................................        92
Sarasota, FL..................................................        93
Mobile, AL....................................................        96
Columbia, SC..................................................        98
Tulsa, OK.....................................................        70
Syracuse, NY..................................................        69
Springfield, MA...............................................        86
Ventura, CA...................................................        72
Bakersfield, CA...............................................        84
Stockton, CA..................................................        94
Vallejo, CA...................................................        99
El Paso, TX...................................................        74
Little Rock, AR...............................................        90
Wichita, KS...................................................        97
New Haven, CT.................................................        91
Omaha, NE.....................................................        75
Albuquerque, NM...............................................        76
Tacoma, WA....................................................        77
                                                                        


[62 FR 18295, Apr. 15, 1997]

    Effective Date Note: At 62 FR 18295, Apr. 15, 1997, the appendix to 
part 52 was revised. This appendix contains information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.

[[Page 65]]



PART 53--SPECIAL PROVISIONS CONCERNING BELL OPERATING COMPANIES--Table of Contents




                     Subpart A--General Information

Sec.
53.1  Basis and purpose.
53.3  Terms and definitions.

     Subpart B--Bell Operating Company Entry into InterLATA Services

53.101  Joint marketing of local and long distance services by interLATA 
          carriers.

                Subpart C--Separate Affiliate; Safeguards

53.201  Services for which a section 272 affiliate is required.
53.203  Structural and transactional requirements.
53.205  Fulfillment of certain requests. [Reserved]
53.207  Successor or assign.
53.209  Biennial audit.
53.211  Audit planning.
53.213  Audit analysis and evaluation.

          Subpart D--Manufacturing by Bell Operating Companies

53.301  [Reserved]

      Subpart E--Electronic Publishing by Bell Operating Companies

53.401  [Reserved]

                  Subpart F--Alarm Monitoring Services

53.501   [Reserved]

    Authority:  Sections 1-5, 7, 201-05, 218, 251, 253, 271-75, 48 Stat. 
1070, as amended, 1077; 47 U.S.C. 151-55, 157, 201-05, 218, 251, 253, 
271-75, unless otherwise noted.

    Source: 62 FR 2967, Jan. 21, 1997, unless otherwise noted.



                     Subpart A--General Information



Sec. 53.1  Basis and purpose.

    (a) Basis. The rules in this part are issued pursuant to the 
Communications Act of 1934, as amended.
    (b) Purpose. The purpose of the rules in this part is to implement 
sections 271 and 272 of the Communications Act of 1934, as amended, 47 
U.S.C. 271 and 272.



Sec. 53.3  Terms and definitions.

    Terms used in this part have the following meanings:
     Act. The Act means the Communications Act of 1934, as amended.
    Affiliate. An affiliate is a person that (directly or indirectly) 
owns or controls, is owned or controlled by, or is under common 
ownership or control with, another person. For purposes of this part, 
the term ``own'' means to own an equity interest (or the equivalent 
thereof) of more than 10 percent.
    AT&T Consent Decree. The AT&T Consent Decree is the order entered 
August 24, 1982, in the antitrust action styled United States v. Western 
Electric, Civil Action No. 82-0192, in the United States District Court 
for the District of Columbia, and any judgment or order with respect to 
such action entered on or after August 24, 1982.
    Bell Operating Company (BOC). The term Bell operating company
    (1) Means any of the following companies: Bell Telephone Company of 
Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company, 
Incorporated, Michigan Bell Telephone Company, New England Telephone and 
Telegraph Company, New Jersey Bell Telephone Company, New York Telephone 
Company, U S West Communications Company, South Central Bell Telephone 
Company, Southern Bell Telephone and Telegraph Company, Southwestern 
Bell Telephone Company, The Bell Telephone Company of Pennsylvania, The 
Chesapeake and Potomac Telephone Company, The Chesapeake and Potomac 
Telephone Company of Maryland, The Chesapeake and Potomac Telephone 
Company of Virginia, The Chesapeake and Potomac Telephone Company of 
West Virginia, The Diamond State Telephone Company, The Ohio Bell 
Telephone Company, The Pacific Telephone and Telegraph Company, or 
Wisconsin Telephone Company; and
    (2) Includes any successor or assign of any such company that 
provides wireline telephone exchange service; but
    (3) Does not include an affiliate of any such company, other than an 
affiliate described in paragraphs (1) or (2) of this definition.

[[Page 66]]

    In-Region InterLATA service. In-region interLATA service is 
interLATA service that originates in any of a BOC's in-region states, 
which are the states in which the BOC or any of its affiliates was 
authorized to provide wireline telephone exchange service pursuant to 
the reorganization plan approved under the AT&T Consent Decree, as in 
effect on February 7, 1996. For the purposes of this part, 800 service, 
private line service, or equivalent services that terminate in a BOC's 
in-region state and allow the called party to determine the interLATA 
carrier are considered to be in-region interLATA service.
    InterLATA Information Service. An interLATA information service is 
an information service that incorporates as a necessary, bundled element 
an interLATA telecommunications transmission component, provided to the 
customer for a single charge.
    InterLATA Service. An interLATA service is a service that involves 
telecommunications between a point located in a LATA and a point located 
outside such area. The term ``interLATA service'' includes both 
interLATA telecommunications services and interLATA information 
services.
    Local Access and Transport Area (LATA). A LATA is a contiguous 
geographic area:
    (1) Established before February 8, 1996 by a BOC such that no 
exchange area includes points within more than one metropolitan 
statistical area, consolidated metropolitan statistical area, or state, 
except as expressly permitted under the AT&T Consent Decree; or
    (2) Established or modified by a BOC after February 8, 1996 and 
approved by the Commission.
    Local Exchange Carrier (LEC). A LEC is any person that is engaged in 
the provision of telephone exchange service or exchange access. Such 
term does not include a person insofar as such person is engaged in the 
provision of commercial mobile service under section 332(c) of the Act, 
except to the extent that the Commission finds that such service should 
be included in the definition of such term.
    Out-of-Region InterLATA service. Out-of-region interLATA service is 
interLATA service that originates outside a BOC's in-region states.
    Section 272 affiliate. A section 272 affiliate is a BOC affiliate 
that complies with the separate affiliate requirements of section 272(b) 
of the Act and the regulations contained in this part.



     Subpart B--Bell Operating Company Entry Into InterLATA Services



Sec. 53.101  Joint marketing of local and long distance services by interLATA carriers.

    (a) Until a BOC is authorized pursuant to section 271(d) of the Act 
to provide interLATA services in an in-region State, or until February 
8, 1999, whichever is earlier, a telecommunications carrier that serves 
greater than 5 percent of the Nation's presubscribed access lines may 
not jointly market in such State telephone exchange service obtained 
from such company pursuant to section 251(c)(4) of the Act with 
interLATA services offered by that telecommunications carrier.
    (b) For purposes of applying section 271(e) of the Act, 
telecommunications carriers described in paragraph (a) of this section 
may not:
    (1) Market interLATA services and BOC resold local exchange services 
through a ``single transaction.'' For purposes of this section, we 
define a ``single transaction'' to include the use of the same sales 
agent to market both products to the same customer during a single 
communication;
    (2) Offer interLATA services and BOC resold local exchange services 
as a bundled package under an integrated pricing schedule.
    (c) If a telecommunications carrier described in paragraph (a) of 
this section advertises the availability of interLATA services and local 
exchange services purchased from a BOC for resale in a single 
advertisement, such telecommunications carrier shall not mislead the 
public by stating or implying that such carrier may offer bundled 
packages of interLATA service and BOC local exchange service purchased 
for resale, or that it can provide both services through a single 
transaction.

[[Page 67]]



                Subpart C--Separate Affiliate; Safeguards



Sec. 53.201  Services for which a section 272 affiliate is required.

    For the purposes of applying section 272(a)(2) of the Act:
    (a) Previously authorized activities. When providing previously 
authorized activities described in section 271(f) of the Act, a BOC 
shall comply with the following:
    (1) A BOC shall provide previously authorized interLATA information 
services and manufacturing activities through a section 272 affiliate no 
later than February 8, 1997.
    (2) A BOC shall provide previously authorized interLATA 
telecommunications services in accordance with the terms and conditions 
of the orders entered by the United States District Court for the 
District of Columbia pursuant to section VII or VIII(C) of the AT&T 
Consent Decree that authorized such services.
    (b) InterLATA information services. A BOC shall provide an interLATA 
information service through a section 272 affiliate when it provides the 
interLATA telecommunications transmission component of the service 
either over its own facilities, or by reselling the interLATA 
telecommunications services of an interexchange provider.
    (c) Out-of-region interLATA information services. A BOC shall 
provide out-of-region interLATA information services through a section 
272 affiliate.



Sec. 53.203  Structural and transactional requirements.

    (a) Operational independence.
    (1) A section 272 affiliate and the BOC of which it is an affiliate 
shall not jointly own transmission and switching facilities or the land 
and buildings where those facilities are located.
    (2) A section 272 affiliate shall not perform any operating, 
installation, or maintenance functions associated with facilities owned 
by the BOC of which it is an affiliate.
    (3) A BOC or BOC affiliate, other than the section 272 affiliate 
itself, shall not perform any operating, installation, or maintenance 
functions associated with facilities that the BOC's section 272 
affiliate owns or leases from a provider other than the BOC.
    (b) Separate books, records, and accounts. A section 272 affiliate 
shall maintain books, records, and accounts, which shall be separate 
from the books, records, and accounts maintained by the BOC of which it 
is an affiliate.
    (c) Separate officers, directors, and employees. A section 272 
affiliate shall have separate officers, directors, and employees from 
the BOC of which it is an affiliate.
    (d) Credit arrangements. A section 272 affiliate shall not obtain 
credit under any arrangement that would permit a creditor, upon default, 
to have recourse to the assets of the BOC of which it is an affiliate.
    (e) Arm's-length transactions. A section 272 affiliate shall conduct 
all transactions with the BOC of which it is an affiliate on an arm's 
length basis, pursuant to the accounting rules described in Sec. 32.27 
of this chapter, with any such transactions reduced to writing and 
available for public inspection.

    Effective Date Note: At 62 FR 2967, Jan. 21, 1997, Sec. 53.203 was 
added. Paragraphs (b) and (e) of this section contain information 
collection requirements and will not become effective until approval is 
given by the office of management and Budget.



Sec. 53.205  Fulfillment of certain requests. [Reserved]



Sec. 53.207  Successor or assign.

    If a BOC transfers to an unaffiliated entity ownership of any 
network elements that must be provided on an unbundled basis pursuant to 
section 251(c)(3) of the Act, such entity will be deemed to be an 
``assign'' of the BOC under section 3(4) of the Act with respect to such 
transferred network elements. A BOC affiliate shall not be deemed a 
``successor or assign'' of a BOC solely because it obtains network 
elements from the BOC pursuant to section 251(c)(3) of the Act.



Sec. 53.209  Biennial audit.

    (a) A Bell operating company required to operate a separate 
affiliate under section 272 of the Act shall obtain and pay for a 
Federal/State joint audit every two years conducted by an

[[Page 68]]

independent auditor to determine whether the Bell operating company has 
complied with the rules promulgated under section 272 and particularly 
the audit requirements listed in paragraph (b) of this section.
    (b) The independent audit shall determine:
    (1) Whether the separate affiliate required under section 272 of the 
Act has:
    (i) Operated independently of the Bell operating company;
    (ii) Maintained books, records, and accounts in the manner 
prescribed by the Commission that are separate from the books, records 
and accounts maintained by the Bell operating company;
    (iii) Officers, directors and employees that are separate from those 
of the Bell operating company;
    (iv) Not obtained credit under any arrangement that would permit a 
creditor, upon default, to have recourse to the assets of the Bell 
operating company; and
    (v) Conducted all transactions with the Bell operating company on an 
arm's length basis with the transactions reduced to writing and 
available for public inspection.
    (2) Whether or not the Bell operating company has:
    (i) Discriminated between the separate affiliate and any other 
entity in the provision or procurement of goods, services, facilities, 
and information, or the establishment of standards;
    (ii) Accounted for all transactions with the separate affiliate in 
accordance with the accounting principles and rules approved by the 
Commission.
    (3) Whether or not the Bell operating company and an affiliate 
subject to section 251(c) of the Act:
    (i) Have fulfilled requests from unaffiliated entities for telephone 
exchange service and exchange access within a period no longer than the 
period in which it provides such telephone exchange service and exchange 
access to itself or its affiliates;
    (ii) Have made available facilities, services, or information 
concerning its provision of exchange access to other providers of 
interLATA services on the same terms and conditions as it has to its 
affiliate required under section 272 that operates in the same market;
    (iii) Have charged its separate affiliate under section 272, or 
imputed to itself (if using the access for its provision of its own 
services), an amount for access to its telephone exchange service and 
exchange access that is no less than the amount charged to any 
unaffiliated interexchange carriers for such service; and
    (iv) Have provided any interLATA or intraLATA facilities or services 
to its interLATA affiliate and made available such services or 
facilities to all carriers at the same rates and on the same terms and 
conditions, and allocated the associated costs appropriately.
    (c) An independent audit shall be performed on the first full year 
of operations of the separate affiliate required under section 272 of 
the Act, and biennially thereafter.
    (d) The Chief, Common Carrier Bureau, shall work with the regulatory 
agencies in the states having jurisdiction over the Bell operating 
company's local telephone services, to attempt to form a Federal/State 
joint audit team with the responsibility for overseeing the planning of 
the audit as specified in Sec. 53.211 and the analysis and evaluation of 
the audit as specified in Sec. 53.213. The Federal/State joint audit 
team may direct the independent auditor to take any actions necessary to 
ensure compliance with the audit requirements listed in paragraph (b) of 
this section. If the state regulatory agencies having jurisdiction 
choose not to participate in the Federal/State joint audit team, the 
Chief, Common Carrier Bureau, shall establish an FCC audit team to 
oversee and direct the independent auditor to take any actions necessary 
to ensure compliance with the audit requirements in paragraph (b) of 
this section.

[62 FR 2926, Jan. 21, 1997]



Sec. 53.211  Audit planning.

    (a) Before selecting a independent auditor, the Bell operating 
company shall submit preliminary audit requirements, including the 
proposed scope of the audit and the extent of compliance and substantive 
testing, to the Federal/State joint audit team organized pursuant to 
Sec. 53.209(d);
    (b) The Federal/State joint audit team shall review the preliminary

[[Page 69]]

audit requirements to determine whether it is adequate to meet the audit 
requirements in Sec. 53.209 (b). The Federal/State joint audit shall 
have 30 days to review the audit requirements and determine any 
modifications that shall be incorporated into the final audit 
requirements.
    (c) After the audit requirements have been approved by the Federal/
State joint audit team, the Bell operating company shall engage within 
30 days an independent auditor to conduct the biennial audit. In making 
its selection, the Bell operating company shall not engage any 
independent auditor who has been instrumental during the past two years 
in designing any of the accounting or reporting systems under review in 
the biennial audit.
    (d) The independent auditor selected by the Bell operating company 
to conduct the audit shall develop a detailed audit program based on the 
final audit requirements and submit it to the Federal/State joint audit 
team. The Federal/State joint audit team shall have 30 days to review 
the audit program and determine any modifications that shall be 
incorporated into the final audit program.
    (e) During the course of the biennial audit, the independent 
auditor, among other things, shall:
    (1) Inform the Federal/State joint audit team of any revisions to 
the final audit program or to the scope of the audit.
    (2) Notify the Federal/State joint audit team of any meetings with 
the Bell operating company or its separate affiliate in which audit 
findings are discussed.
    (3) Submit to the Chief, Common Carrier Bureau, any accounting or 
rule interpretations necessary to complete the audit.

[62 FR 2926, Jan. 21, 1997]



Sec. 53.213  Audit analysis and evaluation.

    (a) Within 60 dates after the end of the audit period, but prior to 
discussing the audit findings with the Bell operating company or the 
separate affiliate, the independent auditor shall submit a draft of the 
audit report to the Federal/State joint audit team.
    (1) The Federal/State joint audit team shall have 45 days to review 
the audit findings and audit workpapers, and offer its recommendations 
concerning the conduct of the audit or the audit findings to the 
independent auditor. Exceptions of the Federal/State joint audit team to 
the finding and conclusions of the independent auditor that remain 
unresolved shall be included in the final audit report.
    (2) Within 15 days after receiving the Federal/State joint audit 
team's recommendations and making appropriate revisions to the audit 
report, the independent auditor shall submit the audit report to the 
Bell operating company for its response to the audit findings and send a 
copy to the Federal/State joint audit team. The independent auditor may 
request additional time to perform additional audit work as recommended 
by the Federal/State joint audit team.
    (b) Within 30 days after receiving the audit report, the Bell 
operating company will respond to the audit findings and send a copy of 
its response to the Federal/State joint audit team. The Bell operating 
company's response shall be included as part of the final audit report 
along with any reply that the independent auditor wishes to make to the 
response.
    (c) Within 10 days after receiving the response of the Bell 
operating company, the independent auditor shall make available for 
public inspection the final audit report by filing it with the 
Commission and the state regulatory agencies participating on the joint 
audit team.
    (d) Interested parties may file comments with the Commission within 
60 days after the audit report is made available for public inspection.

[62 FR 2927, Jan. 21, 1997]

[[Page 70]]



          Subpart D--Manufacturing by Bell Operating Companies



Sec. 53.301  [Reserved]



      Subpart E--Electronic Publishing by Bell Operating Companies



Sec. 53.401  [Reserved]



                  Subpart F--Alarm Monitoring Services



Sec. 53.501  [Reserved]



PART 54--UNIVERSAL SERVICE--Table of Contents




                     Subpart A--General Information

Sec.
54.1  Basis and purpose.
54.5  Terms and definitions.
54.7  Intended use of federal universal service support.

               Subpart B--Services Designated for Support

54.101  Supported services for rural, insular and high cost areas.

       Subpart C--Carriers Eligible for Universal Service Support

54.201  Designation of eligible telecommunications carriers, generally.
54.203  Designation of eligible telecommunications carriers for unserved 
          areas.
54.205  Relinquishment of universal service.
54.207  Service areas.

        Subpart D--Universal Service Support for High Cost Areas

54.301  Local switching support.
54.303  Long term support.
54.305  Sale or transfer of exchanges.
54.307  Support to a competitive eligible telecommunications carrier.

      Subpart E--Universal Service Support for Low Income Consumers

54.400  Terms and definitions.
54.401  Lifeline defined.
54.403  Lifeline support amount.
54.405  Carrier obligation to offer Lifeline.
54.407  Reimbursement for offering Lifeline.
54.409  Consumer qualification for Lifeline.
54.411  Link up program defined.
54.413  Reimbursement for revenue forgone in offering a Link Up program.
54.415  Consumer qualification for Link Up.
54.417  Transition to the new Lifeline and Link Up programs.

     Subpart F--Universal Service Support for Schools and Libraries

54.500  Terms and definitions.
54.501  Eligibility for services provided by telecommunications 
          carriers.
54.502  Supported telecommunications services.
54.503  Other supported special services.
54.504  Requests for service.
54.505  Discounts.
54.507  Cap.
54.509  Adjustments to the discount matrix.
54.511  Ordering services.
54.513  Resale.
54.515  Distributing support.
54.516  Auditing.
54.517  Services provided by non-telecommunications carriers.

     Subpart G--Universal Service Support for Health Care Providers

54.601  Eligibility.
54.603  Competitive bidding.
54.605  Determining the urban rate.
54.607  Determining the rural rate.
54.609  Calculating support.
54.611  Distributing support.
54.613  Limitations on supported services for rural health care 
          providers.
54.615  Obtaining services.
54.617  Resale.
54.619  Audit program.
54.621  Access to advanced telecommunications and informationservices.
54.623  Cap.

                        Subpart H--Administration

54.701  Administrator of universal service support mechanisms.
54.703  Contributions.
54.705  De minimis exemption.
54.707  Audit controls.
54.709  Computations of required contributions to universal service 
          support mechanisms.
54.711  Contributor reporting requirements.
54.713  Contributors' failure to report or to contribute.
54.715  Administrator's functions.

    Authority: 47 U.S.C. 1, 4(i), 201, 205, 214, and 254 unless 
otherwise noted.

    Source: 62 FR 32948, June 17, 1997, unless otherwise noted.



                     Subpart A--General Information



Sec. 54.1  Basis and purpose.

    (a) Basis. These rules are issued pursuant to the Communications Act 
of 1934, as amended.
    (b) Purpose. The purpose of these rules is to implement section 254 
of the

[[Page 71]]

Communications Act of 1934, as amended, 47 USC 254.



Sec. 54.5  Terms and definitions.

    Terms used in this part have the following meanings:
    Act. The term ``Act'' refers to the Communications Act of 1934, as 
amended.
    Administrator. The term ``Administrator'' shall refer to the 
National Exchange Carrier Association, Inc., until the date that an 
independent subsidiary of the National Exchange Carrier Association, 
Inc. is incorporated and has commenced the administration of the 
universal service support mechanisms. On that date and until the 
permanent Administrator has commenced the permanent administration of 
the universal service support mechanisms, the term ``Administrator'' 
shall refer to the independent subsidiary established by the National 
Exchange Carrier Association, Inc. for the purpose of temporarily 
administering the portions of the universal service support mechanisms 
described in Sec. 69.616. On the date that the entity selected to 
permanently administer the universal service support mechanisms 
commences operations and thereafter, the term ``Administrator'' shall 
refer to such entity.
    Competitive eligible telecommunications carrier. A ``competitive 
eligible telecommunications carrier'' is a carrier that meets the 
definition of an ``eligible telecommunications carrier'' below and does 
not meet the definition of an ``incumbent local exchange carrier'' in 
Sec. 51.5 of this chapter.
    Contributor. The term ``contributor'' shall refer to an entity 
required to contribute to the universal service support mechanisms 
pursuant to Sec. 54.703.
    Eligible telecommunications carrier. ``Eligible telecommunications 
carrier'' means a carrier designated as such by a state commission 
pursuant to Sec. 54.201.
    High Cost and Low Income Committee. The term ``High Cost and Low 
Income Committee'' shall refer to a committee of the Board of Directors 
of the Administrator's independent subsidiary that will have the power 
to bind the independent subsidiary's Board of Directors on issues 
relating to the administration of the high cost and low-income support 
mechanisms, as described in Sec. 69.615.
    Incumbent local exchange carrier. ``Incumbent local exchange 
carrier'' or ``ILEC'' has the same meaning as that term is defined in 
Sec. 51.5 of this chapter.
    Information service. ``Information service'' is the offering of a 
capability for generating, acquiring, storing, transforming, processing, 
retrieving, utilizing, or making available information via 
telecommunications, and includes electronic publishing, but does not 
include any use of any such capability for the management, control, or 
operation of a telecommunications system or the management of a 
telecommunications service.
    Internet access. ``Internet access'' includes the following 
elements:
    (1) The transmission of information as common carriage;
    (2) The transmission of information as part of a gateway to an 
information service, when that transmission does not involve the 
generation or alteration of the content of information, but may include 
data transmission, address translation, protocol conversion, billing 
management, introductory information content, and navigational systems 
that enable users to access information services, and that do not affect 
the presentation of such information to users; and
    (3) Electronic mail services (e-mail).
    Interstate telecommunication. ``Interstate telecommunication'' is a 
communication or transmission:
    (1) From any State, Territory, or possession of the United States 
(other than the Canal zone), or the District of Columbia, to any other 
State, Territory, or possession of the United States (other than the 
Canal Zone), or the District of Columbia,
    (2) From or to the United States to or from the Canal Zone, insofar 
as such communication or transmission takes place within the United 
States, or
    (3) Between points within the United States but through a foreign 
country.
    Interstate transmission. ``Interstate transmission'' is the same as 
interstate telecommunication.
    Intrastate telecommunication. ``Intrastate telecommunication'' is a 
communication or transmission from within any State, Territory, or 
possession of

[[Page 72]]

the United States, or the District of Columbia to a location within that 
same State, Territory, or possession of the United States, or the 
District of Columbia.
    Intrastate transmission. ``Intrastate transmission'' is the same as 
intrastate telecommunication.
    LAN. ``LAN'' is a local area network, which is a set of high-speed 
links connecting devices, generally computers, on a single shared 
medium, usually on the user's premises.
    Rural area. A ``rural area'' is a nonmetropolitan county or county 
equivalent, as defined in the Office of Management and Budget's (OMB) 
Revised Standards for Defining Metropolitan Areas in the 1990s and 
identifiable from the most recent Metropolitan Statistical Area (MSA) 
list released by OMB, or any contiguous non-urban Census Tract or Block 
Numbered Area within an MSA-listed metropolitan county identified in the 
most recent Goldsmith Modification published by the Office of Rural 
Health Policy of the U.S. Department of Health and Human Services.
    Rural Health Care Corporation. The term ``Rural Health Care 
Corporation'' shall refer to the corporation created pursuant to 
Sec. 69.617 that shall administer specified portions of the universal 
services support mechnisms as described in Sec. 69.618.
    Rural telephone company. ``Rural telephone company'' has the same 
meaning as that term is defined in Sec. 51.5 of this chapter.
    Schools and Libraries Corporation. The term ``Schools and Libraries 
Corporation'' shall refer to the corporation created pursuant to 
Sec. 69.617 that shall administer specified portions of the universal 
services support mechanisms, as described in Sec. 69.619.
    State commission. The term ``state commission'' means the 
commission, board or official (by whatever name designated) that, under 
the laws of any state, has regulatory jurisdiction with respect to 
intrastate operations of carriers.
    Technically feasible. ``Technically feasible'' means capable of 
accomplishment as evidenced by prior success under similar 
circumstances. For example, preexisting access at a particular point 
evidences the technical feasibility of access at substantially similar 
points. A determination of technical feasibility does not consider 
economic, accounting, billing, space or site except that space and site 
may be considered if there is no possibility of expanding available 
space.
    Telecommunications. ``Telecommunications'' is the transmission, 
between or among points specified by the user, of information of the 
user's choosing, without change in the form or content of the 
information as sent and received.
    Telecommunications carrier. A ``telecommunications carrier'' is any 
provider of telecommunications services, except that such term does not 
include aggregators of telecommunications services as defined in section 
226 of the Act. A telecommunications carrier shall be treated as a 
common carrier under the Act only to the extent that it is engaged in 
providing telecommunications services, except that the Commission shall 
determine whether the provision of fixed and mobile satellite service 
shall be treated as common carriage. This definition includes cellular 
mobile radio service (CMRS) providers, interexchange carriers (IXCs) 
and, to the extent they are acting as telecommunications carriers, 
companies that provide both telecommunications and information services. 
Private mobile radio service (PMRS) providers are telecommunications 
carriers to the extent they provide domestic or international 
telecommunications for a fee directly to the public.
    Telecommunications channel. ``Telecommunications channel'' means a 
telephone line, or, in the case of wireless communications, a 
transmittal line or cell site.
    Telecommunications service. ``Telecommunications service'' is the 
offering of telecommunications for a fee directly to the public, or to 
such classes of users as to be effectively available directly to the 
public, regardless of the facilities used.

[62 FR 32948, June 17, 1997, as amended at 62 FR 41303, Aug. 1, 1997]

[[Page 73]]



Sec. 54.7  Intended use of federal universal service support.

    A carrier that receives federal universal service support shall use 
that support only for the provision, maintenance, and upgrading of 
facilities and services for which the support is intended.



               Subpart B--Services Designated for Support



Sec. 54.101  Supported services for rural, insular and high cost areas.

    (a) Services designated for support. The following services or 
functionalities shall be supported by Federal universal service support 
mechanisms:
    (1) Voice grade access to the public switched network. ``Voice grade 
access'' is defined as a functionality that enables a user of 
telecommunications services to transmit voice communications, including 
signalling the network that the caller wishes to place a call, and to 
receive voice communications, including receiving a signal indicating 
there is an incoming call. For purposes of this part, voice grade access 
shall occur within the frequency range of between approximately 500 
Hertz and 4,000 Hertz, for a bandwidth of approximately 3,500 Hertz;
    (2) Local usage. ``Local usage'' means an amount of minutes of use 
of exchange service, prescribed by the Commission, provided free of 
charge to end users;
    (3) Dual tone multi-frequency signaling or its functional 
equivalent. ``Dual tone multi-frequency'' (DTMF) is a method of 
signaling that facilitates the transportation of signaling through the 
network, shortening call set-up time;
    (4) Single-party service or its functional equivalent. ``Single-
party service'' is telecommunications service that permits users to have 
exclusive use of a wireline subscriber loop or access line for each call 
placed, or, in the case of wireless telecommunications carriers, which 
use spectrum shared among users to provide service, a dedicated message 
path for the length of a user's particular transmission;
    (5) Access to emergency services. ``Access to emergency services'' 
includes access to services, such as 911 and enhanced 911, provided by 
local governments or other public safety organizations. 911 is defined 
as a service that permits a telecommunications user, by dialing the 
three-digit code ``911,'' to call emergency services through a Public 
Service Access Point (PSAP) operated by the local government. ``Enhanced 
911'' is defined as 911 service that includes the ability to provide 
automatic numbering information (ANI), which enables the PSAP to call 
back if the call is disconnected, and automatic location information 
(ALI), which permits emergency service providers to identify the 
geographic location of the calling party. ``Access to emergency 
services'' includes access to 911 and enhanced 911 services to the 
extent the local government in an eligible carrier's service area has 
implemented 911 or enhanced 911 systems;
    (6) Access to operator services. ``Access to operator services'' is 
defined as access to any automatic or live assistance to a consumer to 
arrange for billing or completion, or both, of a telephone call;
    (7) Access to interexchange service. ``Access to interexchange 
service'' is defined as the use of the loop, as well as that portion of 
the switch that is paid for by the end user, or the functional 
equivalent of these network elements in the case of a wireless carrier, 
necessary to access an interexchange carrier's network;
    (8) Access to directory assistance. ``Access to directory 
assistance'' is defined as access to a service that includes, but is not 
limited to, making available to customers, upon request, information 
contained in directory listings; and
    (9) Toll limitation for qualifying low-income consumers. Toll 
limitation for qualifying low-income consumers is described in subpart E 
of this part.
    (b) Requirement to offer all designated services. An eligible 
telecommunications carrier must offer each of the services set forth in 
paragraph (a) of this section in order to receive Federal universal 
service support.
    (c) Additional time to complete network upgrades. A state commission 
may grant the petition of a telecommunications carrier that is otherwise 
eligible to receive universal service support under Sec. 54.201 
requesting additional time to complete the network upgrades

[[Page 74]]

needed to provide single-party service, access to enhanced 911 service, 
or toll limitation. If such petition is granted, the otherwise eligible 
telecommunications carrier will be permitted to receive universal 
service support for the duration of the period designated by the state 
commission. State commissions should grant such a request only upon a 
finding that exceptional circumstances prevent an otherwise eligible 
telecommunications carrier from providing single-party service, access 
to enhanced 911 service, or toll limitation. The period should extend 
only as long as the relevant state commission finds that exceptional 
circumstances exist and should not extend beyond the time that the state 
commission deems necessary for that eligible telecommunications carrier 
to complete network upgrades. An otherwise eligible telecommunications 
carrier that is incapable of offering one or more of these three 
specific universal services must demonstrate to the state commission 
that exceptional circumstances exist with respect to each service for 
which the carrier desires a grant of additional time to complete network 
upgrades.



       Subpart C--Carriers Eligible for Universal Service Support



Sec. 54.201  Designation of eligible telecommunications carriers, generally.

    (a) Carriers eligible to receive support.
    (1) Beginning January 1, 1998, only eligible telecommunications 
carriers designated under paragraphs (b) through (d) of this section 
shall receive universal service support distributed pursuant to part 36 
and part 69 of this chapter, and subparts D and E of this part.
    (2) Only eligible telecommunications carriers designated under 
paragraphs (b) through (d) of this section shall receive universal 
service support distributed pursuant to subpart G of this part. This 
paragraph does not apply to support distributed pursuant to 
Sec. 54.621(a).
    (3) This paragraph does not apply to support distributed pursuant to 
subpart F of this part.
    (b) A state commission shall upon its own motion or upon request 
designate a common carrier that meets the requirements of paragraph (d) 
of this section as an eligible telecommunications carrier for a service 
area designated by the state commission.
    (c) Upon request and consistent with the public interest, 
convenience, and necessity, the state commission may, in the case of an 
area served by a rural telephone company, and shall, in the case of all 
other areas, designate more than one common carrier as an eligible 
telecommunications carrier for a service area designated by the state 
commission, so long as each additional requesting carrier meets the 
requirements of paragraph (d) of this section. Before designating an 
additional eligible telecommunications carrier for an area served by a 
rural telephone company, the state commission shall find that the 
designation is in the public interest.
    (d) A common carrier designated as an eligible telecommunications 
carrier under this section shall be eligible to receive universal 
service support in accordance with section 254 of the Act and shall, 
throughout the service area for which the designation is received:
    (1) Offer the services that are supported by federal universal 
service support mechanisms under subpart B of this part and section 
254(c) of the Act, either using its own facilities or a combination of 
its own facilities and resale of another carrier's services (including 
the services offered by another eligible telecommunications carrier); 
and
    (2) Advertise the availability of such services and the charges 
therefore using media of general distribution.
    (e) For the purposes of this section, the term facilities means any 
physical components of the telecommunications network that are used in 
the transmission or routing of the services that are designated for 
support pursuant to subpart B of this part.
    (f) For the purposes of this section, the term ``own facilities'' 
includes, but is not limited to, facilities obtained as unbundled 
network elements pursuant to part 51 of this chapter, provided that such 
facilities meet the definition of the term ``facilities'' under this 
subpart.
    (g) A state commission shall not require a common carrier, in order 
to satisfy the requirements of paragraph

[[Page 75]]

(d)(1) of this section, to use facilities that are located within the 
relevant service area, as long as the carrier uses facilities to provide 
the services designated for support pursuant to subpart B of this part 
within the service area.
    (h) A state commission shall designate a common carrier that meets 
the requirements of this section as an eligible telecommunications 
carrier irrespective of the technology used by such carrier.
    (i) A state commission shall not designate as an eligible 
telecommunications carrier a telecommunications carrier that offers the 
services supported by federal universal service support mechanisms 
exclusively through the resale of another carrier's services.



Sec. 54.203  Designation of eligible telecommunications carriers for unserved areas.

    (a) If no common carrier will provide the services that are 
supported by federal universal service support mechanisms under section 
254(c) of the Act and subpart B of this part to an unserved community or 
any portion thereof that requests such service, the Commission, with 
respect to interstate services, or a state commission, with respect to 
intrastate services, shall determine which common carrier or carriers 
are best able to provide such service to the requesting unserved 
community or portion thereof and shall order such carrier or carriers to 
provide such service for that unserved community or portion thereof.
    (b) Any carrier or carriers ordered to provide such service under 
this section shall meet the requirements of section 54.201(d) and shall 
be designated as an eligible telecommunications carrier for that 
community or portion thereof.



Sec. 54.205  Relinquishment of universal service.

    (a) A state commission shall permit an eligible telecommunications 
carrier to relinquish its designation as such a carrier in any area 
served by more than one eligible telecommunications carrier. An eligible 
telecommunications carrier that seeks to relinquish its eligible 
telecommunications carrier designation for an area served by more than 
one eligible telecommunications carrier shall give advance notice to the 
state commission of such relinquishment.
    (b) Prior to permitting a telecommunications carrier designated as 
an eligible telecommunications carrier to cease providing universal 
service in an area served by more than one eligible telecommunications 
carrier, the state commission shall require the remaining eligible 
telecommunications carrier or carriers to ensure that all customers 
served by the relinquishing carrier will continue to be served, and 
shall require sufficient notice to permit the purchase or construction 
of adequate facilities by any remaining eligible telecommunications 
carrier. The state commission shall establish a time, not to exceed one 
year after the state commission approves such relinquishment under this 
section, within which such purchase or construction shall be completed.



Sec. 54.207  Service areas.

    (a) The term service area means a geographic area established by a 
state commission for the purpose of determining universal service 
obligations and support mechanisms. A service area defines the overall 
area for which the carrier shall receive support from federal universal 
service support mechanisms.
    (b) In the case of a service area served by a rural telephone 
company, service area means such company's ``study area'' unless and 
until the Commission and the states, after taking into account 
recommendations of a Federal-State Joint Board instituted under section 
410(c) of the Act, establish a different definition of service area for 
such company.
    (c) If a state commission proposes to define a service area served 
by a rural telephone company to be other than such company's study area, 
the Commission will consider that proposed definition in accordance with 
the procedures set forth in this paragraph.
    (1) A state commission or other party seeking the Commission's 
agreement in redefining a service area served by a rural telephone 
company shall submit a petition to the Commission. The petition shall 
contain:

[[Page 76]]

    (i) The definition proposed by the state commission; and
    (ii) The state commission's ruling or other official statement 
presenting the state commission's reasons for adopting its proposed 
definition, including an analysis that takes into account the 
recommendations of any Federal-State Joint Board convened to provide 
recommendations with respect to the definition of a service area served 
by a rural telephone company.
    (2) The Commission shall issue a Public Notice of any such petition 
within fourteen (14) days of its receipt.
    (3) The Commission may initiate a proceeding to consider the 
petition within ninety (90) days of the release date of the Public 
Notice.
    (i) If the Commission initiates a proceeding to consider the 
petition, the proposed definition shall not take effect until both the 
state commission and the Commission agree upon the definition of a rural 
service area, in accordance with paragraph (b) of this section and 
section 214(e)(5) of the Act.
    (ii) If the Commission does not act on the petition within ninety 
(90) days of the release date of the Public Notice, the definition 
proposed by the state commission will be deemed approved by the 
Commission and shall take effect in accordance with state procedures.
    (d) The Commission may, on its own motion, initiate a proceeding to 
consider a definition of a service area served by a rural telephone 
company that is different from that company's study area. If it proposes 
such different definition, the Commission shall seek the agreement of 
the state commission according to this paragraph.
    (1) The Commission shall submit a petition to the state commission 
according to that state commission's procedures. The petition submitted 
to the relevant state commission shall contain:
    (i) The definition proposed by the Commission; and
    (ii) The Commission's decision presenting its reasons for adopting 
the proposed definition, including an analysis that takes into account 
the recommendations of any Federal-State Joint Board convened to provide 
recommendations with respect to the definition of a service area served 
by a rural telephone company.
    (2) The Commission's proposed definition shall not take effect until 
both the state commission and the Commission agree upon the definition 
of a rural service area, in accordance with paragraph (b) of this 
section and section 214(e)(5) of the Act.
    (e) The Commission delegates its authority under paragraphs (c) and 
(d) of this section to the Chief, Common Carrier Bureau.



        Subpart D--Universal Service Support for High Cost Areas



Sec. 54.301  Local switching support.

    Beginning January 1, 1998, eligible rural telephone company study 
areas with 50,000 or fewer access lines shall receive support for local 
switching costs, defined as Category 3 local switching costs under part 
36 of this chapter, using the following formula: the carrier's annual 
unseparated local switching revenue requirement shall be multiplied by 
the local switching support factor. The local switching support factor 
shall be defined as the difference between the 1996 weighted interstate 
DEM factor, calculated pursuant to Sec. 36.125(f) of this chapter, and 
the 1996 unweighted interstate DEM factor. If the number of a study 
area's access lines increases such that, under Sec. 36.125(f) of this 
chapter, the weighted interstate DEM factor for 1997 or any successive 
year would be reduced, that lower weighted interstate DEM factor shall 
be applied to the carrier's 1996 unweighted interstate DEM factor to 
derive a new local switching support factor. Beginning January 1, 1998, 
the sum of the unweighted interstate DEM factor and the local switching 
support factor shall not exceed .85. If the sum of those two factors 
would exceed .85, the local switching support factor must be reduced to 
a level that would reduce the sum of the factors to .85.



Sec. 54.303  Long term support.

    Beginning January 1, 1998, eligible telephone companies that 
participate in the NECA Carrier Common Line pool and competitive 
eligible local telecommunications carriers will receive Long Term 
Support. Long Term

[[Page 77]]

Support shall be the equivalent of the difference between the projected 
Carrier Common Line revenue requirement of association Common Line 
tariff participants and the projected revenue recovered by the 
association Common Carrier Line charge as calculated pursuant to 
Sec. 69.105(b)(1) of this chapter. For calendar years 1998 and 1999, the 
Long Term Support for each eligible service area shall be adjusted each 
year to reflect the annual percentage change in the actual nationwide 
average loop cost as filed by the fund administrator in the previous 
calendar year, pursuant to Sec. 36.622 of this chapter. Beginning 
January 1, 2000, the Long Term Support shall be adjusted each year to 
reflect the annual percentage change in the Department of Commerce's 
Gross Domestic Product-Chained Price Index (GDP-CPI).



Sec. 54.305  Sale or transfer of exchanges.

    A carrier that acquires telephone exchanges from an unaffiliated 
carrier shall receive universal service support for the acquired 
exchanges at the same per-line support levels for which those exchanges 
were eligible prior to the transfer of the exchanges. A carrier that has 
entered into a binding commitment to buy exchanges prior to May 7, 1997 
will receive support for the newly acquired lines based upon the average 
cost of all of its lines, both those newly acquired and those it had 
prior to execution of the sales agreement.



Sec. 54.307  Support to a competitive eligible telecommunications carrier.

    (a) Calculation of support. A competitive eligible 
telecommunications carrier shall receive universal service support to 
the extent that the competitive eligible telecommunications carrier 
captures an incumbent local exchange carrier's (ILEC) subscriber lines 
or serves new subscriber lines in the ILEC's service area.
    (1) A competitive eligible telecommunications carrier shall receive 
support for each line it serves based on the support the ILEC receives 
for each line.
    (2) The ILEC's per-line support shall be calculated by dividing the 
ILEC's universal service support by the number of loops served by that 
ILEC at its most recent annual loop count.
    (3) A competitive eligible telecommunications carrier that uses 
switching functionalities purchased as unbundled network elements 
pursuant to Sec. 51.307 of this chapter to provide the supported 
services shall receive the lesser of the unbundled network element price 
for switching or the per-line DEM support of the ILEC, if any. A 
competitive eligible telecommunications carrier that uses loops 
purchased as unbundled network elements pursuant to Sec. 51.307 of this 
chapter to provide the supported services shall receive the lesser of 
the unbundled network element price for the loop or the ILEC's per-line 
payment from the high cost loop support and LTS, if any. The ILEC 
providing nondiscriminatory access to unbundled network elements to such 
competitive eligible telecommunications carrier shall receive the 
difference between the level of universal service support provided to 
the competitive eligible telecommunications carrier and the per-customer 
level of support previously provided to the ILEC.
    (4) A competitive eligible telecommunications carrier that provides 
the supported services using neither unbundled network elements 
purchased pursuant to Sec. 51.307 of this chapter nor wholesale service 
purchased pursuant to section 251(c)(4) of the Act will receive the full 
amount of universal service support previously provided to the ILEC for 
that customer.
    (b) Submission of information to the Administrator. In order to 
receive universal service support, a competitive eligible 
telecommunications carrier must provide the Administrator on or before 
July 31st of each year the number of working loops it serves in a 
service area. For universal service support purposes, working loops are 
defined as the number of working Exchange Line C&WF loops used jointly 
for exchange and message telecommunications service, including C&WF 
subscriber lines associated with pay telephones in C&WF Category 1, but 
excluding WATS closed end access and TWX service. This figure shall be 
calculated as of December 31st of the year preceding each July 31st 
filing.

[[Page 78]]



      Subpart E--Universal Service Support for Low-Income Consumers

    Effective Date Note: At 62 FR 32952, June 17, 1997, subpart E was 
added to part 54, effective Jan. 1, 1998.



Sec. 54.400  Terms and definitions.

    As used in this subpart, the following terms shall be defined as 
follows:
    (a) Qualifying low-income subscriber. A ``qualifying low-income 
subscriber'' is a subscriber who meets the low-income eligibility 
criteria established by the state commission, or, in states that do not 
provide state Lifeline support, a subscriber who participates in one of 
the following programs: Medicaid; food stamps; supplemental security 
income; federal public housing assistance; or Low-Income Home Energy 
Assistance Program.
    (b) Toll blocking. ``Toll blocking'' is a service provided by 
carriers that lets consumers elect not to allow the completion of 
outgoing toll calls from their telecommunications channel.
    (c) Toll control. ``Toll control'' is a service provided by carriers 
that allows consumers to specify a certain amount of toll usage that may 
be incurred on their telecommunications channel per month or per billing 
cycle.
    (d) Toll limitation. ``Toll limitation'' denotes both toll blocking 
and toll control.



Sec. 54.401  Lifeline defined.

    (a) As used in this subpart, Lifeline means a retail local service 
offering:
    (1) That is available only to qualifying low-income consumers;
    (2) For which qualifying low-income consumers pay reduced charges as 
a result of application of the Lifeline support amount described in 
Sec. 54.403; and
    (3) That includes the services or functionalities enumerated in 
Sec. 54.101 (a)(1) through (a)(9). The carriers shall offer toll 
limitation to all qualifying low-income consumers at the time such 
consumers subscribe to Lifeline service. If the consumer elects to 
receive toll limitation, that service shall become part of that 
consumer's Lifeline service.
    (b) Eligible telecommunications carriers may not disconnect Lifeline 
service for non-payment of toll charges.
    (1) State commissions may grant a waiver of this requirement if the 
local exchange carrier can demonstrate that:
    (i) It would incur substantial costs in complying with this 
requirement;
    (ii) It offers toll limitation to its qualifying low-income 
consumers without charge; and
    (iii) Telephone subscribership among low-income consumers in the 
carrier's service area is greater than or equal to the national 
subscribership rate for low-income consumers. For purposes of this 
paragraph, a low-income consumer is one with an income below the poverty 
level for a family of four residing in the state for which the carrier 
seeks the waiver. The carrier may reapply for the waiver.
    (2) A carrier may file a petition for review of the state 
commission's decision with the Commission within 30 days of that 
decision. If a state commission has not acted on a petition for a waiver 
of this requirement within 30 days of its filing, the carrier may file 
that petition with the Commission on the 31st day after that initial 
filing.
    (c) Eligible telecommunications carriers may not collect a service 
deposit in order to initiate Lifeline service, if the qualifying low-
income consumer voluntarily elects toll blocking from the carrier, where 
available. If toll blocking is unavailable, the carrier may charge a 
service deposit.
    (d) The state commission shall file or require the carrier to file 
information with the Administrator demonstrating that the carrier's 
Lifeline plan meets the criteria set forth in this subpart and stating 
the number of qualifying low-income consumers and the amount of state 
assistance. Lifeline assistance shall be made available to qualifying 
low-income consumers as soon as the Administrator certifies that the 
carrier's Lifeline plan satisfies the criteria set out in this Subpart.



Sec. 54.403  Lifeline support amount.

    (a) The federal baseline Lifeline support amount shall equal $3.50 
per qualifying low-income consumer. If the state commission approves an 
additional reduction of $1.75 in the amount

[[Page 79]]

paid by consumers, additional federal Lifeline support in the amount of 
$1.75 will be made available to the carrier providing Lifeline service 
to that consumer. Additional federal Lifeline support in an amount equal 
to one-half the amount of any state Lifeline support will be made 
available to the carrier providing Lifeline service to a qualifying low-
income consumer if the state commission approves an additional reduction 
in the amount paid by that consumer equal to the state support 
multiplied by 1.5. The federal Lifeline support amount shall not exceed 
$7.00 per qualifying low-income consumer.
    (b) Eligible carriers that charge federal End-User Common Line 
charges or equivalent federal charges shall apply the federal baseline 
Lifeline support to waive Lifeline consumers' federal End-User Common 
Line charges. Such carriers shall apply any additional federal support 
amount to a qualifying low-income consumer's intrastate rate, if the 
state has approved of such additional support. Other carriers shall 
apply the federal baseline Lifeline support amount, plus the additional 
support amount, where applicable, to reduce their lowest tariffed (or 
otherwise generally available) residential rate for the services 
enumerated in Sec. 54.101(a)(1) through (a)(9), and charge Lifeline 
consumers the resulting amount.
    (c) Lifeline support for providing toll limitation shall equal the 
eligible telecommunications carrier's incremental cost of providing 
either toll blocking or toll control, whichever is selected by the 
particular consumer.



Sec. 54.405  Carrier obligation to offer Lifeline.

    All eligible telecommunications carriers shall make available 
Lifeline service, as defined in Sec. 54.401, to qualifying low-income 
consumers.



Sec. 54.407  Reimbursement for offering Lifeline.

    (a) Universal service support for providing Lifeline shall be 
provided directly to the eligible telecommunications carrier, based on 
the number of qualifying low-income consumers it serves, under 
administrative procedures determined by the Administrator.
    (b) The eligible telecommunications carrier may receive universal 
service support reimbursement for each qualifying low-income consumer 
served. For each consumer receiving Lifeline service, the reimbursement 
amount shall equal the federal support amount, including the support 
amount described in Sec. 54.403(c). The eligible telecommunications 
carrier's universal service support reimbursement shall not exceed the 
carrier's standard, non-Lifeline rate.
    (c) In order to receive universal service support reimbursement, the 
eligible telecommunications carrier must keep accurate records of the 
revenues it forgoes in providing Lifeline in conformity with 
Sec. 54.401. Such records shall be kept in the form directed by the 
Administrator and provided to the Administrator at intervals as directed 
by the Administrator or as provided in this Subpart.



Sec. 54.409  Consumer qualification for Lifeline.

    (a) To qualify to receive Lifeline service in states that provide 
state Lifeline service support, a consumer must meet the criteria 
established by the state commission. The state commission shall 
establish narrowly targeted qualification criteria that are based solely 
on income or factors directly related to income.
    (b) To qualify to receive Lifeline in states that do not provide 
state Lifeline support, a consumer must participate in one of the 
following programs: Medicaid; food stamps; Supplemental Security Income; 
federal public housing assistance; or Low-Income Home Energy Assistance 
Program. In states not providing state Lifeline support, each carrier 
offering Lifeline service to a consumer must obtain that consumer's 
signature on a document certifying under penalty of perjury that 
consumer receives benefits from one of the programs mentioned in this 
paragraph and identifying the program or programs from which that 
consumer receives benefits. On the same document, a qualifying low-
income consumer also must agree to notify the carrier if that

[[Page 80]]

consumer ceases to participate in the program or programs.



Sec. 54.411  Link Up program defined.

    (a) For purposes of this subpart, the term ``Link Up'' shall 
describe the following assistance program for qualifying low-income 
consumers, which an eligible telecommunications carrier shall offer as 
part of its obligation set forth in Secs. 54.101(a)(9) and 54.101(b):
    (1) A reduction in the carrier's customary charge for commencing 
telecommunications service for a single telecommunications connection at 
a consumer's principal place of residence. The reduction shall be half 
of the customary charge or $30.00, whichever is less; and
    (2) A deferred schedule for payment of the charges assessed for 
commencing service, for which the consumer does not pay interest. The 
interest charges not assessed to the consumer shall be for connection 
charges of up to $200.00 that are deferred for a period not to exceed 
one year. Charges assessed for commencing service include any charges 
that the carrier customarily assesses to connect subscribers to the 
network. These charges do not include any permissible security deposit 
requirements.
    (b) A qualifying low-income consumer may choose one or both of the 
programs set forth in paragraph (a) of this section.
    (c) A carrier's Link Up program shall allow a consumer to receive 
the benefit of the Link Up program for a second or subsequent time only 
for a principal place of residence with an address different from the 
residence address at which the Link Up assistance was provided 
previously.



Sec. 54.413  Reimbursement for revenue forgone in offering a Link Up program.

    (a) Eligible telecommunications carriers may receive universal 
service support reimbursement for the revenue they forgo in reducing 
their customary charge for commencing telecommunications service and for 
providing a deferred schedule for payment of the charges assessed for 
commencing service for which the consumer does not pay interest, in 
conformity with Sec. 54.411.
    (b) In order to receive universal service support reimbursement for 
providing Link Up, eligible telecommunications carriers must keep 
accurate records of the revenues they forgo in reducing their customary 
charge for commencing telecommunications service and for providing a 
deferred schedule for payment of the charges assessed for commencing 
service for which the consumer does not pay interest, in conformity with 
Sec. 54.411. Such records shall be kept in the form directed by the 
Administrator and provided to the Administrator at intervals as directed 
by the Administrator or as provided in this subpart. The forgone 
revenues for which the eligible telecommunications carrier may receive 
reimbursement shall include only the difference between the carrier's 
customary connection or interest charges and the charges actually 
assessed to the participating low-income consumer.



Sec. 54.415  Consumer qualification for Link Up.

    (a) In states that provide state Lifeline service, the consumer 
qualification criteria for Link Up shall be the same criteria that the 
state established for Lifeline qualification in accord with 
Sec. 54.409(a).
    (b) In states that do not provide state Lifeline service, the 
consumer qualification criteria for Link Up shall be the same as the 
criteria set forth in Sec. 54.409(b).



Sec. 54.417  Transition to the new Lifeline and Link Up programs.

    The rules in this subpart shall take effect on January 1, 1998.



     Subpart F--Universal Service Support for Schools and Libraries



Sec. 54.500  Terms and definitions.

    Terms used in this subpart have the following meanings:
    (a) Elementary school. An ``elementary school'' is a non-profit 
institutional day or residential school that provides elementary 
education, as determined under state law.
    (b)Existing contract. For the purpose of Sec. 54.511(c), an 
``existing contract'' is

[[Page 81]]

any signed contract for services eligible for discounts pursuant to this 
subpart between an eligible school or library as defined under 
Sec. 54.501 and a service provider that either:
    (1) Was signed prior to November 8, 1996; or
    (2) Is limited to services provided before December 31, 1998 and was 
signed on or after November 8, 1996 but was before the first date that 
the universal service competitive bidding system described in 
Sec. 54.504 is operational. The competitive bidding system will be 
deemed to be operational when both the universal service administrator 
is ready to accept and post requests for service from schools and 
libraries on a website and that website may be used by potential service 
providers.
    (c) Internal connections. A given service is eligible for support as 
a component of the institution's internal connections only if it is 
necessary to transport information to individual classrooms. Thus, 
internal connections includes items such as routers, hubs, network file 
servers, and wireless LANs and their installation and basic maintenance 
because all are needed to switch and route messages within a school or 
library.
    (d) Library. A ``library'' includes:
    (1) A public library;
    (2) A public elementary school or secondary school library;
    (3) An academic library;
    (4) A research library, which for the purposes of this definition 
means a library that:
    (i) Makes publicly available library services and materials suitable 
for scholarly research and not otherwise available to the public; and
    (ii) Is not an integral part of an institution of higher education; 
and
    (5) A private library, but only if the state in which such private 
library is located determines that the library should be considered a 
library for the purposes of this definition.
    (e) Library consortium. A ``library consortium'' is any local, 
statewide, regional, or interstate cooperative association of libraries 
that provides for the systematic and effective coordination of the 
resources of school, public, academic, and special libraries and 
information centers, for improving services to the clientele of such 
libraries. For the purposes of these rules, references to library will 
also refer to library consortium.
    (f) Lowest corresponding price. ``Lowest corresponding price'' is 
the lowest price that a service provider charges to non-residential 
customers who are similarly situated to a particular school, library, or 
library consortium for similar services.
    (g) National school lunch program. The ``national school lunch 
program'' is a program administered by the U.S. Department of 
Agriculture and state agencies that provides free or reduced price 
lunches to economically disadvantaged children. A child whose family 
income is between 130 percent and 185 percent of applicable family size 
income levels contained in the nonfarm poverty guidelines prescribed by 
the Office of Management and Budget is eligible for a reduced price 
lunch. A child whose family income is 130 percent or less of applicable 
family size income levels contained in the nonfarm income poverty 
guidelines prescribed by the Office of Management and Budget is eligible 
for a free lunch.
    (h) Pre-discount price. The ``pre-discount price'' means, in this 
subpart, the price the service provider agrees to accept as total 
payment for its telecommunications or information services. This amount 
is the sum of the amount the service provider expects to receive from 
the eligible school or library and the amount it expects to receive as 
reimbursement from the universal service support mechanisms for the 
discounts provided under this subpart.
    (i) Secondary school. A ``secondary school'' is a non-profit 
institutional day or residential school that provides secondary 
education, as determined under state law. A secondary school does not 
offer education beyond grade 12.

[62 FR 32948, June 17, 1997, as amended at 62 FR 40748, July 30, 1997]



Sec. 54.501  Eligibility for services provide by telecommunications carriers.

    (a) Telecommunications carriers shall be eligible for universal 
service support under this subpart for providing supported services to 
eligible

[[Page 82]]

schools, libraries, and consortia including those entities.
    (b) Schools.
    (1) Only schools meeting the statutory definitions of ``elementary 
school,'' as defined in 20 U.S.C. 8801(14), or ``secondary school,'' as 
defined in 20 U.S.C. 8801(25), and not excluded under paragraphs (a)(2) 
or (a)(3) of this section shall be eligible for discounts on 
telecommunications and other supported services under this subpart.
    (2) Schools operating as for-profit businesses shall not be eligible 
for discounts under this subpart.
    (3) Schools with endowments exceeding $50,000,000 shall not be 
eligible for discounts under this subpart.
    (c) Libraries:
    (1) Only libraries eligible for assistance from a State library 
administrative agency under the Library Services and Technology Act 
(Pub. L. 104-208) and not excluded under paragraphs (b)(2) or (b)(3) of 
this section shall be eligible for discounts under this subpart.
    (2) A library's eligibility for universal service funding shall 
depend on its funding as an independent entity. Only libraries whose 
budgets are completely separate from any schools (including, but not 
limited to, elementary and secondary schools, colleges, and 
universities) shall be eligible for discounts as libraries under this 
subpart.
    (3) Libraries operating as for-profit businesses shall not be 
eligible for discounts under this subpart.
    (d) Consortia:
    (1) For purposes of seeking competitive bids for telecommunications 
services, schools and libraries eligible for support under this subpart 
may form consortia with other eligible schools and libraries, with 
health care providers eligible under subpart G of this part, and with 
public sector (governmental) entities, including, but not limited to, 
state colleges and state universities, state educational broadcasters, 
counties, and municipalities, when ordering telecommunications and other 
supported services under this subpart. With one exception, eligible 
schools and libraries participating in consortia with ineligible private 
sector members shall not be eligible for discounts for interstate 
services under this subpart. A consortium may include ineligible private 
sector entities if the pre-discount prices of any services that such 
consortium receives from ILECs are generally tariffed rates.
    (2) For consortia, discounts under this subpart shall apply only to 
the portion of eligible telecommunications and other supported services 
used by eligible schools and libraries.
    (3) State agencies may receive discounts on the purchase of 
telecommunications and information services that they make on behalf of 
and for the direct use of eligible schools and libraries, as through 
state networks.
    (4) Service providers shall keep and retain records of rates charged 
to and discounts allowed for eligible schools and libraries--on their 
own or as part of a consortium. Such records shall be available for 
public inspection.



Sec. 54.502  Supported telecommunications services.

    For the purposes of this subpart, supported telecommunications 
services provided by telecommunications carriers include all 
commercially available telecommunications services.



Sec. 54.503  Other supported special services.

    For the purposes of this subpart, other supported special services 
provided by telecommunications carriers include Internet access and 
installation and maintenance of internal connections.



Sec. 54.504  Requests for service.

    (a) Competitive bidding requirement. All eligible schools, 
libraries, and consortia including those entities shall participate in a 
competitive bidding process, pursuant to the requirements established in 
this subpart, but this requirement shall not preempt state or local 
competitive bidding requirements.
    (b) Posting of requests for service. (1) Schools, libraries, and 
consortia, including those entities wishing to receive discounts for 
eligible services under this subpart, shall submit requests for services 
to the Schools and Libraries Corporation. Requests for

[[Page 83]]

services shall include, at a minimum, the following information, to the 
extent applicable to the services requested:
    (i) The computer equipment currently available or budgeted for 
purchase for the current, next, or other future academic years, as well 
as whether the computers have modems and, if so, what speed modems;
    (ii) The internal connections, if any, that the school or library 
has in place or has budgeted to install in the current, next, or future 
academic years, or any specific plans for an organized voluntary effort 
to connect the classrooms;
    (iii) The computer software necessary to communicate with other 
computers over an internal network and over the public 
telecommunications network currently available or budgeted for purchase 
for the current, next, or future academic years;
    (iv) The experience of, and training received by, the relevant staff 
in the use of the equipment to be connected to the telecommunications 
network and training programs for which funds are committed for the 
current, next, or future academic years;
    (v) Existing or budgeted maintenance contracts to maintain 
computers; and
    (vi) The capacity of the school's or library's electrical system in 
terms of how many computers can be operated simultaneously without 
creating a fire hazard.
    (2) The request for services shall be signed by the person 
authorized to order telecommunications and other supported services for 
the school or library and shall include that person's certification 
under oath that:
    (i) The school or library is an eligible entity under 
Secs. 254(h)(4) and 254(h)(5) of the Act and the rules adopted under 
this subpart;
    (ii) The services requested will be used solely for educational 
purposes;
    (iii) The services will not be sold, resold, or transferred in 
consideration for money or any other thing of value;
    (iv) If the services are being purchased as part of an aggregated 
purchase with other entities, the request identifies all co-purchasers 
and the services or portion of the services being purchased by the 
school or library;
    (v) All of the necessary funding in the current funding year has 
been budgeted and approved to pay for the ``non-discount'' portion of 
requested connections and services as well as any necessary hardware, 
software, and to undertake the necessary staff training required to use 
the services effectively;
    (vi) The school, library, or consortium including those entities has 
complied with all applicable state and local procurement processes; and
    (vii) The school, library, or consortium including those entities 
has a technology plan that has been certified by its state, the Schools 
and Libraries Corporation, or an independent entity approved by the 
Commission.
    (3) After posting a description of services from a school, library, 
or consortium of these entities on the school and library website, the 
Schools and Libraries Corporation shall send confirmation of the posting 
to the entity requesting services.
    (c) Rate disputes. Schools, libraries, and consortia including those 
entities, and service providers may have recourse to the Commission, 
regarding interstate rates, and to state commissions, regarding 
intrastate rates, if they reasonably believe that the lowest 
corresponding price is unfairly high or low.
    (1) Schools, libraries, and consortia including those entities may 
request lower rates if the rate offered by the carrier does not 
represent the lowest corresponding price.
    (2) Service providers may request higher rates if they can show that 
the lowest corresponding price is not compensatory, because the relevant 
school, library, or consortium including those entities is not similarly 
situated to and subscribing to a similar set of services to the customer 
paying the lowest corresponding price.

[62 FR 32948, June 17, 1997, as amended at 62 FR 41304, Aug. 1, 1997]



Sec. 54.505  Discounts.

    (a) Discount mechanism. Discounts for eligible schools and libraries 
shall be set as a percentage discount from the pre-discount price.
    (b) Discount percentages. The discounts available to eligible 
schools and libraries shall range from 20 percent to

[[Page 84]]

90 percent of the pre-discount price for all eligible services provided 
by eligible providers, as defined in this subpart. The discounts 
available to a particular school, library, or consortium of only such 
entities shall be determined by indicators of poverty and high cost.
    (1) For schools and school districts, the level of poverty shall be 
measured by the percentage of their student enrollment that is eligible 
for a free or reduced price lunch under the national school lunch 
program or a federally-approved alternative mechanism. School districts 
applying for eligible services on behalf of their individual schools may 
calculate the district-wide percentage of eligible students using a 
weighted average. For example, a school district would divide the total 
number of students in the district eligible for the national school 
lunch program by the total number of students in the district to compute 
the district-wide percentage of eligible students. Alternatively, the 
district could apply on behalf of individual schools and use the 
respective percentage discounts for which the individual schools are 
eligible.
    (2) For libraries and library consortia, the level of poverty shall 
be based on the percentage of the student enrollment that is eligible 
for a free or reduced price lunch under the national school lunch 
program or a federally-approved alternative mechanism in the public 
school district in which they are located. If the library is not in a 
school district then its level of poverty shall be based on an average 
of the percentage of students eligible for the national school lunch 
program in each of the school districts that children living in the 
library's location attend. Library systems applying for discounted 
services on behalf of their individual branches shall calculate the 
system-wide percentage of eligible families using an unweighted average 
based on the percentage of the student enrollment that is eligible for a 
free or reduced price lunch under the national school lunch program in 
the public school district in which they are located for each of their 
branches or facilities.
    (3) The Schools and Libraries Corporation shall classify schools and 
libraries as ``urban'' or ``rural'' based on location in an urban or 
rural area, according to the following desigantions.
    (i) Schools and libraries located in metropolitan counties, as 
measured by the Office of Management and Budget's Metropolitan 
Statistical Area method, shall be designated as urban, except for those 
schools and libraries located within metropolitan counties identified by 
census block or tract in the Goldsmith Modification.
    (ii) Schools and libraries located in non-metropolitan counties, as 
measured by the Office of Management and Budget's Metropolitan 
Statistical Area method, shall be designated as rural. Schools and 
libraries located in rural areas within metropolitan counties identified 
by census block or tract in the Goldsmith Modification shall also be 
designated as rural.
    (c) Matrix. The Schools and Libraries Corporation shall use the 
following matrix to set a discount rate to be applied to eligible 
interstate services purchased by eligible schools, school districts, 
libraries, or library consortia based on the institution's level of 
poverty and location in an ``urban'' or ``rural'' area.

----------------------------------------------------------------------------------------------------------------
                   Schools and Libraries discount matrix                               Discount level           
----------------------------------------------------------------------------------------------------------------
                            How disadvantaged?                                                                  
---------------------------------------------------------------------------   Urban discount     Rural discount 
         % of students eligible for national school lunch program                                               
----------------------------------------------------------------------------------------------------------------
1.........................................................................                 20                 25
1-19......................................................................                 40                 50
20-34.....................................................................                 50                 60
35-49.....................................................................                 60                 70
50-74.....................................................................                 80                 80
75-100....................................................................                 90                 90
----------------------------------------------------------------------------------------------------------------

    (d) Consortia. Consortia applying for discounted services on behalf 
of their members shall calculate the portion of the total bill eligible 
for a discount

[[Page 85]]

using a weighted average based on the share of the pre-discount price 
for which each eligible school or library agrees to be financially 
liable. Each eligible school, school district, library or library 
consortia will be credited with the discount to which it is entitled.
    (e) Interstate and intrastate services. Federal universal service 
support for schools and libraries shall be provided for both interstate 
and intrastate services.
    (1) Federal universal service support under this subpart for 
eligible schools and libraries in a state is contingent upon the 
establishment of intrastate discounts no less than the discounts 
applicable for interstate services.
    (2) A state may, however, secure a temporary waiver of this latter 
requirement based on unusually compelling conditions.

[62 FR 32948, June 17, 1997, as amended at 62 FR 41304, Aug. 1, 1997]



Sec. 54.507  Cap.

    (a) Amount of the annual cap. The annual cap on federal universal 
service support for schools and libraries shall be $2.25 billion per 
funding year, and all funding authority for a given funding year that is 
unused shall be carried forward into subsequent years for use in 
accordance with demand, with two exceptions. First, no more than $1 
billion shall be collected or spent for the funding period from January 
1, 1998 through June 30, 1998. Second, no more than half of the unused 
portion of the funding authority for calendar year 1998 shall be spent 
in calendar year 1999, and no more than half of the unused funding 
authority from calendar years 1998 and 1999 shall be used in calendar 
year 2000.
    (b) Funding year. The funding year for purposes of the schools and 
libraries cap shall be the calendar year.
    (c) Requests. Funds shall be available to fund discounts for 
eligible schools and libraries and consortia of such eligible entities 
on a first-come-first-served basis, with requests accepted beginning on 
the first of July prior to each funding year. The Schools and Libraries 
Corporation shall maintain a running tally of the funds already 
committed for the existing funding year on the school and library 
website.
    (d) Annual filing requirement. Schools and libraries, and consortia 
of such eligible entities shall file new funding requests for each 
funding year no sooner than the July 1 prior to the start of that 
funding year.
    (e) Long term contracts. If schools and libraries enter into long 
term contracts for eligible services, the Administrator shall only 
commit funds to cover the pro rata portion of such a long term contract 
scheduled to be delivered during the funding year for which universal 
service support is sought.
    (f) Date services must be supplied. The administrator shall not 
approve funding for service received by a school or library before 
January 1, 1998.
    (g) Rules of priority. When expenditures in any funding year reach 
the level where only $250 million remains before the cap will be 
reached, funds shall be distributed in accordance to the following rules 
of priority:
    (1) The Schools and Libraries Corporation shall post a message on 
the school and library website, notify the Commission, and take 
reasonable steps to notify the educational and library communities that 
commitments for the remaining $250 million of support will only be made 
available to the most economically disadvantaged schools and libraries 
(those in the two most disadvantaged categories) for the next 30 days or 
the remainder of the funding year, whichever is shorter.
    (2) The most economically disadvantaged schools and libraries (those 
in the two most disadvantaged categories) that have not received 
discounts from the universal service support mechanism in the previous 
or current funding years shall have exclusive rights to secure 
commitments for universal service support under this subpart for a 30-
day period or the remainder of the funding year, whichever is shorter. 
If such schools and libraries have received universal service support 
only for basic telephone service in the previous or current funding 
years, they shall remain eligible for the highest priority once spending 
commitments leave only $250 million remaining before the funding cap is 
reached.
    (3) Other economically disadvantaged schools and libraries (those in 
the two most disadvantaged categories) that

[[Page 86]]

have received discounts from the universal service support mechanism in 
the previous or current funding years shall have the next highest 
priority, if additional funds are available at the end of the 30-day 
period or the funding year, whichever is shorter.
    (4) The Administrator shall notify the Schools and Libraries 
Corporation of any funds still remaining after all requests submitted by 
schools and libraries described in paragraphs (f)(2) and (f)(3) of this 
section during the 30-day period have been met. The Schools and 
Libraries Corporation shall direct the Administrator to allocate the 
remaining available funds to all other eligible schools and libraries in 
the order in which their requests have been received by the Schools and 
Libraries Corporation, until the $250 million is exhausted or the 
funding year ends.

[62 FR 32948, June 17, 1997, as amended at 62 FR 40748, July 30, 1997; 
62 FR 41304, Aug. 1, 1997]



Sec. 54.509  Adjustments to the discount matrix.

    (a) Estimating future spending requests. When submitting their 
requests for specific amounts of funding for a funding year, schools, 
libraries, library consortia, and consortia including such entities 
shall also estimate their funding requests for the following funding 
year to enable the Administrator, to estimate funding demand for the 
following year.
    (b) Reduction in percentage discounts. If the estimates schools and 
libraries make of their future funding needs lead the Schools and 
Libraries Corporation to predict that total funding requests for a 
funding year will exceed the available funding, the Schools and 
Libraries Corporation shall calculate the percentage reduction to all 
schools and libraries, except those in the two most disadvantaged 
categories, necessary to permit all requests in the next funding year to 
be fully funded.
    (c) Remaining funds. If funds remain under the cap at the end of the 
funding year in which the discounts have been reduced below those set in 
the matrices above, the Administrator shall inform the Schools and 
Libraries Corporation of such remaining funds. The Schools and Libraries 
Corporation then shall consult with the Commission to establish the best 
way to distribute those funds.

[62 FR 32948, June 17, 1997, as amended at 62 FR 41304, Aug. 1, 1997]



Sec. 54.511  Ordering services.

    (a) Selecting a provider of eligible services. In selecting a 
provider of eligible services, schools, libraries, library consortia, 
and consortia including any of those entities shall carefully consider 
all bids submitted and may consider relevant factors other than the pre-
discount prices submitted by providers.
    (b) Lowest corresponding price. Providers of eligible services shall 
not charge schools, school districts, libraries, library consortia, and 
consortia including any of those entities a price above the lowest 
corresponding price for supported services, unless the Commission, with 
respect to interstate services or the state commission with respect to 
intrastate services, finds that the lowest corresponding price is not 
compensatory.
    (c) Schools and libraries bound by existing contracts. Schools and 
libraries bound by existing contracts for service shall not be required 
to breach those contracts in order to qualify for discounts under this 
subpart during the period for which they are bound. This exemption from 
competitive bidding requirements, however, shall not apply to voluntary 
extensions of existing contracts.



Sec. 54.513  Resale.

    (a) Prohibition on resale. Eligible services purchased at a discount 
under this subpart shall not be sold, resold, or transferred in 
consideration of money or any other thing of value.
    (b) Permissible fees. This prohibition on resale shall not bar 
schools, school districts, libraries, and library consortia from 
charging either computer lab fees or fees for classes in how to navigate 
over the Internet. There is no prohibition on the resale of services 
that are not purchased pursuant to the discounts provided in this 
subpart.



Sec. 54.515  Distributing support.

    (a) A telecommunications carrier providing services eligible for 
support under this subpart to eligible schools

[[Page 87]]

and libraries shall treat the amount eligible for support under this 
subpart as an offset against the carrier's universal service support 
obligation for the year in which the costs for providing eligible 
services were incurred.
    (b) If the total amount of support owed to a carrier, as set forth 
in paragraph (a) of this section, exceeds its universal service 
obligation, calculated on an annual basis, the carrier may receive a 
direct reimbursement in the amount of the difference.
    (c) Any reimbursement due a carrier shall be made after the offset 
is credited against that carrier's universal service obligation.
    (d) Any reimbursement due a carrier shall be submitted to that 
carrier no later than the end of the first quarter of the calendar year 
following the year in which the costs were incurred and the offset 
against the carrier's universal service obligation was applied.



Sec. 54.516  Auditing.

    (a) Recordkeeping requirements. Schools and libraries shall be 
required to maintain for their purchases of telecommunications and other 
supported services at discounted rates the kind of procurement records 
that they maintain for other purchases.
    (b) Production of records. Schools and libraries shall produce such 
records at the request of any auditor appointed by a state education 
department, the Schools and Libraries Corporation, or any state or 
federal agency with jurisdiction.
    (c) Random audits. Schools and libraries shall be subject to random 
compliance audits to evaluate what services they are purchasing and how 
such services are being used.

[62 FR 32948, June 17, 1997, as amended at 62 FR 41304, Aug. 1, 1997]



Sec. 54.517  Services provided by non-telecommunications carriers.

    (a) Non-telecommunications carriers shall be eligible for universal 
service support under this subpart for providing covered services for 
eligible schools, libraries and consortia including those entities.
    (b) Supported services. Non-telecommunications carriers shall be 
eligible for universal service support under this subpart for providing 
Internet access and installation and maintenance of internal 
connections.
    (c) Requirements. Such services provided by non-telecommunications 
carriers shall be subject to all the provisions of this subpart, except 
Secs. 54.501(a), 54.502, 54.503, 54.515.



     Subpart G--Universal Service Support for Health Care Providers



Sec. 54.601  Eligibility.

    (a) Health care providers. (1) Only an entity meeting the definition 
of ``health care provider'' as defined in this section shall be eligible 
to receive supported services under this subpart.
    (2) For purposes of this subpart, a ``health care provider'' is any:
    (i) Post-secondary educational institution offering health care 
instruction, including a teaching hospital or medical school;
    (ii) Community health center or health center providing health care 
to migrants;
    (iii) Local health department or agency;
    (iv) Community mental health center;
    (v) Not-for-profit hospital;
    (vi) Rural health clinic; or
    (vii) Consortium of health care providers consisting of one or more 
entities described in paragraphs (a)(2)(i) through (a)(2)(vi) of this 
section.
    (3) Only public or non-profit health care providers shall be 
eligible to receive supported services under this subpart.
    (4) Except with regard to those services provided under Sec. 54.621, 
only a rural health care provider shall be eligible to receive supported 
services under this subpart. A ``rural health care provider'' is a 
health care provider located in a rural area, as defined in this part.
    (5) Each separate site or location of a health care provider shall 
be considered an individual health care provider for purposes of 
calculating and limiting support under this subpart.
    (b) Consortia. (1) An eligible health care provider may join a 
consortium with other eligible health care providers; with schools, 
libraries, and library consortia eligible under Subpart F; and

[[Page 88]]

with public sector (governmental) entities to order telecommunications 
services. With one exception, eligible health care providers 
participating in consortia with ineligible private sector members shall 
not be eligible for supported services under this subpart. A consortium 
may include ineligible private sector entities if such consortium is 
only receiving services at tariffed rates or at market rates from those 
providers who do not file tariffs.
    (2) For consortia, universal service support under this subpart 
shall apply only to the portion of eligible services used by an eligible 
health care provider.
    (3) Telecommunications carriers shall carefully maintain complete 
records of how they allocate the costs of shared facilities among 
consortium participants in order to charge eligible health care 
providers the correct amounts. Such records shall be available for 
public inspection.
    (4) Telecommunications carriers shall calculate and justify with 
supporting documentation the amount of support for which each member of 
a consortium is eligible.
    (c) Services. (1) Any telecommunications service of a bandwidth up 
to and including 1.544 Mbps that is the subject of a properly completed 
bona fide request by a rural health care provider shall be eligible for 
universal service support, subject to the limitations described in this 
subpart. The length of a supported telecommunications service may not 
exceed the distance between the health care provider and the point 
farthest from that provider on the jurisdictional boundary of the 
nearest large city as defined in Sec. 54.605(c).
    (2) Limited toll-free access to an Internet service provider shall 
be eligible for universal service support under Sec. 54.621.



Sec. 54.603  Competitive bidding.

    (a) Competitive bidding requirement. To select the 
telecommunications carriers that will provide services eligible for 
universal service support to it under this subpart, each eligible health 
care provider shall participate in a competitive bidding process 
pursuant to the requirements established in this subpart and any 
additional and applicable state, local, or other procurement 
requirements.
    (b) Posting of requests for service. (1) Health care providers 
seeking to receive telecommunications services eligible for universal 
service support under this subpart shall submit a description of the 
services requested. Requests shall be signed by the person authorized to 
order telecommunications services for the health care provider and shall 
include that person's certification under oath that:
    (i) The requester is a public or non-profit entity that falls within 
one of the seven categories set forth in the definition of health care 
provider, listed in Sec. 54.601(a);
    (ii) The requester is physically located in a rural area, unless the 
health care provider is requesting services provided under Sec. 54.621;
    (iii) If the health care provider is requesting services provided 
under Sec. 54.621, that the requester cannot obtain toll-free access to 
an Internet service provider;
    (iv) The requested service or services will be used solely for 
purposes reasonably related to the provision of health care services or 
instruction that the health care provider is legally authorized to 
provide under the law in the state in which such health care services or 
instruction are provided;
    (v) The requested service or services will not be sold, resold or 
transferred in consideration of money or any other thing of value; and
    (vi) If the service or services are being purchased as part of an 
aggregated purchase with other entities or individuals, the full details 
of any such arrangement, including the identities of all co-purchasers 
and the portion of the service or services being purchased by the health 
care provider.
    (2) The Rural Health Care Corporation shall post each request for 
eligible services that it receives from an eligible health care provider 
on the corporation's website designated for this purpose.
    (3) After posting a description of services from a health care 
provider on the website, the Rural Health Care Corporation shall send 
confirmation of the

[[Page 89]]

posting to the entity requesting services. That health care provider 
shall then wait at least 28 days from the date on which its description 
of services is posted on the website before making commitments with the 
selected telecommunications carrier(s).
    (4) After selecting a telecommunications carrier, the health care 
provider shall certify to the Rural Health Care Corporation that the 
provider is selecting the most cost-effective method of providing the 
requested service or services, where the most cost-effective method of 
providing a service is defined as the method that costs the least after 
consideration of the features, quality of transmission, reliability, and 
other factors that the health care provider deems relevant to choosing a 
method of providing the required health care services. The health care 
provider shall submit to the Rural Health Care Corporation paper copies 
of the responses or bids received in response to the requested services.
    (5) The confirmation from the Rural Health Care Corporation shall 
include the date after which the requester may sign a contract with its 
chosen telecommunications carrier(s).

[62 FR 32948, June 17, 1997, as amended at 62 FR 41304, Aug. 1, 1997]



Sec. 54.605  Determining the urban rate.

    (a) If a rural health care provider requests an eligible service to 
be provided over a distance that is less than or equal to the ``standard 
urban distance,'' as defined in paragraph (d) of this section, for the 
state in which it is located, the urban rate for that service shall be a 
rate no higher than the highest tariffed or publicly-available rate 
charged to a commercial customer for a similar service provided over the 
same distance in the nearest large city in the state, calculated as if 
it were provided between two points within the city.
    (b) If a rural health care provider requests an eligible service to 
be provided over a distance that is greater than the ``standard urban 
distance'' for the state in which it is located, the urban rate shall be 
no higher than the highest tariffed or publicly-available rate charged 
to a commercial customer for a similar service provided over the 
standard urban distance in the nearest large city in the state, 
calculated as if the service were provided between two points within the 
city.
    (c) The ``nearest large city'' is the city located in the eligible 
health care provider's state, with a population of at least 50,000, that 
is nearest to the health care provider's location, measured point to 
point, from the health care provider's location to the point on that 
city's jurisdictional boundary closest to the health care provider's 
location.
    (d) The ``standard urban distance'' for a state is the average of 
the longest diameters of all cities with a population of 50,000 or more 
within the state, calculated by the Administrator.



Sec. 54.607  Determining the rural rate.

    (a) The rural rate shall be the average of the rates actually being 
charged to commercial customers, other than health care providers, for 
identical or similar services provided by the telecommunications carrier 
providing the service in the rural area in which the health care 
provider is located. The rates included in this average shall be for 
services provided over the same distance as the eligible service. The 
rates averaged to calculate the rural rate must not include any rates 
reduced by universal service support mechanisms. The ``rural rate'' 
shall be used as described in this subpart to determine the credit or 
reimbursement due to a telecommunications carrier that provides eligible 
telecommunications services to eligible health care providers.
    (b) If the telecommunications carrier serving the health care 
provider is not providing any identical or similar services in the rural 
area, then the rural rate shall be the average of the tariffed and other 
publicly available rates, not including any rates reduced by universal 
service programs, charged for the same or similar services in that rural 
area over the same distance as the eligible service by other carriers. 
If there are no tariffed or publicly available rates for such services 
in that rural area, or if the carrier reasonably determines that this 
method for calculating the rural rate is unfair, then the carrier shall 
submit for the state commission's approval, for intrastate rates, or

[[Page 90]]

the Commission's approval, for interstate rates, a cost-based rate for 
the provision of the service in the most economically efficient, 
reasonably available manner.
    (1) The carrier must provide, to the state commission, or intrastate 
rates, or to the Commission, for interstate rates, a justification of 
the proposed rural rate, including an itemization of the costs of 
providing the requested service.
    (2) The carrier must provide such information periodically 
thereafter as required, by the state commission for intrastate rates or 
the Commission for interstate rates. In doing so, the carrier must take 
into account anticipated and actual demand for telecommunications 
services by all customers who will use the facilities over which 
services are being provided to eligible health care providers.



Sec. 54.609   Calculating support.

    (a) Except with regard to services provided under Sec. 54.621 and 
subject to the limitations set forth in this Subpart, the amount of 
universal service support for an eligible service provided to a rural 
health care provider shall be the difference, if any, between the urban 
rate and the rural rate charged for the service, as defined herein.
    (b) Except with regard to services provided under Sec. 54.621, a 
telecommunications carrier that provides telecommunications service to a 
rural health care provider participating in an eligible health care 
consortium must establish the applicable rural rate for the health care 
provider's portion of the shared telecommunications services, as well as 
the applicable urban rate. Absent documentation justifying the amount of 
universal service support requested for health care providers 
participating in a consortium, the Rural Health Care Corporation shall 
not allow telecommunications carriers to offset, or receive 
reimbursement for, the amount eligible for universal service support.

[62 FR 32948, June 17, 1997, as amended at 62 FR 41305, Aug. 1, 1997]



Sec. 54.611   Distributing support.

    (a) A telecommunications carrier providing services eligible for 
support under this subpart to eligible health care providers shall treat 
the amount eligible for support under this subpart as an offset against 
the carrier's universal service support obligation for the year in which 
the costs for providing eligible services were incurred.
    (b) If the total amount of support owed to a carrier, as set forth 
in paragraph (a) of this section, exceeds its universal service 
obligation, calculated on an annual basis, the carrier may receive a 
direct reimbursement in the amount of the difference.
    (c) Any reimbursement due a carrier shall be made after the offset 
is credited against that carrier's universal service obligation.
    (d) Any reimbursement due a carrier shall be submitted to that 
carrier no later than the end of the first quarter of the calendar year 
following the year in which the costs were incurred and the offset 
against the carrier's universal service obligation was applied.



Sec. 54.613   Limitations on supported services for rural health care providers.

    (a) Upon submitting a bona fide request to a telecommunications 
carrier, each eligible rural health care provider is entitled to receive 
the most cost-effective, commercially-available telecommunications 
service using a bandwidth capacity of 1.544 Mbps, at a rate no higher 
than the highest urban rate, as defined in this subpart, at a distance 
not to exceed the distance between the eligible health care provider's 
site and the farthest point from that site that is on the jurisdictional 
boundary of the nearest large city, as defined in Sec. 54.605(c).
    (b) The rural health care provider may substitute any other service 
or combination of services with transmission capacities of less than 
1.544 Mbps transmitted over the same or a shorter distances, so long as 
the total annual support amount for all such services combined, 
calculated as provided in this subpart, does not exceed what the support 
amount would have been for the service described in paragraph (a) of 
this section. If the rural health care provider is located in an area 
where a service using a bandwidth capacity of 1.544 Mbps is not 
available,

[[Page 91]]

then the total annual support amount for that provider shall not exceed 
what the support amount would have been under paragraph (a) of this 
section, calculated using the rural rate for a service of that capacity 
in another area of the state.
    (c) This section shall not affect a rural health care provider's 
ability to obtain supported services under Sec. 54.621.



Sec. 54.615   Obtaining services.

    (a) Selecting a provider. In selecting a telecommunications carrier, 
a health care provider shall consider all bids submitted and select the 
most cost-effective alternative.
    (b) Receiving supported rate. Except with regard to services 
provided under Sec. 54.621, upon receiving a bona fide request for an 
eligible service from an eligible health care provider, as set forth in 
paragraph (c) of this section, a telecommunications carrier shall 
provide the service at a rate no higher than the urban rate, as defined 
in Sec. 54.605, subject to the limitations set forth in this Subpart.
    (c) Bona fide request. In order to receive services eligible for 
universal service support under this subpart, an eligible health care 
provider must submit a request for services to the telecommunications 
carrier, Signed by an authorized officer of the health care provider, 
and shall include that person's certification under oath that:
    (1) The requester is a public or non-profit entity that falls within 
one of the seven categories set forth in the definition of health care 
provider, listed in Sec. 54.601(a);
    (2) The requester is physically located in a rural area, unless the 
health care provider is requesting services provided under Sec. 54.621;
    (3) If the health care provider is requesting services provided 
under Sec. 54.621, that the requester cannot obtain toll-free access to 
an Internet service provider;
    (4) The requested service or services will be used solely for 
purposes reasonably related to the provision of health care services or 
instruction that the health care provider is legally authorized to 
provide under the law in the state in which such health care services or 
instruction are provided;
    (5) The requested service or services will not be sold, resold or 
transferred in consideration of money or any other thing of value;
    (6) If the service or services are being purchased as part of an 
aggregated purchase with other entities or individuals, the full details 
of any such arrangement, including the identities of all co-purchasers 
and the portion of the service or services being purchased by the health 
care provider; and
    (7) The requester is selecting the most cost-effective method of 
providing the requested service or services, where the most cost-
effective method of providing a service is defined as the method that 
costs the least after consideration of the features, quality of 
transmission, reliability, and other factors that the health care 
provider deems relevant to choosing a method of providing the required 
health care services.
    (d) Annual renewal. The certification set forth in paragraph (c) of 
this section shall be renewed annually.



Sec. 54.617   Resale.

    (a) Prohibition on resale. Services purchased pursuant to universal 
service support mechanisms under this subpart shall not be sold, resold, 
or transferred in consideration for money or any other thing of value.
    (b) Permissible fees. The prohibition on resale set forth in 
paragraph (a) of this section shall not prohibit a health care provider 
from charging normal fees for health care services, including 
instruction related to such services rendered via telecommunications 
services purchased under this subpart.



Sec. 54.619   Audit program.

    (a) Recordkeeping requirements. Health care providers shall maintain 
for their purchases of services supported under this subpart the same 
kind of procurement records that they maintain for other purchases.
    (b) Production of records. Health care providers shall produce such 
records at the request of any auditor appointed by the Administrator or 
any other state or federal agency with jurisdiction.

[[Page 92]]

    (c) Random audits. Health care providers shall be subject to random 
compliance audits to ensure that requesters are complying with the 
certification requirements set forth in Sec. 54.615(c) and are otherwise 
eligible to receive universal service support and that rates charged 
comply with the statute and regulations.
    (d) Annual report. The Administrator shall use the information 
obtained under paragraph (a) of this section to evaluate the effects of 
the regulations adopted in this subpart and shall report its findings to 
the Commission on the first business day in May of each year.



Sec. 54.621  Access to advanced telecommunications and information services.

    (a) Each eligible health care provider that cannot obtain toll-free 
access to an Internet service provider shall be entitled to receive the 
lesser of the toll charges incurred for 30 hours of access per month to 
an Internet service provider or $180 per month in toll charge credits 
for toll charges imposed for connecting to an Internet service provider.
    (b) Both telecommunications carriers designated as eligible 
telecommunications carriers pursuant to Sec. 54.201(d) and 
telecommunications carriers not so designated that provide services 
described in paragraph (a) of this section shall be eligible for 
universal service support under this section.



Sec. 54.623  Cap.

    (a) Amount of the annual Cap. The annual cap on federal universal 
service support for health care providers shall be $400 million per 
funding year.
    (b) Funding year. The funding year for purposes of the health care 
providers cap shall be the calendar year.
    (c) Requests. Funds shall be available to eligible health care 
providers on a first-come-first-served basis, with requests accepted 
beginning on the first of July prior to each funding year.
    (d) Annual filing requirement. Health care providers shall file new 
funding requests for each funding year.
    (e) Long term contracts. If health care providers enter into long 
term contracts for eligible services, the Administrator shall only 
commit funds to cover the portion of such a long term contract scheduled 
to be delivered during the funding year for which universal service 
support is sought.



                        Subpart H--Administration



Sec. 54.701  Administrator of universal service support mechanisms.

    (a) A Federal Advisory Committee (Committee) shall recommend a 
neutral, third-party administrator of the universal service support 
programs to the Commission within six months of the Committee's first 
meeting. The Commission shall act upon that recommendation within six 
months. The Administrator must:
    (1) Be neutral and impartial;
    (2) Not advocate specific positions before the Commission in non-
universal service administration proceedings related to common carrier 
issues, except that membership in a trade association that advocates 
positions before the Commission will not render it ineligible to serve 
as the Administrator;
    (3) Not be an affiliate of any provider of telecommunications 
services; and
    (4) Not issue a majority of its debt to, nor derive a majority of 
its revenues from any provider(s) of telecommunications services. This 
prohibition also applies to any affiliates of the Administrator.
    (b) If the Administrator has a Board of Directors that includes 
members with direct financial interests in entities that contribute to 
or receive support from the universal service support programs, no more 
than a third of the Board members may represent any one category (e.g., 
local exchange carriers, interexchange carriers, wireless carriers, 
schools, libraries) of contributing carriers or support recipients, and 
the Board's composition must reflect the broad base of contributors to 
and recipients of universal service.
    (1) An individual does not have a direct financial interest in 
entities that contribute to or receive support from the universal 
service support programs if he or she is not an employee of a 
telecommunications carrier or of a recipient of universal service 
support programs funds, does not own equity

[[Page 93]]

interests in bonds or equity instruments issued by any 
telecommunications carrier, and does not own mutual funds that 
specialize in the telecommunications industry. If a mutual fund invests 
more than 50 percent of its money in telecommunications stocks and 
bonds, then it specializes in the telecommunications industry.
    (2) An individual's ownership interest in entities that contribute 
to or receive support from the universal service support programs is de 
minimis if in aggregate the individual, spouse, and minor children's 
impermissible interests do not exceed $5,000.
    (c) The Administrator chosen by the Committee shall begin 
administering the support programs within six months of its appointment. 
The Administrator's performance shall be reviewed by the Commission 
after two years. The Administrator shall serve an initial term of five 
years. At any time prior to nine months before the end of the 
Administrator's five-year term, the Commission may re-appoint the 
Administrator for another term of not more than five years. Otherwise, 
nine months before the end of the Administrator's term, the Commission 
will create another Federal Advisory Committee to recommend another 
neutral, third-party administrator.
    (d) The Committee's and Administrator's reasonable administrative 
projected annual costs shall be included within the universal service 
support programs' projected expenses.
    (e) The Administrator shall keep the universal service support 
program funds separate from all other funds under the control of the 
Administrator.
    (f) The Administrator shall be subject to a yearly audit by an 
independent accounting firm and may be subject to an additional audit by 
the Commission, if the Commission so requests.
    (1) The Administrator shall report annually to the Commission an 
itemization of monthly administrative costs that shall include all 
expenses, receipts, and payments associated with the administration of 
the universal service support programs and shall provide the Commission 
full access to the data collected pursuant to the administration of the 
universal service support programs.
    (2) Pursuant to Sec. 64.903 of this chapter, the Administrator shall 
file with the Commission a cost allocation manual (CAM), that describes 
the accounts and procedures the Administrator will use to allocate the 
shared costs of administering the universal service support programs and 
its other operations.
    (3) Information based on the Administrator's reports will be made 
public at least once a year as part of a Monitoring Report.
    (g) The Administrator shall report quarterly to the Commission on 
the disbursement of universal service support program funds. The 
Administrator shall keep separate accounts for the amounts of money 
collected and disbursed for eligible schools and libraries, rural health 
care providers, low-income consumers, and high cost and insular areas.
    (h) The Administrator shall be subject to close-out audits at the 
end of their terms.

[62 FR 32948, June 17, 1997, as amended at 62 FR 41305, Aug. 1, 1997]



Sec. 54.703  Contributions.

    (a) Entities that provide interstate telecommunications to the 
public, or to such classes of users as to be effectively available to 
the public, for a fee will be considered telecommunications carriers 
providing interstate telecommunications services and must contribute to 
the universal service support programs. Interstate telecommunications 
include, but are not limited to:
    (1) Cellular telephone and paging services;
    (2) Mobile radio services;
    (3) Operator services;
    (4) Personal communications services (PCS);
    (5) Access to interexchange service;
    (6) Special access service;
    (7) WATS;
    (8) Toll-free service;
    (9) 900 service;
    (10) Message telephone service (MTS);
    (11) Private line service;
    (12) Telex;
    (13) Telegraph;
    (14) Video services;
    (15) Satellite service;
    (16) Resale of interstate services; and
    (17) Payphone services.

[[Page 94]]

    (b) Every telecommunications carrier that provides interstate 
telecommunications services, every provider of interstate 
telecommunications that offers telecommunications for a fee on a non-
common carrier basis, and payphone providers that are aggregators shall 
contribute to the programs for eligible schools, libraries, and health 
care providers on the basis of its interstate, intrastate, and 
international end-user telecommunications revenues. Entities providing 
open video systems (OVS), cable leased access, or direct broadcast 
satellite (DBS) services are not required to contribute on the basis of 
revenues derived from those services.
    (c) Every telecommunications carrier that provides interstate 
telecommunications services, every provider of interstate 
telecommunications that offers telecommunications for a fee on a non-
common carrier basis, and payphone providers that are aggregators shall 
contribute to the programs for high cost, rural and insular areas, and 
low-income consumers on the basis of its interstate and international 
end-user telecommunications revenues. Entities providing OVS, cable 
leased access, or DBS services are not required to contribute on the 
basis of revenues derived from those services.



Sec. 54.705  De minimis exemption.

    If a contributor's contribution to universal service in any given 
year is less than $100, that contributor will not be required to submit 
a contribution or Universal Service Worksheet for that year. If a 
contributor improperly claims exemption from the contribution 
requirement, it will subject to the criminal provisions of sections 220 
(d) and (e) of the Act regarding willful false submissions and will be 
required to pay the amounts withheld plus interest.



Sec. 54.707  Audit controls.

    The Administrator shall have authority to audit contributors and 
carriers reporting data to the administrator. The Administrator shall 
establish procedures to verify discounts, offsets, and support amounts 
provided by the universal service support programs, and may suspend or 
delay discounts, offsets, and support amounts provided to a carrier if 
the carrier fails to provide adequate verification of discounts, 
offsets, or support amounts provided upon reasonable request, or if 
directed by the Commission to do so. The Administrator shall not provide 
reimbursements, offsets or support amounts pursuant to part 36 and 
Sec. 69.116 through 69.117 of this chapter, and subparts D, E, and G of 
this part to a carrier until the carrier has provided to the 
Administrator a true and correct copy of the decision of a state 
commission designating that carrier as an eligible telecommunications 
carrier in accordance with Sec. 54.201.



Sec. 54.709  Computations of required contributions to universal service support mechanisms.

    (a) Contributions to the universal service support mechanisms shall 
be based on contributors' end-user telecommunications revenues and 
contribution factors determined quarterly by the Administrator.
    (1) For funding the schools and libraries and rural health care 
programs, the subject revenues will be contributors' interstate, 
intrastate, and international revenues derived from domestic end users 
for telecommunications or telecommunications services. For funding the 
high cost and low-income programs, the subject revenues will be 
contributors' interstate and international revenues derived from 
domestic end users for telecommunications or telecommunications 
services.
    (2) The quarterly universal service contribution factors shall be 
based on the ratio of total projected quarterly expenses of the 
universal service support programs to total end-user telecommunications 
revenues. The Commission shall determine two contribution factors, one 
of which shall be applied to interstate and international end-user 
telecommunications revenues and the other of which shall be applied to 
interstate, intrastate, and international end-user telecommunications 
revenues. The Commission shall approve the Administrator's, the Schools 
and Libraries Corporation's, and the

[[Page 95]]

Rural Health Care Corporation's quarterly projected costs of universal 
service support programs, taking into account demand for support and 
administrative expenses. The total subject revenues shall be compiled by 
the Administrator based on information contained in the Universal 
Service Worksheets described in Sec. 54.711(a)
    (3) Total projected expenses for universal service support programs 
for each quarter must be approved by the Commission before they are used 
to calculate the quarterly contribution factors and individual 
contributions. For each quarter, the High Cost and Low Income Committee 
or the permanent Administrator once the permanent administrator is 
chosen and the Schools and Libraries and Rural Health Care Corporations 
must submit their projections of demand for the high cost and low-income 
programs, the schools and libraries program, and rural health care 
program, respectively, and the basis for those projections, to the 
Commission and the Common Carrier Bureau at least 60 calendar days prior 
to the start of that quarter. For each quarter, the Administrator and 
the Schools and Libraries and Rural Health Care Corporations must submit 
their projections of administrative expenses for the high cost and low-
income programs, the schools and libraries program and the rural health 
care program, respectively, and the basis for those projections to the 
Commission and the Common Carrier Bureau at least 60 calendar days prior 
to the start of that quarter. The projections of demand and 
administrative expenses and the contribution factors shall be announced 
by the Commission in a Public Notice published in the Federal Register 
and shall be made available on the Commission's website. The Commission 
reserves the right to set projections of demand and administrative 
expenses at amounts that the Commission determines will serve the public 
interest at any time within the 14-day period following publication of 
the Commission's Public Notice. If the Commission takes no action within 
14 days of the date of the Public Notice announcing the projections of 
demand and administrative expenses, the projections of demand and 
administrative expenses, and contribution factors shall be deemed 
approved by the Commission. Once the projections are approved, the 
Administrator shall apply the quarterly contribution factors to 
determine individual contributions.
    (4) The Administrator shall bill contributors and collect 
contributions on a quarterly basis.
    (b) If the contributions received by the Administrator in a quarter 
exceed the amount of universal service support program contributions and 
administrative costs for that quarter, the excess payments will be 
carried forward to the following quarter. The contribution factors for 
the following quarter will take into consideration the projected costs 
of the support mechanisms for that quarter and the excess contributions 
carried over from the previous quarter.
    (c) If the contributions received by the Administrator in a quarter 
are inadequate to meet the amount of universal service support program 
payments and administrative costs for that quarter, the Administrator 
shall request authority from the Commission to borrow funds 
commercially, with such debt secured by future contributions. Subsequent 
contribution factors will take into consideration the projected costs of 
the support mechanisms and the additional costs associated with 
borrowing funds.
    (d) If a contributor fails to file a Universal Service Worksheet by 
the date on which it is due, the Administrator shall bill that 
contributor based on whatever relevant data the Administrator has 
available, including, but not limited to, the number of lines 
presubscribed to the contributor and data from previous years, taking 
into consideration any estimated changes in such data.

[62 FR 41305, Aug. 1, 1997]



Sec. 54.711  Contributor reporting requirements.

    (a) Contributions shall be calculated and filed in accordance with 
the Universal Service Worksheet. The Universal Service Worksheet sets 
forth information that the contributor must submit to the Administrator 
on a semi-annual basis. The Commission shall announce by Public Notice 
published in

[[Page 96]]

the Federal Register and on its website the manner of payment and dates 
by which payments must be made. An officer of the contributor must 
certify to the truth and accuracy of the Universal Service Worksheet, 
and the Commission or the Administrator may verify any information 
contained in the Universal Service Worksheet at the discretion of the 
Commission. Inaccurate or untruthful information contained in the 
Universal Service Worksheet may lead to prosecution under the criminal 
provisions of Title 18 of the United States Code. The Administrator 
shall advise the Commission of any enforcement issues that arise and 
provide any suggested response.
    (b) The Commission shall have access to all data reported to the 
Administrator, Rural Health Care Corporation, and Schools and Libraries 
Corporation. Contributors may make requests for Commission nondisclosure 
of company-specific information under Sec. 0.459 of this chapter at the 
time that the subject data are submitted to the Administrator. The 
Commission shall make all decisions regarding nondisclosure of company-
specific information. The Administrator, Rural Health Care Corporation, 
and Schools and Libraries Corporation shall keep confidential all data 
obtained from contributors, shall not use such data except for purposes 
of administering the universal service support programs, and shall not 
disclose such data in company-specific form unless directed to do so by 
the Commission.
    (c) The Bureau may waive, reduce, or eliminate contributor reporting 
requirements that prove unnecessary and require additional reporting 
requirements that the Bureau deems necessary to the sound and efficient 
administration of the universal service support mechanisms.

[62 FR 41305, Aug. 1, 1997]



Sec. 54.713  Contributors' failure to report or to contribute.

    A contributor that fails to file a Universal Service Worksheet and 
subsequently is billed by the Administrator shall pay the amount for 
which it is billed. The Administrator may bill a contributor a separate 
assessment for reasonable costs incurred because of that contributor's 
filing of an untruthful or inaccurate Universal Service Worksheet, 
failure to file the Universal Service Worksheet, or late payment of 
contributions. Failure to file the Universal Service Worksheet or to 
submit required quarterly contributions may subject the contributor to 
the enforcement provisions of the Act and any other applicable law. The 
Administrator shall advise the Commission of any enforcement issues that 
arise and provide any suggested response. Once a contributor complies 
with the Universal Service Worksheet filing requirements, the 
Administrator may refund any overpayments made by the contributor, less 
any fees, interest, or costs.

[62 FR 41306, Aug. 1, 1997]



Sec. 54.715  Administrator's functions.

    The Administrator shall have the same functions as the independent 
subsidiary set out in Sec. 69.616 of this chapter.

[62 FR 41306, Aug. 1, 1997]



PART 59--INFRASTRUCTURE SHARING--Table of Contents




Sec.
59.1  General duty.
59.2  Terms and conditions of infrastructure sharing.
59.3  Information concerning deployment of new services and equipment.
59.4  Definition of ``qualifying carrier''.

    Authority:  47 U.S.C. 154(i), 154(j), 201-205, 259, 303(r), 403.

    Source: 62 FR 9713, Mar. 4, 1997, unless otherwise noted.



Sec. 59.1  General duty.

    Incumbent local exchange carriers (as defined in 47 U.S.C. section 
251(h)) shall make available to any qualifying carrier such public 
switched network infrastructure, technology, information, and 
telecommunications facilities and functions as may be requested by such 
qualifying carrier for the purpose of enabling such qualifying carrier 
to provide telecommunications services, or to provide access to 
information services, in the service area in which such qualifying 
carrier has obtained

[[Page 97]]

designation as an eligible telecommunications carrier under section 
214(e) of 47 U.S.C.



Sec. 59.2  Terms and conditions of infrastructure sharing.

    (a) An incumbent local exchange carrier subject to the requirements 
of section 59.1 shall not be required to take any action that is 
economically unreasonable or that is contrary to the public interest.
    (b) An incumbent local exchange carrier subject to the requirements 
of section 59.1 may, but shall not be required to, enter into joint 
ownership or operation of public switched network infrastructure, 
technology, information and telecommunications facilities and functions 
and services with a qualifying carrier as a method of fulfilling its 
obligations under section 59.1.
    (c) An incumbent local exchange carrier subject to the requirements 
of section 59.1 shall not be treated by the Commission or any State as a 
common carrier for hire or as offering common carrier services with 
respect to any public switched network infrastructure, technology, 
information, or telecommunications facilities, or functions made 
available to a qualifying carrier in accordance with regulations issued 
pursuant to this section.
    (d) An incumbent local exchange carrier subject to the requirements 
of section 59.1 shall make such public switched network infrastructure, 
technology, information, and telecommunications facilities, or functions 
available to a qualifying carrier on just and reasonable terms and 
pursuant to conditions that permit such qualifying carrier to fully 
benefit from the economies of scale and scope of such local exchange 
carrier. An incumbent local exchange carrier that has entered into an 
infrastructure sharing agreement pursuant to section 59.1 must give 
notice to the qualifying carrier at least sixty days before terminating 
such infrastructure sharing agreement.
    (e) An incumbent local exchange carrier subject to the requirements 
of section 59.1 shall not be required to engage in any infrastructure 
sharing agreement for any services or access which are to be provided or 
offered to consumers by the qualifying carrier in such local exchange 
carrier's telephone exchange area.
    (f) An incumbent local exchange carrier subject to the requirements 
of section 59.1 shall file with the State, or, if the State has made no 
provision to accept such filings, with the Commission, for public 
inspection, any tariffs, contracts, or other arrangements showing the 
rates, terms, and conditions under which such carrier is making 
available public switched network infrastructure, technology, 
information and telecommunications facilities and functions pursuant to 
this part.



Sec. 59.3  Information concerning deployment of new services and equipment.

    An incumbent local exchange carrier subject to the requirements of 
section 59.1 that has entered into an infrastructure sharing agreement 
under section 59.1 shall provide to each party to such agreement timely 
information on the planned deployment of telecommunications services and 
equipment, including any software or upgrades of software integral to 
the use or operation of such telecommunications equipment.



Sec. 59.4  Definition of ``qualifying carrier''.

    For purposes of this part, the term ``qualifying carrier'' means a 
telecommunications carrier that:
    (a) Lacks economies of scale or scope; and
    (b) Offers telephone exchange service, exchange access, and any 
other service that is included in universal service, to all consumers 
without preference throughout the service area for which such carrier 
has been designated as an eligible telecommunications carrier under 
section 214(e) of 47 U.S.C.



PART 61--TARIFFS--Table of Contents




Sec.
61.1  Purpose and application.
61.2  Clear and explicit explanatory statements.

                               Definitions

61.3  Definitions.
61.11--61.19  [Reserved]

[[Page 98]]

                              GENERAL RULES

    General Rules for Domestic and International Nondominant Carriers

61.20  Detariffing of interstate, domestic, interexchange services.
61.21  Method of filing publications.
61.22  Cover letters.

   Specific Rules for Domestic and International Nondominant Carriers

61.23  Composition of tariffs.
61.24  Notice requirements.
61.32  Method of filing publications.
61.33  Letters of transmittal.
61.35  Delivered free of charges.
61.36  Tariff publications not returned.
61.38  Supporting information to be submitted with letters of 
          transmittal.
61.39  Optional supporting information to be submitted with letters of 
          transmittal for Access Tariff filings effective on or after 
          April 1, 1989, by local exchange carriers serving 50,000 or 
          fewer access lines in a given study area that are described as 
          subset 3 carriers in Sec. 69.602.
61.40  Private line rate structure guidelines.
61.41  Price cap requirements generally.
61.42  Price cap baskets and service categories.
61.43  Annual price cap filings required.
61.44  Adjustments to the PCI for Dominant Interexchange Carriers.
61.45  Adjustments to the PCI for Local Exchange Carriers.
61.46  Adjustments to the API.
61.47  Adjustments to the SBI; pricing bands.
61.48  Transition rules for price cap formula calculations.
61.49  Supporting information to be submitted with letters of 
          transmittal for tariffs of carriers subject to price cap 
          regulation.
61.50  Scope: Optional incentive regulation for rate of return local 
          exchange carriers.

                 Specific Rules for Tariff Publications

61.51  LEC tariff filings requirements pursuant to section 204(a)(3) of 
          the Communications Act.
61.52  Form, size, type, legibility, etc.
61.53  Consecutive numbering.
61.54  Composition of tariffs.
61.55  Contract-based tariffs.
61.56  Supplements.
61.57  Cancellations.
61.58  Notice requirements.
61.59  Effective period required before changes.
61.67  New or discontinued telephone and teletypewriter service points; 
          mileages.
61.68  Special notations.
61.69  Rejection.
61.71  Reissued matter.
61.72  Posting.
61.73  Duplication of rates or regulations.
61.74  References to other instruments.

                              Concurrences

61.131  Scope.
61.132  Method of filing concurrences.
61.133  Format of concurrences.
61.134  Concurrences for through services.
61.135  Concurrences for other purposes.
61.136  Revocation of concurrences.

                   Applications for Special Permission

61.151  Scope.
61.152  Terms of applications and grants.
61.153  Method of filing applications.

     Adoption of Tariffs and Other Documents of Predecessor Carriers

61.171  Adoption notice.
61.172  Changes to be incorporated in tariffs of successor carrier.

                               Suspensions

61.191  Carrier to file supplement when notified of suspension.
61.192  Contents of supplement announcing suspension.
61.193  Vacation of suspension order; supplements announcing same; etc.

    Authority:  Secs. 1, 4(i), 4(j), 201-205, and 403 of the 
Communications Act of 1934, as amended; 47 U.S.C. 151, 154(i), 154(j), 
201-205, and 403, unless otherwise noted.

    Source:  49 FR 40869, Oct. 18, 1984, unless otherwise noted.



Sec. 61.1  Purpose and application.

    (a) The purpose of this part is to prescribe the framework for the 
initial establishment of and subsequent revisions to tariff 
publications.
    (b) Tariff publications filed with the Commission must conform to 
the rules in this part. Failure to comply with any provisions of this 
part may be grounds for rejection of the non-complying publication.
    (c) No carrier required to file tariffs may provide any interstate 
or foreign communication service until every tariff publication for such 
communication service is on file with the Commission and in effect.



Sec. 61.2  Clear and explicit explanatory statements.

    In order to remove all doubt as to their proper application, all 
tariff publications must contain clean and explicit explanatory 
statements regarding the rates and regulations.

[[Page 99]]

                               Definitions



Sec. 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 
Sec. 61.46.
    (c) Association. This term has the meaning given it in Sec. 69.2(d).
    (d) Band. A zone of pricing flexibility for a service category, 
which zone is calculated pursuant to Sec. 61.47.
    (e) Base period. For carriers subject to Secs. 61.41--61.49, the 12-
month period ending six months prior to the effective date of annual 
price cap tariffs, or for carriers regulated under Sec. 61.50, the 24-
month period ending six months prior to the effective date of biennial 
optional incentive plan tariffs. Base year or base period earnings shall 
not include amounts associated with exogenous adjustments to the PCI for 
the sharing or lower formula adjustment mechanisms.
    (f) Basket. Any class or category of tariffed service or charge:
    (1) Which is established by the Commission pursuant to price cap 
regulation;
    (2) The rates of which are reflected in an Actual Price Index; and
    (3) The related costs of which are reflected in a Price Cap Index.
    (g) Change in rate structure. A restructuring or other alternation 
of the rate components for an existing service.
    (h) Charges. The price for service based on tariffed rates.
    (i) Commercial contractor. The commercial firm to whom the 
Commission annually awards a contract to make copies of Commission 
records for sale to the public.
    (j) Commission. The Federal Communications Commission.
    (k) 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 an issuing carrier or carriers.
    (l) 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.
    (m) Contract-based tariff. A tariff based on a service contract 
entered into between an interexchange carrier subject to Sec. 61.42 (a) 
through (c) or a nondominant carrier and a customer.
    (n) Corrections. The remedy of errors in typing, spelling, or 
punctuations.
    (o) Dominant carrier. A carrier found by the Commission to have 
market power (i.e., power to control prices).
    (p) GDP Price Index (GDP-PI). The estimate of the ``Fixed Weight 
Price Index for Gross Domestic Product, 1987 Weights'' published by the 
United States Department of Commerce, which the Commission designates by 
Order.
    (q) 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 
Order.
    (r) Issuing carrier. A carrier subject to the Act that publishes and 
files a tariff or tariffs with the Commission.
    (s) 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.
    (t) 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.
    (u) Non-dominant carrier. A carrier not found to be dominant.
    (v) 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 
subject carrier.
    (w) Price Cap Index (PCI). An index of costs applying to carriers 
subject to price cap regulation, which index is calculated for each 
basket pursuant to Sec. 61.44 or 61.45.
    (x) Price cap regulation. A method of regulation of dominant 
carriers provided in Secs. 61.41 through 61.49.

[[Page 100]]

    (y) Price cap tariff. Any tariff filing involving a service that is 
within a price cap basket, or that requires calculations pursuant to 
Sec. 61.44, 61.45, 61.46, or 61.47.
    (z) Productivity factor. An adjustment factor used to make annual 
adjustments to the Price Cap Index to reflect the margin by which a 
carrier subject to price cap regulation is expected to improve its 
productivity relative to the economy as a whole.
    (aa) Rate. The tariffed price per unit of service.
    (bb) Rate increase. Any change in a tariff which results in an 
increased rate or charge to any of the filing carrier's customers.
    (cc) 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.
    (dd) Regulations. The body of carrier prescribed rules in a tariff 
governing the offering of service in that tariff, including rules, 
practices, classifications, and definitions.
    (ee) 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.
    (ff) Service Band Index (SBI). An index of the level of aggregate 
rate element rates in a service category, which index is calculated 
pursuant to Sec. 61.47.
    (gg) Service category. Any group of rate elements subject to price 
cap regulation, which group is subject to a band.
    (hh) Supplement. A publication filed as part of a tariff for the 
purpose of suspending or cancelling that tariff, or tariff publication 
and numbered independently from the tariff page series.
    (ii) Tariff. Schedules of rates and regulations filed by common 
carriers.
    (jj) 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 carriers.
    (kk) 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.
    (ll) Text change. A change in the text of a tariff which does not 
result in a change in any rate or regulation.
    (mm) United States. The several States and Territories, the District 
of Columbia, and the possessions of the United States.

[54 FR 19840, May 8, 1989, as amended at 55 FR 42382, Oct. 19, 1990; 56 
FR 55239, Oct. 25, 1991; 58 FR 36147, July 6, 1993; 59 FR 10301, Mar. 4, 
1994; 60 FR 19527, Apr. 19, 1995; 60 FR 20052, Apr. 24, 1995; 61 FR 
59366, Nov. 22, 1996; 62 FR 5777, Feb. 7, 1997; 62 FR 31930, June 11, 
1997]

    Effective Date Note: At 62 FR 31930, June 11, 1997, Sec. 61.3 was 
amended by revising the introductory text of paragraph (f), effective 
Jan. 1, 1998. For the convenience of the user, the superseded text is 
set forth as follows:

Sec. 61.3  Definitions.

                                * * * * *

    (f) Basket. Any class or category of tariffed services:

                                * * * * *



Sec. 61.11--61.19  [Reserved]

                              GENERAL RULES

    General Rules for Domestic and International Nondominant Carriers



Sec. 61.20  Detariffing of interstate, domestic, interexchange services.

    Except as otherwise provided by Commission order, carriers that are 
nondominant in the provision of interstate, domestic, interexchange 
services shall not file tariffs for such services.

[61 FR 59366, Nov. 22, 1996]



Sec. 61.21  Method of filing publications.

    (a) Publications sent for filing must be addressed to ''Secretary, 
Federal Communications Commission, Washington, DC 20554.`` The date on 
which the publication is received by the Secretary of the Commission (or 
the Mail Room where submitted by mail) is considered the official filing 
date.
    (b)(1) In addition, for all tariff publications requiring fees as 
set forth in

[[Page 101]]

part 1, subpart G of this chapter, issuing carriers must submit the 
original of the cover letter (without attachments), FCC Form 159, and 
the appropriate fee to the Mellon Bank, Pittsburgh, PA at the address 
set forth in Sec. 1.1105 of this chapter. Issuing carriers should submit 
these fee materials on the same date as the submission in paragraph (a) 
of this section.
    (2) International carriers must certify in their original cover 
letter that they are authorized under Section 214 of the Communications 
Act of 1934, as amended, to provide service, and reference the FCC file 
number of that authorization.
    (c) In addition to the requirements set forth in paragraphs (a) and 
(b) of this section, the issuing carrier must send a copy of the cover 
letter with one diskette containing both the complete tariff and any 
attachments, as appropriate, to the Secretary, Federal Communications 
Commission. In addition, the issuing carrier must send one diskette of 
the complete tariff and a copy of the cover letter to the commercial 
contractor (at its office on Commission premises), and to the Chief, 
Tariff Review Branch. The latter should be clearly labeled as the 
``Public Reference Copy.'' The issuing carrier should file the copies 
required by this paragraph so they will be received on the same date as 
the filings in paragraph (a) of this section.

[58 FR 44460, Aug. 23, 1993, as amended at 61 FR 15726, Apr. 9, 1996. 
Redesignated at 61 FR 59366, Nov. 22, 1996]



Sec. 61.22  Cover letters.

    (a)(1) Except as specified in Sec. 61.32(b), all publications filed 
with the Commission must be accompanied by a cover letter, 8.5 by 11 
inches (21.6 cm x 27.9 cm) in size. All cover letters should briefly 
explain the nature of the filing and indicate the date and method of 
filing of the original cover letter, as required by Sec. 61.20(b)(1).
    (2) International carriers must certify that they are authorized 
under Section 214 of the Communications Act of 1934, as amended, to 
provide service, and reference the FCC file number of that 
authorization.
    (b) A separate cover letter may accompany each publication, or an 
issuing carrier may file as many publications as desired with one cover 
letter.

    Note:  If a receipt for accompanying publication is desired, the 
cover letter must be sent in duplicate. One copy showing the date of the 
receipt by the Commission will then be returned to the sender.


[58 FR 44460, Aug. 23, 1993, as amended at 61 FR 15726, Apr. 9, 1996. 
Redesignated at 61 FR 59366, Nov. 22, 1996]

   Specific Rules for Domestic and International Nondominant Carriers



Sec. 61.23  Composition of tariffs.

    (a) The tariff must be submitted on a 3\1/2\ inch (8.89 cm) 
diskette, formatted in an IBM compatible form using MS DOS 5.0 and 
WordPerfect 5.1 software. The diskette must be submitted in ``read 
only'' mode. The diskette must be clearly labelled with the carrier's 
name, Tariff Number, and the date of submission. The cover letter must 
be submitted on 8\1/2\ by 11 inch (21.6 cm x 27.9 cm) paper, and must be 
plainly printed in black ink.
    (b) The tariff must contain the carrier's name, the international 
Section 214 authorization FCC file number (when applicable), and the 
information required by Section 203 of the Act.
    (c) Changes to a tariff must be made by refiling the entire tariff 
on a new diskette, with the changed material included. The carrier must 
indicate in the tariff what changes have been made.
    (d) Domestic and international nondominant carriers subject to the 
provisions of this section are not subject to the tariff filing 
requirements of Sec. 61.54.

[58 FR 44460, Aug. 23, 1993; 58 FR 48323, Sept. 15, 1993, as amended at 
61 FR 15727, Apr. 9, 1996. Redesignated at 61 FR 59366, Nov. 22, 1996]



Sec. 61.24  Notice requirements.

    (a) Every proposed tariff filing must bear an effective date and, 
except as otherwise provided by regulation, special permission, or 
Commission order, must be made on at least the number of days notice 
specified in this section.
    (b) Notice is accomplished by filing the proposed tariff changes 
with the Commission. Any period of notice specified in this section 
begins on and includes the date the tariff is received by

[[Page 102]]

the Commission, but does not include the effective date. In computing 
the notice period required, all days including Sundays and holidays must 
be counted.
    (c) Tariff filings of domestic and international non-dominant 
carriers must be made on at least one-day notice.

[58 FR 44460, Aug. 23, 1993, as amended at 61 FR 15727, Apr. 9, 1996. 
Redesignated at 61 FR 59366, Nov. 22, 1996]



Sec. 61.32  Method of filing publications.

    (a) Publications sent for filing must be addressed to ``Secretary, 
Federal Communications Commission, Washington, DC 20554.'' The date on 
which the publication is received by the Secretary of the Commission (or 
the Mail Room where submitted by mail) is considered the official filing 
date.
    (b) In addition, for all tariff publications requiring fees as set 
forth in part 1, subpart G of this chapter, issuing carriers must submit 
the original of the transmittal letter (without attachments), FCC Form 
155, and the appropriate fee to the Mellon Bank, Pittsburgh, PA, at the 
address set forth in Sec. 1.1105. Issuing carriers should submit these 
fee materials on the same date as the submission in paragraph (a).
    (c) In addition to the requirements set forth in paragraphs (a) and 
(b) of this section, the issuing carrier must send a copy of the 
transmittal letter with two copies of the proposed tariff pages and all 
attachments, including the supporting information specified in 
Sec. 61.38 or Sec. 61.49, as appropriate, to the Secretary, Federal 
Communications Commission. In addition, the issuing carrier must send a 
copy of the publication, supporting information specified in Sec. 61.38 
or Sec. 61.49, as appropriate, and transmittal letter to the commercial 
contractor (at its office on Commission premises), and to the Chief, 
Tariff Review Branch. The latter should be clearly labeled as the 
``Public Reference Copy.'' The copies of supporting information required 
here are in addition to those required by Sec. 61.38(c). The issuing 
carrier must file the copies required by this paragraph so they will be 
received on the same date as the filings in paragraph (a).

[55 FR 19173, May 8, 1990]



Sec. 61.33  Letters of transmittal.

    (a) Except as specified in Sec. 61.32(b), all publications filed 
with the Commission must be accompanied by a letter of transmittal, A4 
(21 cm x 29.7 cm) or 8.5 x 11 inches (21.6 cm x 27.9 cm) in size. All 
letters of transmittal must (1) concisely explain the nature and purpose 
of the filing; (2) specify whether supporting information under 
Sec. 61.38 is required; (3) state whether copies have been delivered to 
the Commercial Contractor and Chief, Tariff Review Branch as required by 
Sec. 61.32, and (4) contain a statement indicating the date and method 
of filing of the original of the transmittal letter as required by 
Sec. 61.32(b), and the date and method of filing the copies as required 
by Sec. 61.32 (a) and (c).
    (b) In addition to the requirements set forth in paragraph (a) of 
this section, any local exchange carrier choosing to file an Access 
Tariff under Sec. 61.39 must include in the transmittal:
    (1) A summary of the filing's basic rates, terms and conditions;
    (2) A statement concerning whether any prior Commission facility 
authorization necessary to the implementation of the tariff has been 
obtained; and
    (3) A statement that the filing is made pursuant to Sec. 61.39.
    (c) In addition to the requirements set forth in paragraph (a) of 
this section, any carrier filing a price cap tariff must include in the 
letter of transmittal a statement that the filing is made pursuant to 
Sec. 61.49.
    (d) Tariffs filed pursuant to section 204(a)(3) of the 
Communications Act shall display prominently in the upper right hand 
corner of the letter of transmittal a statement that the filing is made 
pursuant to that section and whether it is being filed on 7- or 15-days' 
notice.
    (e) In addition to the requirements set forth in paragraph (a) of 
this section, any carrier filing a new or revised tariff made on 15 
days' notice or less shall include in the letter of transmittal, the 
name, room number, street address, telephone number, and facsimile

[[Page 103]]

number of the individual designated by the filing carrier to receive 
personal or facsimile service of petitions against the filing as 
required under Sec. 1.773(a)(4) of this chapter.
    (f) In addition to the requirements set forth in paragraphs (a), 
(b), and (c) of this section, the letter of transmittal must 
specifically reference by number any special permission necessary to 
implement the tariff publication. Special permission must be granted 
prior to the filing of the tariff publication, and may not be requested 
in the transmittal letter.
    (g) The letter of transmittal must be substantially in the following 
format.

 (Exact name of carrier in full)________________________________________
 (Post Office Address)__________________________________________________
 ______________, 19____.________________________________________________

 (Date)_________________________________________________________________
Transmittal No.________
Secretary,
Federal Communications Commission
Washington, DC 20554

    Attention: Common Carrier Bureau.

    The accompanying tariff (or other publication) issued by 
________________, and bearing FCC No. ________, effective 
______________, 19____, is sent to you for filing in compliance with the 
requirements of the Communications Act of 1934, as amended. (Here give 
the additional information required.)

 (Name of issuing officer or agent)_____________________________________

 (Title)________________________________________________________________

    (h)(1) A separate letter of transmittal may accompany each 
publication, or the above format may be modified to provide for filing 
as many publications as desired with one transmittal letter.
    (2) For contract-based tariffs defined in Sec. 61.3(m), a separate 
letter of transmittal must accompany each tariff filed. The transmittals 
must be numbered in a series separate from transmittals for non-contract 
tariff filing. Numbers must appear on the face of the transmittal and be 
in the form of ``CTT No. ________'', using CTT as an abbreviation for 
contract-based tariff transmittals. Contract-based tariffs must also be 
numbered in a series separate from non-contract-based tariffs. Numbers 
must be in the form of ``CT No. ________'', using CT as an abbreviation 
for contract-based tariffs. Each contract-based tariff must be assigned 
a separate number. Transmittals and tariffs subject to this paragraph 
shall be filed beginning with the number ``1'' and shall be numbered 
consecutively.

    Note:  If a receipt for accompanying publication is desired, the 
letter of transmittal must be sent in duplicate. One copy showing the 
date of receipt by the Commission will then be returned to the sender.


[55 FR 19173, May 8, 1990, as amended by 56 FR 55239, Oct. 25, 1991; 58 
FR 17530, Apr. 5, 1993; 58 FR 44906, Aug. 25, 1993; 62 FR 5777, Feb. 7, 
1997]



Sec. 61.35  Delivered free of charges.

    Tariff publications must be delivered to the Commission free from 
all charges, including claims for postage.



Sec. 61.36  Tariff publications not returned.

    Tariff publications will not be returned.



Sec. 61.38  Supporting information to be submitted with letters of transmittal.

    (a) Scope. This section applies to dominant carriers whose gross 
annual revenue exceed $500,000 for the most recent 12 month period of 
operations or are estimated to exceed $500,000 for a representative 12 
month period. Local exchange carriers serving 50,000 or fewer access 
lines in a given study area that are described as subset 3 carriers in 
Sec. 69.602 of this chapter may submit Access Tariff filings for that 
study area pursuant to either this section or Sec. 61.39. However, the 
Commission may require any carrier to submit such information as may be 
necessary for a review of a tariff filing. This section (other than the 
preceding sentence of this paragraph) shall not apply to tariff filings 
proposing rates for services identified in Sec. 61.42 (a), (b), (d), 
(e), and (g), promotional offerings that relate to services subject to 
price cap regulation, tariff filings proposing rates for services 
identified in Sec. 61.50, or to tariff filings, other than promotional 
filings, filed on 14 days' notice pursuant to Sec. 61.58(c)(6).
    (b) Explanation and data supporting either changes or new tariff 
offerings. The material to be submitted for a tariff change which 
affects rates or charges or for a tariff offering a new service, must 
include an explanation of the changed or new matter, the reasons for

[[Page 104]]

the filing, the basis of ratemaking employed, and economic information 
to support the changed or new matter.
    (1) For a tariff change the carrier must submit the following, 
including complete explanations of the bases for the estimates.
    (i) A cost of service study for all elements for the most recent 12 
month period;
    (ii) A study containing a projection of costs for a representative 
12 month period;
    (iii) Estimates of the effect of the changed matter on the traffic 
and revenues from the service to which the changed matter applies, the 
carrier's other service classifications, and the carrier's overall 
traffic and revenues. These estimates must include the projected effects 
on the traffic and revenues for the same representative 12 month period 
used in (ii) above.
    (2) For a tariff filing offering a new service, the carrier must 
submit the following, including complete explanations of the bases for 
the estimates.
    (i) A study containing a projection of costs for a representative 12 
month period; and
    (ii) Estimates of the effect of the new matter on the traffic and 
revenues from the service to which the new matter applies, the carrier's 
other service classifications, and the carrier's overall traffic and 
revenues. These estimates must include the projected effects on the 
traffic and revenues for the same representative 12 month period used in 
paragraph (b)(2)(i) of this section.
    (3) For a tariff filing that introduces or changes a contribution 
charge for special access and expanded interconnection, as defined in 
Sec. 69.122 of this chapter, the carrier must submit information 
sufficient to establish that the charge has been calculated in a manner 
that complies with the Commission order authorizing the contribution 
charge.
    (4) For a tariff that introduces a system of density pricing zones, 
as described in Sec. 69.123 of this chapter, the carrier must, before 
filing its tariff, submit a density pricing zone plan including, inter 
alia, documentation sufficient to establish that the system of zones 
reasonably reflects cost-related characteristics, such as the density of 
total interstate traffic in central offices located in the respective 
zones, and receive approval of its proposed plan.
    (c) Working papers and statistical data. (1) Concurrently with the 
filing of any tariff change or tariff filing for a service not 
previously offered, the Chief, Tariff Review Branch must be provided two 
sets of working papers containing the information underlying the data 
supplied in response to paragraph (b) of this section, and a clear 
explanation of how the working papers relate to that information.
    (2) All statistical studies must be submitted and supported in the 
form prescribed in Sec. 1.363 of the Commission's Rules.
    (d) Form and content of additional material to be submitted with 
certain rate increases. In the circumstances set out in paragraphs 
(d)(1) and (2) of this section, the filing carrier must submit all 
additional cost, marketing and other data underlying the working papers 
to justify a proposed rate increase. The carrier must submit this 
information in suitable form to serve as the carrier's direct case in 
the event the rate increase is set by the Commission for investigation.
    (1) Rate increases affecting single services or tariffed items.
    (i) A rate increase in any service or tariffed item which results in 
more than $1 million in additional annual revenues, calculated on the 
basis of existing quantities in service, without regard to the 
percentage increase in such revenues; or
    (ii) A single rate increase in any service or tariffed item, or 
successive rate increases in the same service or tariffed item within a 
12 month period, either of which results in:
    (A) At least a 10 percent increase in annual revenues from that 
service or tariffed item, and
    (B) At least $100,000 in additional annual revenues, both calculated 
on the basis of existing quantities in service.
    (2) Rate increases affecting more than one service or tariffed item.
    (i) A general rate increase in more than one service or tariffed 
item occurring at one time, which results in more than $1 million in 
additional revenues

[[Page 105]]

calculated on the basis of existing quantities in service, without 
regard to the percentage increase in such revenues; or
    (ii) A general rate increase in more than one service or tariffed 
item occurring at one time, or successive general rate increases in the 
same services or tariffed items occurring within a 12 month period, 
either of which results in:
    (A) At least a 10 percent increase in annual revenues from those 
services or tariffed items, and
    (B) At least $100,000 in additional annual revenues, both calculated 
on the basis of existing quantities in service.
    (e) Submission of explanation and data by connecting carriers. If 
the changed or new matter is being filed by the issuing carrier at the 
request of a connecting carrier, the connecting carrier must provide the 
data required by paragraphs (b) and (c) of this section on the date the 
issuing carrier files the tariff matter with the Commission.
    (f) Copies of explanation and data to customers. Concurrently with 
the filing of any rate for special construction (or special assembly 
equipment and arrangements) developed on the basis of estimated costs, 
the offering carrier must transmit to the customer a copy of the 
explanation and data required by paragraphs (b) and (c) of this section.

[49 FR 40869, Oct. 18, 1984, as amended at 53 FR 36289, Sept. 19, 1988; 
54 FR 19841, May 8, 1989; 55 FR 42382, Oct. 19, 1990; 56 FR 55239, Oct. 
25, 1991; 57 FR 54330, Nov. 18, 1992; 58 FR 36147, July 6, 1993; 58 FR 
48762, Sept. 17, 1993]



Sec. 61.39  Optional supporting information to be submitted with letters of transmittal for Access Tariff filings effective on or after April 1, 1989, by local 

          exchange carriers serving 50,000 or fewer access lines in a 
          given study area that are described as subset 3 carriers in 
          Sec. 69.602.

    (a) Scope. This section provides for an optional method of filing 
for any local exchange carrier that is described as subset 3 carrier in 
Sec. 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 
Sec. 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 proposing rates for 
services identified in Sec. 61.42 (d), (e) and (g), which filings are 
submitted by carriers subject to price cap regulation, or to tariff 
filings proposing rates for services identified in Sec. 61.50, which 
filings are submitted by carriers subject to optional incentive 
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 Sec. 61.33. 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 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 local exchange carrier that is a cost 
schedule carrier must propose Tariff 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 local exchange 
carrier's last annual filing, with related demand for the same period.
    (2) For a tariff change, the local exchange company that is an 
average schedule carrier must propose Traffic Sensitive rates based on 
the following:
    (i) For the first period, the 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

[[Page 106]]

participate, based upon the most recent average schedule formulas 
approved by the Commission.
    (3) For a tariff change, the 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:
[GRAPHIC] [TIFF OMITTED] TR06JN97.008

where:
[GRAPHIC] [TIFF OMITTED] TR06JN97.009

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:
[GRAPHIC] [TIFF OMITTED] TR06JN97.010

Where:
[GRAPHIC] [TIFF OMITTED] TR06JN97.011

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 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 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:
[GRAPHIC] [TIFF OMITTED] TR06JN97.012

Where:
[GRAPHIC] [TIFF OMITTED] TR06JN97.013

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:
[GRAPHIC] [TIFF OMITTED] TR06JN97.014

Where:

[[Page 107]]

[GRAPHIC] [TIFF OMITTED] TR06JN97.015


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 local exchange carrier must provide supporting 
information for the two-year historical period with its letter of 
transmittal in accordance with Sec. 61.38.
    (c) Maximum allowable rate of return. Local exchange carriers filing 
tariffs under this section are not required to comply with Secs. 65.700 
through 65.701, inclusive, of the Commission's Rules, 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 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 regulated 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 regulated local 
exchange carrier; and
    (2) Data to establish compliance with this subsection 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.

[52 FR 26682, July 16, 1987, as amended at 53 FR 36289, Sept. 19, 1988; 
55 FR 42382, Oct. 19, 1990; 58 FR 36147, July 6, 1993; 62 FR 31004, June 
6, 1997]



Sec. 61.40  Private line rate structure guidelines.

    (a) The Commission uses a variety of tools to determine whether a 
carrier's private line tariffs are just, reasonable, and 
nondiscriminatory. The carrier's burden of cost justification can be 
reduced when its private line rate structures comply with the following 
five guidelines.
    (1) Rate structures for the same or comparable services should be 
integrated;
    (2) Rate structures for the same or comparable services should be 
consistent with one another;
    (3) Rate elements should be selected to reflect market demand, 
pricing convenience for the carrier and customers, and cost 
characteristics; a rate element which appears separately in one rate 
structure should appear separately in all other rate structures;
    (4) Rate elements should be consistently defined with respect to 
underlying service functions and should be consistently employed through 
all rate structures; and
    (5) Rate structures should be simple and easy to understand.
    (b) The guidelines do not preclude a carrier, in a given case when a 
private line tariff does not comply with these guidelines, from 
justifying its departure from the guidelines and showing that its tariff 
is just, reasonable, and nondiscriminatory.



Sec. 61.41  Price cap requirements generally.

    (a) Sections 61.42 through 61.49 shall apply as follows:

[[Page 108]]

    (1) To dominant interexchange carriers, as specified by Commission 
order;
    (2) To such local exchange carriers as specified by Commission 
order, and to all local exchange carriers, other than average schedule 
companies, that are affiliated with such carriers; and
    (3) On an elective basis, to local exchange carriers, other than 
those specified in paragraph (a)(2) of this section, that are neither 
participants in any Association tariff, nor affiliated with any such 
participants, except that affiliation with average schedule companies 
shall not bar a carrier from electing price cap regulation provided the 
carrier is otherwise eligible.
    (b) If a telephone company, or any one of a group of affiliated 
telephone companies, files a price cap tariff in one study area, that 
telephone company and its affiliates, except its average schedule 
affiliates, must file price cap tariffs in all their study areas.
    (c) The following rules apply to telephone companies subject to 
price cap regulation, as that term is defined in Sec. 61.3(w), which are 
involved in mergers, acquisitions, or similar transactions.
    (1) Any telephone company subject to price cap regulation that is a 
party to a merger, acquisition, or similar transaction shall continue to 
be subject to price cap regulation notwithstanding such transaction.
    (2) Where a telephone company subject to price cap regulation 
acquires, is acquired by, merges with, or otherwise becomes affiliated 
with a telephone company that is not subject to price cap regulation, 
the latter telephone company shall become subject to price cap 
regulation no later than one year following the effective date of such 
merger, acquisition, or similar transaction and shall accordingly file 
price cap tariffs to be effective no later than that date in accordance 
with the applicable provisions of this part 61.
    (3) Notwithstanding the provisions of Sec. 61.41(c)(2) above, when a 
telephone company subject to price cap regulation acquires, is acquired 
by, merges with, or otherwise becomes affiliated with a telephone 
company that qualifies as an `average schedule' company, the latter 
company may retain its `average schedule' status or become subject to 
price cap regulation in accordance with Sec. 69.3(i)(3) and the 
requirements referenced in that section.
    (d) Local exchange carriers that become subject to price cap 
regulation as that term is defined in Sec. 61.3(w) of this chapter shall 
not be eligible to withdraw from such regulation.

[55 FR 42382, Oct. 19, 1990; 55 FR 50558, Dec. 7, 1990, as amended at 56 
FR 55239, Oct. 25, 1991]



Sec. 61.42  Price cap baskets and service categories.

    (a) Each dominant interexchange carrier subject to price cap 
regulation shall establish three baskets as follows:
    (1) A residential services basket;
    (2) An 800 service basket; and
    (3) A business services basket.
    (b)(1) The residential basket shall contain such services as the 
Commission shall permit or require, including the following service 
categories:
    (i) Domestic day MTS;
    (ii) Domestic evening MTS;
    (iii) Domestic night/weekend MTS;
    (iv) International MTS;
    (v) Operator and credit card services; and
    (vi) Reach Out America.
    (2) The 800 service basket shall contain 800 Directory Assistance.
    (3) The business services basket shall contain analog private lines, 
including analog voice grade private line, unless provided under 
contract to a government entity, and terrestrial television transmission 
service.
    (c) Dominant interexchange carriers subject to price cap regulations 
shall exclude the following offerings from their price cap baskets:
    (1) Special construction services relating to services in Sec. 61.42 
(b)(1), (b)(2), and (b)(3);
    (2) All other special construction services;
    (3) American Telephone and Telegraph Company Tariff F.C.C. No. 11 
services;
    (4) American Telephone and Telegraph Company Tariff F.C.C. No. 12 
services;
    (5) American Telephone and Telegraph Company Tariff F.C.C. No. 16 
services;
    (6) Services subject to below-the-line accounting;

[[Page 109]]

    (7) International private line and record carrier services;
    (8) Contract-based tariffs;
    (9) Services removed from price cap regulation pursuant to the 
Report and Order in Docket No. 90-132;
    (10)  [Reserved]
    (11) All other promotional offerings;
    (12) Custom tariff services;
    (13) Readyline 800 service;
    (14) AT&T 800 service;
    (15) Megacom 800 service;
    (16) Other 800 services; and
    (17) Commercial services.
    (18) Such other services as the Commission may specify.
    (d) Each local exchange carrier subject to price cap regulation 
shall establish baskets of services as follows:
    (1) A basket for the common line interstate access elements as 
described in Secs. 69.115, 69.152, 69.154, and 69.157 of this chapter, 
and that portion of the interstate access element described in 
Sec. 69.153 of this chapter that recovers common line interstate access 
revenues;
    (2) A basket for traffic sensitive switched interstate access 
elements;
    (3) A basket for trunking services as described in Secs. 69.110, 
69.111, 69.112, 69.114, 69.125(b), and 69.155 of this chapter, and that 
portion of the interstate access element described in Sec. 69.153 of 
this chapter that recovers residual interconnection charge revenues;
    (4) To the extent that a local exchange carrier specified in 
Sec. 61.41(a) (2) or (3) offers interstate interexchange services that 
are not classified as access services for the purpose of part 69 of this 
chapter, such exchange carrier shall establish a fourth basket for such 
services.
    (5) To the extent that a local exchange carrier specified in 
Sec. 61.41(a) (2) or (3) offers interstate video dialtone services, a 
basket for basic video dialtone services as described in Sec. 63.54 of 
this chapter.
    (6) A basket for the marketing expenses described in Sec. 69.156 of 
this chapter, including those recovered through End User Common Line 
charges and Presubscribed Interexchange Carrier charges.
    (e)(1) The traffice sensitive switched interstate access basket 
shall contain such services as the Commission shall permit or require, 
including the following service categories:
    (i) Local switching as described in Sec. 69.106(f) of this chapter;
    (ii) Information, as described in Sec. 69.109 of this chapter;
    (iii) Data base access services;
    (iv) Billing name and address, as described in Sec. 69.128 of this 
chapter;
    (v) Local switching trunk ports, as described in Sec. 69.106(f)(1) 
of this chapter; and
    (vi) Signalling transfer point port termination, as described in 
Sec. 69.125(c) of this chapter.
    (2) The trunking basket shall contain such transport and special 
access services as the Commission shall permit or require, including the 
following service categories and subcategories:
    (i) Voice grade entrance facilities, voice grade direct-trunked 
transport, voice grade dedicated signalling transport, voice grade 
special access, WATS special access, metallic special access, and 
telegraph special access services;
    (ii) Audio and video services;
    (iii) High capacity flat-rated transport, high capacity special 
access, and DDS services, including the following service subcategories:
    (A) DS1 entrance facilities, DS1 direct-trunked transport, DS1 
dedicated signalling transport, and DS1 special access services; and
    (B) DS3 entrance facilities, DS3 direct-trunked transport, DS3 
dedicated signalling transport, and DS3 special access services;
    (iv) Wideband data and wideband analog services;
    (v) Tandem-switched transport, as described in Sec. 69.111 of this 
chapter; and
    (vi) Interconnection charge, as recovered in Secs. 69.153 and 69.155 
of this chapter.
    (vii) Signalling for tandem switching, as described in Sec. 69.129 
of this chapter.
    (f) Each local exchange carrier subject to price cap regulation 
shall exclude from its price cap baskets such services or portions of 
such services as the Commission has designated or may hereafter 
designate by order.
    (g) New services, other than those within the scope of paragraphs 
(c) and (f) of this section, must be included in the affected basket at 
the first annual

[[Page 110]]

price cap tariff filing following completion of the base period in which 
they are introduced. To the extent that such new services are permitted 
or required to be included in new or existing service categories within 
the assigned basket, they shall be so included at the first annual price 
cap tariff filing following completion of the base period in which they 
are introduced.

[54 FR 19842, May 8, 1989, as amended at 55 FR 42382, Oct. 19, 1990; 55 
FR 50558, Dec. 7, 1990; 56 FR 5956, Feb. 14, 1991; 56 FR 55239, Oct. 25, 
1991; 57 FR 54718, Nov. 20, 1992; 58 FR 7868, Feb. 10, 1993; 58 FR 
29552, May 21, 1993; 58 FR 31914, June 7, 1993; 58 FR 36145, July 6, 
1993; 59 FR 10301, Mar. 4, 1994; 59 FR 32930, June 27, 1994; 60 FR 4569, 
Jan. 24, 1995; 60 FR 13639, Mar. 14, 1995; 60 FR 52346, Oct. 6, 1995; 62 
FR 31930, June 11, 1997]

    Effective Date Note: At 62 FR 31930, June 11, 1997, Sec. 61.42 was 
amended by revising paragraphs (d)(1), (d)(2), and (d)(3), adding 
paragraph (d)(6), and revising paragraphs (e)(1) and (e)(2)(vi), 
effective Jan. 1, 1998. For the convenience of the user, the superseded 
text is set forth as follows:

Sec. 61.42  Price cap baskets and service categories.

                                * * * * *

    (d)* * *
    (1) A basket for the common line interstate access elements as 
described in Secs. 69.103, 69.104, 69.105, and 69.115 of this chapter;
    (2) A basket for traffic sensitive switched interstate access 
elements;
    (3) A basket for trunkin services as described in Secs. 69.110, 
69.111, 69.112, 69.114, 69.124, and 69.125 of this chapter;

                                * * * * *

    (e)(1) The traffic sensitive switched interstate access basket shall 
contain such services as the Commission shall require, including the 
following service categories:

                                * * * * *

    (vi) Interconnection charge, as described in Sec. 69.124 of this 
chapter.

                                * * * * *



Sec. 61.43  Annual price cap filings required.

    Carriers subject to price cap regulation shall submit annual price 
cap tariff filings that propose rates for the upcoming year, that make 
appropriate adjustments to their PCI, API, and SBI values pursuant to 
Secs. 61.44 through 61.47, and that incorporate the costs and rates of 
new services into the PCI, API, or SBI calculations pursuant to 
Secs. 61.44(g), 61.45(g), 61.46(b), and 61.47 (b) and (c). Carriers may 
propose rate or other tariff changes more often than annually, 
consistent with the requirements of Sec. 61.59.

[54 FR 19842, May 8, 1989, as amended at 55 FR 42383, Oct. 19, 1990]



Sec. 61.44  Adjustments to the PCI for Dominant Interexchange Carriers.

    (a) Dominant interexchange carriers subject to price cap regulation 
shall file adjustments to the PCI for each basket as part of the annual 
price cap tariff filing, and shall maintain updated PCIs to reflect the 
effect of mid-year access and exogenous cost changes.
    (b) Subject to paragraph (d) of this section, adjustments to each 
PCI of dominant interexchange carriers subject to price cap regulation 
shall be made pursuant to the following formula:

PCIt=PCIt-1[1+w(GNP-PI-X)+ Y/R+ 
          Z/R]

where
GNP-PI=the percentage change in the GNP-PI between the quarter ending 
          six months prior to the effective date of the new annual 
          tariff and the corresponding quarter of the previous year,
X=productivity factor of 3.0%,
 Y=(new access rate--access rate at the time the PCI was 
          updated to PCIt-1)  x  (base period demand),
 Z=the dollar effect of current regulatory changes when 
          compared to the regulations in effect at the time the PCI was 
          updated to PCIt-1, measured at base period level of 
          operations,
R=base period quantities for each rate element ``i'', multiplied by the 
          price for each rate element ``i'' at the time the PCI was 
          updated to PCIt-1,
w=R - (access rate in effect at the time the PCI was updated to 
          PCIt-1  x  base period demand) +  Z, all 
          divided by R,
PCIt=the new PCI value, and
PCIt-1=the immediately preceding PCI value.

    (c) The exogenous cost changes represented by the term `` 
Z'' in the formula detailed in paragraph (b) of this section, shall be 
limited to those cost

[[Page 111]]

changes that the Commission shall permit or require, and include those 
caused by:
    (1) The completion of the amortization of depreciation reserve 
deficiencies;
    (2) Changes in the Uniform System of Accounts;
    (3) Changes in the Separations Manual;
    (4) The reallocation of investment from regulated to nonregulated 
activities pursuant to Sec. 64.901; and
    (5) Such tax law changes and other extraordinary exogenous cost 
changes as the Commission shall permit or require.

These exogenous cost changes shall be apportioned on a cost-causative 
basis between price cap services as a group, and excluded services as a 
group. Exogenous cost changes thus attributed to price cap services 
shall be further apportioned on a cost-causative basis among price cap 
baskets.

    (d) In calculating the `` Y'' variable in the formula 
detailed in paragraph (b) of this section:
    (1) The net change in total non-traffic sensitive access costs for 
all capped services (in all baskets), calculated at base period demand, 
shall be allocated among the baskets in proportion to each basket's 
share of total base period non-traffic sensitive minutes of access (both 
originating and terminating);
    (2) The net change in total traffic sensitive access costs for all 
capped services (in all baskets), calculated at base period demand, 
shall be allocated among the baskets in proportion to each basket's 
share of total base period traffic sensitive minutes of access; and
    (3) Changes in special access costs in each basket, calculated at 
base period demand, shall be assigned directly to the baskets in which 
such costs are incurred.
    (e) In calculating the ``w'' variable in the formula detailed in 
paragraph (b) of this section, the access costs that must be subtracted 
from the ``R'' variable shall be apportioned among the baskets in a 
manner that is consistent with the methodology provided in paragraph (d) 
of this section for calculating the `` Y'' in each basket.
    (f) The ``w(GNP-PI - X)'' component of the PCI formula shall be 
employed only in the adjustment made in connection with the annual price 
cap filing.
    (g) The exogenous cost changes and changes in access costs caused by 
new services subject to price cap regulation must be included in the 
appropriate PCI calculations under paragraph (b) of this section 
beginning at the first annual price cap tariff filing following 
completion of the base period in which they are introduced.
    (h) In the event that a price cap tariff becomes effective, which 
tariff results in an API value (calculated pursuant to Sec. 61.46) that 
exceeds the currently applicable PCI value, the PCI value shall be 
adjusted upward to equal the API value.

[54 FR 19842, May 8, 1989, as amended at 55 FR 42383, Oct. 19, 1990]



Sec. 61.45  Adjustments to the PCI for Local Exchange Carriers.

    (a) Local exchange carriers subject to price cap regulation shall 
file adjustments to the PCI for each basket as part of the annual price 
cap tariff filing, and shall maintain updated PCIs to reflect the effect 
of mid-year exogenous cost changes.
    (b) Adjustments to local exchange carrier PCIs for the baskets 
designated in Sec. 61.42(d) (2), (3), (4), (5), and (6) shall be made 
pursuant to the formula set forth in Sec. 61.44(b), and as further 
explained in Sec. 61.44 (e), (f), (g), and (h).
    (1) Notwithstanding the value of X defined in Sec. 61.44(b), the X 
value applicable to the baskets specified in Sec. 61.42(d) (2), (3), and 
(6) shall be 6.5%.
    (2) For the basket specified in Sec. 61.42(d)(4), the value of X, 
for all local exchange carriers subject to price cap regulation, shall 
be 3.0%.
    (3) Notwithstanding the value of X defined in Sec. 61.44(b), the 
value of X applicable to the basket specified in Sec. 61.42(d)(5) shall 
be 0%.
    (c)(1) Subject to paragraphs (c)(2) and (e) of this section, 
adjustments to local exchange carrier PCIs for the basket designated in 
Sec. 61.42(d)(1) shall be made pursuant to the following formula:

PCI1=PCIt-1[1+w[(GDP-PI-X-(g/2))/(1+(g/
2))]+ Z/R]
where

[[Page 112]]

GDP-PI=the percentage change in the GDP-PI between the quarter ending 
six months prior to the effective date of the new annual tariff and the 
corresponding quarter of the previous year,
X=productivity factor of 6.5%,
g=the ratio of minutes of use per access line during the base period, to 
minutes of use per access line during the previous base period, minus 1,
 Z=the dollar effect of current regulatory changes when 
compared to the regulations in effect at the time the PCI was updated to 
PCIt-1, measured at base period level of operations,
R=base period quantities for each rate element ``i'', multiplied by the 
price for each rate element ``i'' at the time the PCI was updated to 
PCIt-1,
w=R+ Z, all divided by R,
PCIt=the new PCI value, and
PCIt-1=the immediately preceding PCI value.

    (2) The formula set forth in paragraph (c)(1) of this section shall 
be used by a local exchange carrier subject to price cap regulation only 
if that carrier is imposing a carrier common line charge pursuant to 
Sec. 69.154 of this chapter. Otherwise, adjustments to local exchange 
carrier PCIs for the basket designated in Sec. 61.42(d)(1) shall be made 
pursuant to the formula set forth in Sec. 61.44(b), and paragraphs (i) 
and (j) of this section, and as further explained in Sec. 7thnsp;61.44 
(e), (f), (g), and (h). For the purposes of this paragraph, and 
notwithstanding the value of X defined in Sec. 61.44(b), the X value 
applicable to the basket specified in Sec. 7thnsp;61.42(d)(1), shall be 
6.5%.
    (d) The exogenous cost changes represented by the term `` 
Z'' in the formula detailed in paragraphs (b) and (c) of this section 
shall be limited to those cost changes that the Commission shall permit 
or require by rule, rule waiver, or declaratory ruling.
    (1) Subject to further order of the Commission, those exogenous 
changes shall include cost changes caused by:
    (i) The completion of the amortization of depreciation reserve 
deficiencies;
    (ii) Such changes in the Uniform System of Accounts, including 
changes in the Uniform System of Accounts requirements made pursuant to 
Sec. 32.16 of this chapter, as the Commission shall permit or require be 
treated as exogenous by rule, rule waiver, or declaratory ruling.
    (iii) Changes in the Separations Manual;
    (iv) Changes to the level of obligation associated with the Long 
Term Support Fund and the Transitional Support Fund described in 
Sec. 69.612;
    (v) The reallocation of investment from regulated to nonregulated 
activities pursuant to Sec. 64.901;
    (vi) Such tax law changes and other extraordinary cost changes as 
the Commission shall permit or require be treated as exogenous by rule, 
rule waiver, or declaratory ruling.
    (vii) Retargeting the PCI to the level specified by the Commission 
for carriers whose base year earnings are below the level of the lower 
adjustment mark.
    (viii) Inside wire amortizations.
    (ix) The completion of amortization of equal access expenses.
    (2)(i) Local exchange carriers specified in Sec. 61.41 (a)(2) or 
(a)(3) shall also make such temporary exogenous cost changes as may be 
necessary to reduce PCIs to give full effect to any sharing of base 
period earnings required by the sharing mechanism set forth in the 
Commission's Second Report and Order in Common carrier Docket No. 87-
313, FCC 90-314, adopted September 19, 1990. Such exogenous cost changes 
shall include interest, computed at the prescribed rate of return, from 
the day after the end of the period giving rise to the adjustment, to 
the midpoint of the period when the adjustment is in effect.
    (ii) Local exchange carriers specified in Sec. 61.41(a)(2) or (a)(3) 
shall not be subject to the sharing mechanism set forth in the 
Commission's Second Report and Order in Common Carrier Docket No. 87-
313, FCC 90-314, adopted September 19, 1990, with respect to earnings 
accruing on or after July 1, 1997/ This paragraph has no effect on any 
sharing obligation of any local exchange carrier relating to earnings 
accrued before July 1, 1997.
    (3) Local exchange carriers specified in Sec. 61.41 (a)(2) or (a)(3) 
of this part

[[Page 113]]

shall, in their annual access tariff filing, recognize all exogenous 
cost changes attributable to modifications during the coming tariff year 
in the obligations specified in Sec. 61.45(d)(1)(iv) as well as those 
changes attributable to alterations in their Subscriber Plant Factor and 
the Dial Equipment Minutes factor, and completions of inside wire 
amortizations and reserve deficiency amortizations.
    (4) Exogenous cost changes shall be apportioned on a cost-causative 
basis between price cap services as a group, and excluded services as a 
group. Exogenous cost changes thus attributed to price cap services 
shall be further apportioned on a cost-causative basis among the price 
cap baskets.
    (e) The ``w[(GDP-PI-X-[g/2))/(1+(g/2))]'' component of the PCI 
formula contained in paragraph (c) of this section shall be employed 
only in the adjustment made in connection with the annual price cap 
filing.
    (f) The exogenous costs caused by new services subject to price cap 
regulation must be included in the appropriate PCI calculations under 
paragraph (c) of this section beginning at the first annual price cap 
tariff filing following completion of the base period in which such 
services are introduced.
    (g) In the event that a price cap tariff becomes effective, which 
tariff results in an API value (calculated pursuant to Sec. 61.46) that 
exceeds the currently applicable PCI value, the PCI value shall be 
adjusted upward to equal the API value.
    (h) [Reserved]
    (i)(1) Notwithstanding the provisions of paragraphs (b) and (c) of 
this section, and subject to the limitations of paragraph (j) of this 
section, price cap local exchange carriers that are recovering 
interconnection charge revenues through per-minute rates pursuant to 
Sec. 69.124 or Sec. 69.155 of this chapter shall targt, to the extent 
necessary to eliminate the recovery of any residual interconnection 
charge revenues through per-minute rates, any PCI reductions associated 
with the baskets designated in Sec. 61.42(d) (1) and (2) that result 
from the application of the formula in Sec. 61.45(c) and, pursuant to 
Sec. 61.45(b), application of the formula in Sec. 61.44(b) as further 
explained in Sec. 61.44 (e), (f), (g), and (h), to the PCI for the 
basket designated in Sec. 61.42(d)(3), with no adjustment being made to 
the PCIs for the baskets designated in Sec. 61.42(d) (1) and (2) as a 
result of the application of the formulas in Secs.  61.44(b) and 
61.45(c). These reductions are to be made after the adjustment is made 
to the PCI for the basket designated in Sec. 61.42(d)(3) resulting from 
the application of the formula in Sec. 61.44(b), as further explained in 
Sec. 61.44 (e), (f), (g), and (h).
    (2) Notwithstanding the provisions of paragraph (b) of this section, 
and subject to the limitations of paragraph (j) of this section, price 
cap local exchange carriers that are recovering interconnection charge 
revenues through per-minute rates pursuant to Sec. 69.155 of this 
chapter shall target, to the extent necessary to eliminate the recovery 
of any residual interconnection charge revenues through per-minute 
rates, any PCI reduction associated with the basket designated in 
Sec. 61.42(d)(6) that result from the application, pursuant to 
Sec. 61.45(b), of the formula in Sec. 61.44(b), as further explained in 
Sec. 61.44 (e), (f), (g), and (h), to the PCI for the basket designated 
in Sec. 61.42(d)(3), with no adjustment being made to the PCIs for the 
basket designated in Sec. 61.42(d)(6) as a result of the application of 
the formula in Sec. 61.44(b). This reduction it to be made after any 
adjustment made pursuant to paragraph (i)(1) of this section.
    (3) Through December 31, 1997, the reduction in the PCI for the 
basket designated in Sec. 61.42(d)(3) that results from paragraph (i)(1) 
of this section shall be determined by diciding the sum of the dollar 
effects of the PCI reductions that would have applied to the baskets 
designated in Sec. 61.42(d)(1) and (d)(2) except for the provisions of 
paragraph (i)(1) of this section by the dollar amount associated with 
the PCI for the basket designated in Sec. 61.42(d)(3), and multiplying 
the PCI for the basket designated in Sec. 61.42(d)(3) by one minus the 
resulting ratio.
    (4) Effective January 1, 1998, the reduction in the PCI for the 
basket designated in Sec. 61.42(d)(3) that results from paragraphs 
(i)(1) and (i)(2) of this section shall be determined by dividing the 
sum of the dollar effects of the PCI

[[Page 114]]

reductions that would have been applied to the baskets designated in 
Sec. 61.42(d)(1), (d)(2), and (d)(6), except for the provisions of 
paragraphs (i)(1) and (i)(2) of this section, by the dollar amount 
associated with the PCI for the basket designated in Sec. 61.42(d)(3), 
and multiplying the PCI for the basket designated in Sec. 61.42(d)(3) by 
one minus the resulting ratio.
    (j) In determining the extent of the targeting that shall occur 
pursuant to paragraphs (i)(1) and (i)(1) of this section, local exchange 
carriers shall (1) compute their anticipated residual interconnection 
charge amount by excluding revenues that are expected to be reallocated 
to cost-causative facilities-based charges in the future. To determine 
interconnection charge amounts so excluded in connection with the July 
1, 1997 tariff filings, the following local exchange carriers shall use 
as an estimate of the residual interconnection charge revenues the 
specified residual interconnection charge percentage: NYNEX, 77.63 
percent; BellSouth, 56.93 persent; U S West, 59.14 percent; Bell 
Atlantic, 63.96 percent; Southwestern Bell Telephone, 69.11 percent; and 
Pacific Bell and Nevada Bell, 53.52 percent. Each remaining price cap 
local exchange carrier shall estimate a residual interconnection charge 
in an amount equal to 55 percent of its current interconnection charge 
revenues. For subsequent tariff filings in which the PCI reductions are 
to be targeted to the interconnection charge, these initial estimates 
shall be adjusted to reflect the actual amounts that have or will be 
reallocated. If the use of these estimates results in more PCI 
reductions being targeted to the interconnection charge that required to 
eliminate the per-minute interconnection charge, the local exchange 
carrier shall make the necessary exogenous adjustments to reverse the 
effects of the access targeting,
    (2) Not include the amount of any exogenous adjustments reflected in 
the z component of the formulas in Secs. 61.44(b) and 61.45(c). Any such 
exogenous adjustments shall be reflected in the various PCIs and SIBs in 
the same manner as they would if there were no targeting.
    (k) The calculation of the PCI for the basket designated in 
Sec. 61.42(d)(3) shall include any residual interconnection charge 
revenues recovered pursuant to Secs. 69.153 and 69.155 of this chapter.
    (l) The calculation of the PCI for the basket designated in 
Sec. 61.42(d)(6) shall include any marketing expense revenues recovered 
pursuant to Secs. 69.153 and 69.156 of this chapter.

[55 FR 42383, Oct. 19, 1990; 55 FR 50558, Dec. 7, 1990, as amended at 56 
FR 21617, May 10, 1991; 58 FR 36148, July 6, 1993; 60 FR 19527, Apr. 19, 
1995; 60 FR 52346, Oct. 6, 1995; 62 FR 31930, 31941, June 11, 1997; 62 
FR 40460, July 29, 1997]



Sec. 61.46  Adjustments to the API.

    (a) Except as provided in paragraphs (d) and (e) of this section, in 
connection with any price cap tariff filing proposing rate changes, the 
carrier must calculate an API for each affected basket pursuant to the 
following methodology:

APIt = APIt-1 [i vi 
          (Pt/Pt-1)i]
where
APIt = the proposed API value,
APIt-1 = the existing API value,
Pt = the proposed price for rate element ``i,''
Pt-1 = the existing price for rate element ``i,'' and
vi = the current estimated revenue weight for rate element 
          ``i,'' calculated as the ratio of the base period demand for 
          the rate element ``i'' priced at the existing rate, to the 
          base period demand for the entire basket of services priced at 
          existing rates.

    (b) New services subject to price cap regulation must be included in 
the appropriate API calculations under paragraph (a) of this section 
beginning at the first annual price cap tariff filing following 
completion of the base period in which they are introduced. This index 
adjustment requires that the demand for the new service during the base 
period must be included in determining the weights used in calculating 
the API.
    (c) Any price cap tariff filing proposing rate restructuring shall 
require an adjustment to the API pursuant to the general methodology 
described in paragraph (a) of this section. This adjustment requires the 
conversion of existing rates into rates of equivalent value under the 
proposed structure, and then the comparison of the existing rates

[[Page 115]]

that have been converted to reflect restructuring to the proposed 
restructured rates. This calculation may require use of carrier data and 
estimation techniques to assign customers of the preexisting service to 
those services (including the new restructured service) that will remain 
or become available after restructuring.
    (d)(1) Subject to paragraph (d)(2) of this section, and in 
connection with any price cap tariff proposing changes to rates for 
services in the basket designated in Sec. 61.42(d)(1), the maximum 
allowable carrier common line (CCL) charges shall be computed pursuant 
to the following methodology:

CCLMOU=CLMOU * (1+ % change in CL 
          PCI)-(EUCLMOU+PICCMOU)* 1/(1+(g/2))

Where:

CCLMOU=the sum of each of the proposed Carrier Common Line 
          rates multiplied by its corresponding base period Carrier 
          Common Line minutes of use, divided by the sum of all types of 
          base period Carrier Common Line minutes of use,
CLMOU=the sum of each of the existing maximum allowable 
          Carrier Common Line rates multiplied by its corresponding base 
          period Carrier Common Line minutes of use, plus each existing 
          maximum allowable End User Common Line (EUCL) rate multiplied 
          by its corresponding base period lines, plus the common line 
          portion of each existing maximum allowable Presubscribed 
          Interexchange Carrier Charge (PICC) multiplied by its 
          corresponding base period lines, divided by the sum of all 
          types of base period Carrier Common Line minutes of use,
EUCLMOU= maximum allowable End User Common Line rates 
          multiplied by base period lines, and divided by the sum of all 
          types of base period Carrier Common Line minutes of use,
PICCMOU= the common line portion of maximum allowable 
          Presubscribed Interexchange Carrier charge rates multiplied by 
          base period lines, and divided by the sum of all types of base 
          period Carrier Common Line minutes of use, and
g= the ratio of minutes of use per access line during the base period to 
          minutes of use per access line during the previous base 
          period, minus 1.

    (2) The formula set forth in paragraph (d)(1) of this section shall 
be used by a local exchange carrier subject to price cap regulation only 
if that carrier is imposing a per-minute carrier common line charge 
pursuant to Sec. 69.154 of this chapter. Otherwise, adjustments to local 
exchange carrier APIs for the basket designated in Sec. 61.42(d)(1) 
shall be made pursuant to the formula set forth in paragraph (a) of this 
section.
    (e)(1) In addition, for the purposes of paragraph (d) of this 
section, ``Existing Carrier Common Line Rates'' shall include existing 
originating premium, originating non-premium, terminating premium and 
terminating non-premium rates; and ``End User Common Line Rates'' used 
to calculate the CLMOU and the EUCLMOU factors 
shall include, but not be limited to, Residential and Single Line 
Business rates, Centrex rates, and the Special Access surcharge.
    (2) For purposes of paragraph (d) of this section, ``each existing 
Presubscribed Interexchange Carrier Charge'' shall include all the 
charges specified in Sec. 69.153 of this chapter.
    (f) The ``1/(1+(g/2)'' component of the CCLMOU formula 
contained in paragraph (d) shall be employed only in the adjustment made 
in connection with the annual price cap filing.
    (g) The calculation of the API for the basket designated in 
Sec. 61.42(d)(3) shall include any residual interconnection charge 
revenues recovered pursuant to Secs. 69.153 and 69.155 of this chapter.
    (h) The calculation of the API for the basket designated in 
Sec. 61.42(d)(6) shall include any marketing expense revenues recovered 
pursuant to Secs. 69.153 and 69.156 of this chapter.

[54 FR 19843, May 8, 1989, as amended at 55 FR 42383, Oct. 19, 1990; 55 
FR 50558, Dec. 7, 1990; 62 FR 31931, June 11, 1997]

    Effective Date Note: At 62 FR 31931, June 11, 1997, Sec. 61.46 was 
amended by revising paragraphs (d) and (e) and by adding paragraphs (g) 
and (h), effective Jan. 1, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

Sec. 61.46  Adjustments to the API.

                                * * * * *

    (d) In connection with any price cap tariff proposing changes to 
rates for services in the basket designated in Sec. 61.42(d)(1), the 
maximum allowable carrier common line (CCL) charges shall be computed 
pursuant to the following methodology:

CCLMOU= CLMOU* (1+% change in CL 
PCI)-EUCLMOU* 1/ (1+(g/2))


[[Page 116]]



where
CCLMOU= The sum of each of the proposed Carrier Common Line 
rates multiplied by its corresponding base period Carrier Common Line 
minutes of use, divided by the sum of all types of base period Carrier 
Common Line minutes of use,
CLMOU= The sum of each of the existing maximum allowable 
Carrier Common Line rates multiplied by its corresponding base period 
Carrier Common Line minutes of use plus each existing End User Common 
Line (EUCL) rate multiplied by its corresponding base period lines, 
divided by the sum of all types of base period Carrier Common Line 
minutes of use,
EUCLMOU= Proposed End User Line rates multiplied by base 
period lines and divided by the sum of all types of base period Carrier 
Common Line minutes of use, and
g= The ratio of minutes of use per access line during the base period to 
minutes of use per access line during the previous base period, minus 1.

    (e) In addition, for the purposes of Sec. 61.46(d), ``Existing 
Carrier Common Line Rates'' shall include existing originating premium, 
originating non-premium, terminating premium, and terminating non-
premium rates; and ``End User Common Line Rates'' used to calculate the 
CLMOU and the EUCLMOU factors shall include, but 
not be limited to, Residential and Single Line Business rates, Multi-
Line Business rates, Centrex rates, Limited Pay Telephone Rates, and the 
Special Access surcharge.

                                * * * * *



Sec. 61.47  Adjustments to the SBI; pricing bands.

    (a) In connection with any price cap tariff filing proposing changes 
in the rates of service categories or subcategories, the carrier must 
calculate an SBI value for each affected service category or subcategory 
pursuant to the following methodology:

SBIt = SBIt-1[i 
          vi(Pt/Pt-1)i]

where
SBIt = the proposed SBI value,
SBIt-1 = the existing SBI value,
Pt = the proposed price for rate element ``i,''
Pt-1 = the existing price for rate element ``i,'' and
vi = the current estimated revenue weight for rate element 
          ``i,'' calculated as the ratio of the base period demand for 
          the rate element ``i'' priced at the existing rate, to the 
          base period demand for the entire group of rate elements 
          comprising the service category priced at existing rates.

    (b) New services that are added to existing service categories or 
subcategories must be included in the appropriate SBI calculations under 
paragraph (a) of this section beginning at the first annual price cap 
tariff filing following completion of the base period in which they are 
introduced. This index adjustment requires that the demand for the new 
service during the base period must be included in determining the 
weights used in calculating the SBI.
    (c) In the event that the introduction of a new service requires the 
creation of a new service category or subcategory, a new SBI must be 
established for that service category or subcategory beginning at the 
first annual price cap tariff filing following completion of the base 
period in which the new service is introduced. The new SBI should be 
initialized at a value of 100, corresponding to the service category or 
subcategory rates in effect the last day of the base period, and 
thereafter should be adjusted as provided in paragraph (a) of this 
section.
    (d) Any price cap tariff filing proposing rate restructuring shall 
require an adjustment to the affected SBI pursuant to the general 
methodology described in paragraph (a) of this section. This adjustment 
requires the conversion of existing rates in the rate element group into 
rates of equivalent value under the proposed structure, and then the 
comparison of the existing rates that have been converted to reflect 
restructuring to the proposed restructured rates. This calculation may 
require use of carrier data and estimation techniques to assign 
customers of the preexisting service to those services (including the 
new restructured service) that will remain or become available after 
restructuring.
    (e) Pricing bands shall be established each tariff year for each 
service category and subcategory within a basket. Except as provided in 
paragraphs (f), (g), and (h) of this section, each band shall limit the 
pricing flexibility of the service category or subcategory, as reflected 
in the SBI, to an annual increase of five percent, relative to the 
percentage change in the PCI for that basket, measured from the levels 
in effect on the last day of the preceding

[[Page 117]]

tariff year. For local exchange carriers subject to price caps as that 
term is defined in Sec. 61.3(x), there shall be no lower pricing band 
for any service category or subcategory.
    (f) Dominant interexchange carriers. (1) The upper pricing bands for 
the evening MTS and night/weekend MTS service categories shall limit the 
annual upward pricing flexibility for those service categories, as 
reflected in their SBIs, to four percent, relative to the percentage 
change in the PCI for the residential and small business services 
basket, measured from the last day of the preceding tariff year.
    (2) Dominant interexchange carriers subject to price cap regulation 
shall calculate a composite average rate for services contained in the 
residential and small business services basket that are purchased by 
residential customers. Notwithstanding paragraph (f)(1) of this section, 
the annual upward pricing flexibility for this composite average rate 
shall be limited to one percent, relative to the percentage change in 
the PCI for the residential and small business services basket, measured 
from the last day of the preceding tariff year.
    (g)(1) Local Exchange Carriers--Service Categories and 
Subcategories. Local exchange carriers subject to price cap regulation 
as that term is defined in Sec. 61.3(x) shall use the methodology set 
forth in paragraphs (a) through (d) of this section to calculate two 
separate subindexes: One for the DS1 services offered by such carriers 
and the other for the DS3 services offered by such carriers. The annual 
pricing flexibility for each of these two subindexes shall be limited to 
an annual increase of five percent, relative to the percentage change in 
the PCI for the special access services basket, measured from the last 
day of the preceding tariff year. There shall be no lower pricing band 
for these two subindexes.
    (2) The upper pricing band for the tandem-switched transport service 
category shall limit the annual upward pricing flexibility for this 
service category, as reflected in its SBI, to two percent, relative to 
the percentage change in the PCI for the trunking basket, measured from 
the levels in effect on the last day of the preceding tariff year. There 
shall be no lower pricing band for the tandem-switched transport service 
category.
    (3) The upper pricing band for the interconnection charge service 
category shall limit the annual upward pricing flexibility for this 
service category, as reflected in its SBI, to zero percent, relative to 
the percentage change in the PCI for the trunking basket, measured from 
the levels in effect on the last day of the preceding tariff year. There 
shall be no lower pricing band for the interconnection charge.
    (4) Local exchange carriers subject to price cap regulation as that 
term is defined in Sec. 61.3(x) shall use the methodology set forth in 
paragraphs (a) through (d) of this section to calculate a separate 
subindex for the 800 data base vertical features offered by such 
carriers. The annual pricing flexibility for this subindex shall be 
limited to an annual increase of five percent, relative to the 
percentage change in the PCI for the traffic sensitive basket, measured 
from the last day of the preceding tariff year. There shall be no lower 
pricing band for this subindex.
    (5) The upper pricing band for the ``Signalling for tandem 
switching'' service category shall limit the upward pricing flexibility 
for this service category, as reflected in its SBI, to two percent, 
relative to the percentage change in the PCI for the trunking basket, 
measured from the levels in effect on the last day of the preceding 
tariff year. There shall be no lower pricing band for this service 
category.
    (6)[Reserved]
    (7) The initial level of the local switch trunk ports service 
category designated in Sec. 61.42(e)(1)(v) shall be established to 
include those costs identified pursuant to Sec. 69.106(f)(1) of this 
chapter. This level shall be assigned a value of 100, and thereafter 
must be adjusted as provided in paragraph (a) of this section, subject 
to the banding restrictions of paragraph (e) of this section.
    (h) Local exchange carriers--Density pricing zones. (1) In addition 
to the requirements of paragraphs (g)(1) and (g)(2) of this section, 
those local exchange carriers subject to price cap regulation that have 
established density pricing zones pursuant to Sec. 69.123 of

[[Page 118]]

this chapter shall use the methodology set forth in paragraphs (a) 
through (d) of this section to calculate separate subindexes in each 
zone for each of the following groups of services:
    (i) DS1 entrance facilities, DS1 direct-trunked transport, DS1 
dedicated signalling transport, and DS1 special access services;
    (ii) DS3 entrance facilities, DS3 direct-trunked transport, DS3 
dedicated signalling transport, and DS3 special access services;
    (iii) Voice grade entrance facilities, voice grade direct-trunked 
transport, and voice grade dedicated signalling transport, and (if the 
Commission, by order, designates such services as subject to 
competition) voice grade special access;
    (iv) Tandem-switched transport; and
    (v) Such other special access services that the Commission may 
designate by order.
    (2) The annual pricing flexibility for each of the subindexes 
specified in paragraph (h)(1) of this section shall be limited to an 
annual increase of five percent, relative to the percentage change in 
the PCI for the trunking basket, measured from the levels in effect on 
the last day of the preceding tariff year. There shall be no lower 
pricing band for these subindexes.
    (i)(1) Through December 31, 1997, notwithstanding the requirements 
of paragraph (a) of this section, and subject to the limitations of 
Sec. 61.45(j), if a local exchange carrier is recovering interconnection 
charge revenues through per-minute rates pursuant to Sec. 69.124 or 
Sec. 69.155 of this chapter, any reductions to the PCI for the basket 
designated in Sec. 61.42(d)(3) resulting from the application of the 
provisions of Sec. 61.45 (b) and the formula in Sec. 61.44(b) and from 
application of the provisions of Sec. 61.45(i)(1) shall be directed to 
the SBI of the service category designated in Sec. 61.42(e)(2)(vi).
    (2) Effective January 1, 1998, notwithstanding the requirements of 
paragraph (a) of this section and subject to the limitations of 
Sec. 61.45(j), if a local exchange carrier is recovering interconnection 
charge revenues through per-minute rates pursuant to Sec. 69.155 of this 
chapter, any reductions to the PCI for the basket designated in 
Sec. 61.42(d)(3) resulting from the application of the provisions of 
Sec. 61.45(b) and the formula in Sec. 61.44(b) and from the application 
of the provisions of Sec. 61.45 (i)(1), and (i)(2) shall be directed to 
the SBI of the service category designated in Sec. 61.42(e)(2)(vi).
    (3) Through December 31, 1997, the SBI reduction required by 
paragraph (i)(1) of this section shall be determined by dividing the sum 
of the dollar amount of any PCI reduction required by Sec. 61.45(i)(1) 
by the dollar amount associated with the SBI for the service category 
designated in Sec. 61.42(e)(2)(vi), and multiplying the SBI for the 
service category designated in Sec. 61.42(e)(2)(vi) by one minus the 
resulting ratio.
    (4) Effective January 1, 1998, the SBI reduction required by 
paragraph (i)(2) of this section shall be determined by dividing the sum 
of the dollar amount of any PCI reduction required by Sec. 61.45 (i)(1) 
and (i)(2) by the dollar amount associated with the SBI for the service 
category designated in Sec. 61.42(e)(2)(vi), and multiplying the SBI for 
the service category designated in Sec. 61.42(e)(2)(vi) by one minus the 
resulting ratio.
    (j) The calculation of the SBI for the service category designated 
in Sec. 61.42(e)(2)(vi) shall include any residual interconnection 
charge revenues recovered pursuant to Secs. 69.153 and 69.155 of this 
chapter.

[54 FR 19843, May 8, 1989, as amended at 55 FR 42384, Oct. 19, 1990; 56 
FR 55239, Oct. 25, 1991; 57 FR 54331, Nov. 18, 1992; 58 FR 7868, Feb. 
10, 1993; 58 FR 48762, Sept. 17, 1993; 59 FR 10302, Mar. 4, 1994; 59 FR 
32930, June 27, 1994; 60 FR 19528, Apr. 19, 1995; 60 FR 52346, Oct. 6, 
1995; 62 FR 4659, Jan. 31, 1997; 62 FR 31932, June 11, 1997; 62 FR 
40460, July 29, 1997]



Sec. 61.48  Transition rules for price cap formula calculations.

    (a) Dominant interexchange carriers subject to price cap regulation 
shall file initial price cap tariffs May 17, 1989, to be effective July 
1, 1989.
    (b)(1) In connection with the initial price cap tariff filing 
described in paragraph (a) of this section, each PCI, API, and SBI shall 
be assigned an initial value prior to adjustment of 100, corresponding 
to the costs and rates in effect as of December 31, 1988.
    (2) The PCI and API for offerings under Sec. 61.42(b)(3) shall be 
assigned a value equal to 100, corresponding to

[[Page 119]]

rates in effect as of August 1, 1991. Dominant interexchange carriers 
subject to price cap regulation shall file new business basket index 
levels with the first business basket tariff transmittal that is filed 
subsequent to the effective date of this rule.
    (c) Local exchange carriers subject to price cap regulation shall 
file initial price cap tariffs not later than November 1, 1990, to be 
effective January 1, 1991.
    (d)(1) In connection with the initial price cap filing described in 
paragraph (c) of this section, each PCI, API, and SBI shall be assigned 
an initial value prior to adjustment of 100, corresponding to the costs 
and rates in effect as of July 1, 1990.
    (2) Carriers electing price cap regulation under Sec. 61.41(a)(3) of 
this part in a year after 1991 shall file initial price cap tariffs not 
later than April 2 of the year of election, to be effective on July 1 of 
the year of election. Each PCI, API, and SBI shall be assigned an 
initial value prior to adjustment of 100, corresponding to the costs and 
rates in effect as of January 1 of the year of election.
    (e) In connection with the initial price cap filing described in 
paragraph (c) of this section, initial PCI calculations shall be made 
without adjustment for any changes in inflation or productivity. Annual 
price cap filings incorporating the full values of the GNP-PI and 
productivity offsets will commence April 2, 1991, with a scheduled 
effective date of July 1, 1991.
    (f) Local exchange carriers specified in Sec. 61.41(a) (2) or (3) 
shall, in their initial price cap filings described in paragraph (c) of 
this section, adjust their PCIs through use of an exogenous cost factor 
to account for the represcription of the rate of return, effective 
January 1, 1991.
    (g) Local Transport Restructure--Initial Rates. Local exchange 
carriers subject to price cap regulation shall set initial transport 
rates, as defined in Sec. 69.2(tt) of this chapter, according to the 
requirements set forth in Secs. 69.108, 69.110, 69.111, 69.112, 69.124, 
and 69.125 of this chapter.
    (h) Local Transport Restructure--Price Cap Transition Rules--(1) 
Definitions. The following definitions apply for purposes of paragraph 
(h) of this section:
    Effective date is March 4, 1994.
    Initial restructured rates are rates that are (or should have been) 
effective on the transport restructure date;
    Revenue weight of a given group of services included in a basket, 
service category, or subcategory is the ratio of base period demand for 
the given service rate elements included in the basket, service 
category, or subcategory priced at initial restructured rates, to the 
base period demand for the entire group of rate elements comprising the 
basket, service category, or subcategory priced at initial restructured 
rates; and
    Transport restructure date is the date on which local exchange 
carriers' initial transport rates, as defined in Sec. 69.2(tt) of this 
chapter, became effective.
    (2) Trunking Basket PCI and API. (i) On the effective date, the PCI 
value for the trunking basket, as defined in Sec. 61.42(d)(3), shall be 
computed by multiplying the API value for the special access basket on 
the day preceding the transport restructure date, by a weighted average 
of the following:
    (A) The ratio of the PCI value that applied to the special access 
basket on the day preceding the transport restructure date, to the API 
value that applied to the special access basket on the day preceding the 
transport restructure date, weighted by the revenue weight of the 
special access services included in the trunking basket; and
    (B) The ratio of the PCI value that applied to the traffic sensitive 
basket on the day preceding the transport restructure date, to the API 
value that applied to the traffic sensitive basket on the day preceding 
the transport restructure date, weighted by the revenue weight of the 
transport services included in the trunking basket.
    (ii) On the effective date, the API value for the trunking basket 
referred to in Sec. 61.42(e)(2) shall be equal to the API value for the 
special access basket on the day preceding the transport restructure 
date.
    (3) Service Category and Subcategory Pricing Bands for Flat-Rated 
Transport and Special Access. From the effective

[[Page 120]]

date through the end of the tariff year, the following shall govern 
instead of Secs. 61.47(e) and 61.47(g)(1). The pricing bands established 
for the voice grade and high capacity service categories referred to in 
Secs. 61.42(e)(2)(i) and 61.42(e)(2)(iii) and the DS1 and DS3 service 
subcategories referred to in Secs.  61.42(e)(2)(iii)(A) and 
61.42(e)(2)(iii)(B), shall limit the pricing flexibility of the service 
category or subcategory, as reflected in its SBI, as follows:
    (i) The upper pricing band shall be a weighted average of the 
following:
    (A) The upper pricing band that applied to the special access 
services included in the category or subcategory on the day preceding 
the transport restructure date, weighted by the revenue weight of the 
special access services included in the category or subcategory; and
    (B) 1.05 times the SBI value for the special access services 
included in the category or subcategory on the day preceding the 
transport restructure date, weighted by the revenue weight of the 
transport services included in the category or subcategory.
    (ii) The lower pricing band shall be a weighted average of the 
following:
    (A) The lower pricing band that applied to the special access 
services included in the category or subcategory on the day preceding 
the transport restructure date, weighted by the revenue weight of the 
special access services included in the category or subcategory; and
    (B) 0.90 times the SBI value for the special access services 
included in the category or subcategory on the day preceding the 
transport restructure date, weighted by the revenue weight of the 
transport services included in the category or subcategory.
    (iii) On the effective date, the SBI value for the category or 
subcategory shall be equal to the SBI value for the corresponding 
special access category or subcategory on the day preceding the 
effective date.
    (4) Tandem-Switched Transport and Interconnection Charge SBIs. On 
the effective date, the SBIs for the tandem-switched transport and 
interconnection charge service categories defined in Sec. 61.42(e)(2) 
(v) and (vi) shall be assigned an initial value prior to adjustment of 
100, corresponding to the initial restructured rates in those 
categories.
    (5) Tandem-Switched Transport and Interconnection Charge Service 
Category Pricing Bands. From the effective date through the end of the 
tariff year, the following shall govern instead of Sec. 61.47 (g)(2) and 
(g)(3):
    (i) The upper pricing band for the tandem-switched transport service 
category shall limit the upward pricing flexibility for this service 
category, as reflected in its SBI, to two percent, measured from the 
initial restructured rates for tandem-switched transport. The lower 
pricing band for the tandem-switched transport service category shall 
limit the downward pricing flexibility for this service category, as 
reflected in its SBI, to ten percent, measured from the initial 
restructured rates for tandem-switched transport.
    (ii) The upper pricing band for the interconnection charge service 
category shall limit the upward pricing flexibility for this service 
category, as reflected in its SBI, to zero percent, measured from the 
initial restructured rate for the interconnection charge.
    (i) Transport and Special Access Density Pricing Zone Transition 
Rules--(1) Definitions. The following definitions apply for purposes of 
paragraph (i) of this section:
    Earlier date is the earlier of the special access zone date and the 
transport zone date.
    Earlier service is special access if the special access zone date 
precedes the transport zone date, and is transport if the transport zone 
date precedes the special access zone date.
    Later date is the later of the special access zone date and the 
transport zone date.
    Later service is transport if the special access zone date precedes 
the transport zone date, and is special access if the transport zone 
date precedes the special access zone date.
    Revenue weight of a given group of services included in a zone 
category is the ratio of base period demand for the given service rate 
elements included in the category priced at existing rates, to the base 
period demand for the entire group of rate elements comprising the 
category priced at existing rates.

[[Page 121]]

    Special access zone date is the date on which a local exchange 
carrier tariff establishing divergent special access rates in different 
zones, as described in Sec. 69.123(c) of this chapter, becomes 
effective.
    Transport zone date is the date on which a local exchange carrier 
tariff establishing divergent switched transport rates in different 
zones, as described in Sec. 69.123(d) of this chapter, becomes 
effective.
    (2) Simultaneous Introduction of Special Access and Transport Zones. 
Local exchange carriers subject to price cap regulation that have 
established density pricing zones pursuant to Sec. 69.123 of this 
chapter, and whose special access zone date and transport zone date 
occur on the same date, shall initially establish density pricing zone 
SBIs and bands pursuant to the methodology in Sec. 61.47(h).
    (3) Sequential Introduction of Zones in the Same Tariff Year. 
Notwithstanding Sec. 61.47(h), local exchange carriers subject to price 
cap regulation that have established density pricing zones pursuant to 
Sec. 69.123 of this chapter, and whose special access zone date and 
transport zone date occur on different dates during the same tariff 
year, shall, on the earlier date, establish density pricing zone SBIs 
and pricing bands using the methodology described in Sec. 61.47(h), but 
applicable to the earlier service only. On the later date, such carriers 
shall recalculate the SBIs and pricing bands to limit the pricing 
flexibility of the services included in each density pricing zone 
category, as reflected in its SBI, as follows:
    (i) The upper pricing band shall be a weighted average of the 
following:
    (A) The upper pricing band that applied to the earlier services 
included in the zone category on the day preceding the later date, 
weighted by the revenue weight of the earlier services included in the 
zone category; and
    (B) 1.05 times the SBI value for the services included in the zone 
category on the day preceding the later date, weighted by the revenue 
weight of the later services included in the zone category.
    (ii) The lower pricing band shall be a weighted average of the 
following:
    (A) The lower pricing band that applied to the earlier services 
included in the zone category on the day preceding the later date, 
weighted by the revenue weight of the earlier services included in the 
zone category; and
    (B) 0.85 times the SBI value for the services included in the zone 
category on the day preceding the later date, weighted by the revenue 
weight of the later services included in the zone category.
    (iii) On the later date, the SBI value for the zone category shall 
be equal to the SBI value for the category on the day preceding the 
later date.
    (4) Introduction of Zones in Different Tariff Years. Notwithstanding 
Sec. 61.47(h), those local exchange carriers subject to price cap 
regulation that have established density pricing zones pursuant to 
Sec. 69.123 of this chapter, and whose special access zone date and 
transport zone date do not occur within the same tariff year, shall, on 
the earlier date, establish density pricing zone SBIs and pricing bands 
using the methodology described in Sec. 61.47(h), but applicable to the 
earlier service only.
    (i) On the later date, such carriers shall use the methodology set 
forth in paragraphs (a) through (d) of Sec. 61.47 to calculate separate 
SBIs in each zone for each of the following groups of services:
    (A) DS1 special access services;
    (B) DS3 special access services;
    (C) DS1 entrance facilities, DS1 direct-trunked transport, and DS1 
dedicated signalling transport;
    (D) DS3 entrance facilities, DS3 direct-trunked transport, and DS3 
dedicated signalling transport;
    (E) Voice grade entrance facilities, voice grade direct-trunked 
transport, and voice grade dedicated signalling transport;
    (F) Tandem-switched transport; and
    (G) Such other special access services as the Commission may 
designate by order.
    (ii) From the later date through the end of the following tariff 
year, the annual pricing flexibility for each of the subindexes 
specified in paragraph (i)(4)(i) of this section shall be limited to an 
annual increase of five percent or an annual decrease of fifteen 
percent, relative to the percentage change in

[[Page 122]]

the PCI for the trunking basket, measured from the levels in effect on 
the last day of the tariff year preceding the tariff year in which the 
later date occurs.
    (iii) On the first day of the second tariff year following the 
tariff year during which the later date occurs, the local exchange 
carriers to which this paragraph applies shall establish the separate 
subindexes provided in Sec. 61.47(h)(1), and shall set the initial SBIs 
for those density pricing zone categories that are combined (specified 
in paragraphs (i)(4)(i)(A) and (i)(4)(i)(C), (i)(4)(i)(B) and 
(i)(4)(i)(D), and (i)(4)(i)(E) and (i)(4)(i)(G) of this section) by 
computing the weighted averages of the SBIs that applied to the formerly 
separate zone categories, weighted by the revenue weights of the 
respective services included in the zone categories.
    (j) Video Dialtone Services. For local exchange carriers subject to 
price cap regulation, the video dialtone services basket, as designated 
in Sec. 61.42(d)(5), shall be established with an initial PCI and API 
level of 100 in the first annual price cap tariff filing following 
competition of the base period in which the initial video dialtone 
service was introduced. The initial value of 100 for the PCI and API for 
video dialtone service prior to adjustment of inflation and productivity 
shall correspond to the rates in effect just prior to the effective date 
of the annual filing in which rates for video dialtone service are 
initially included in the video dialtone basket.
    (k) Marketing expenses. In the January 1, 1998 price cap tariff 
filing, local exchange carriers shall establish the marketing expense 
basket designated in Sec. 61.42(d)(6) with an initial PCI and API level 
of 100. The initial value of 100 for the PCI and API for marketing 
expenses shall correspond to the marketing expenses described in 
Sec. 69.156(a) of this chapter.

[54 FR 19843, May 8, 1989, as amended at 55 FR 42384, Oct. 19, 1990; 56 
FR 21617, May 10, 1991; 56 FR 55239, Oct. 25, 1991; 59 FR 10302, Mar. 4, 
1994; 60 FR 19528, Apr. 19, 1995; 60 FR 52346, Oct. 6, 1995; 62 FR 
31932, June 11, 1997]

    Effective Date Note: At 62 FR 31932, June 11, 1997, Sec. 61.48 was 
amended by adding paragraph (k), effective Jan. 1, 1998.



Sec. 61.49  Supporting information to be submitted with letters of transmittal for tariffs of carriers subject to price cap regulation.

    (a) Each price cap tariff filing must be accompanied by supporting 
materials sufficient to calculate required adjustments to each PCI, API, 
and SBI pursuant to the methodologies provided in Secs. 61.44, 61.45, 
61.46, and 61.47, as applicable
    (b) Each price cap tariff filing that proposes rates that are within 
applicable bands established pursuant to Sec. 61.47, and that results in 
an API value that is equal to or less than the applicable PCI value, 
must be accompanied by supporting materials sufficient to establish 
compliance with the applicable bands, and to calculate the necessary 
adjustment to the affected APIs and SBIs pursuant to Secs. 61.46 and 
61.47, respectively.
    (c) Each price cap tariff filing that proposes rates above the 
applicable band limits established in Sec. 61.47 (e), (f)(1), (g), and 
(h) or above the limit on composite average residential rates 
established in Sec. 61.47(f)(2), must be accompanied by supporting 
materials establishing substantial cause for the proposed rates.
    (d) Each price cap tariff filing that proposes rates that will 
result in an API value that exceeds the applicable PCI value must be 
accompanied by:
    (1) An explanation of the manner in which all costs have been 
allocated among baskets; and
    (2) Within the affected basket, a cost assignment slowing down to 
the lowest possible level of disaggregation, including a detailed 
explanation of the reasons for the prices of all rate elements to which 
costs are not assigned.
    (e) Each price cap tariff filing that proposes restructuring of 
existing rates must be accompanied by supporting materials sufficient to 
make the adjustments to each affected API and SBI required by 
Secs. 61.46(c) and 61.47(d), respectively.
    (f)(1) Each tariff filing by a dominant interexchange carrier, as 
specified by Commission order, that introduces a new service that will 
later be included in a basket must be accompanied by cost data 
sufficient to establish that the new service, and each unbundled

[[Page 123]]

element thereof, will generate a net revenue increase--measured against 
revenues generated from all services subject to price cap regulation, 
and calculated based upon present value--within the lesser of a 24-month 
period after an annual price cap tariff including the new service takes 
effect, or 36 months from the date the new service becomes effective. 
Each carrier making such a tariff filing must, at the time the new 
service is incorporated into the price cap index, submit data sufficient 
to make the API and PCI calculations required by Secs. 61.46(b) and 
61.44(c) of this part, and, as necessary, to make the SBI calculations 
provided in Sec. 61.47 (b) or (c) of this part.
    (2) Each tariff filing submitted by a local exchange carrier 
specified in Sec. 61.41(a) (2) or (3) of this part that introduces a new 
service or a restructured unbundled basic service element (BSE) (as BSE 
is defined in Sec. 69.2 (mm)) that is or will later be included in a 
basket must be accompanied by cost data sufficient to establish that the 
new service or unbundled BSE will not recover more than a reasonable 
portion of the carrier's overhead costs.
    (g) Each tariff filing by a local exchange carrier subject to price 
cap regulation that introduces a new service or a restructured unbundled 
basis service element (BSE), as defined in Sec. 69.2(mm) of this 
chapter, that is or will later be included in a basket, or that 
introduces or changes the rates for connection charge subelments for 
expanded interconnection, as defined in Sec. 69.121 of this chapter, 
must also be accompanied by:
    (1) The following, including complete explanations of the bases for 
the estimates.
    (i) A study containing a projection of costs for a representative 12 
month period; and
    (ii) Estimates of the effect of the new tariff on the traffic and 
revenues from the service to which the new tariff applies, the carrier's 
other service classifications, and the carrier's overall traffic and 
revenues. These estimates must include the projected effects on the 
traffic and revenues for the same representative 12 month period used in 
paragraph (h)(1)(i) of this section.
    (2) Working papers and statistical data. (i) Concurrently with the 
filing of any tariff change or tariff filing for a service not 
previously offered, the Chief, Tariff Review Branch must be provided two 
sets of working papers containing the information underlying the data 
supplied in response to paragraph (h)(1) of this section, and a clear 
explanation of how the working papers relate to that information.
    (ii) All statistical studies must be submitted and supported in the 
form prescribed in Sec. 1.363 of the Commission's rules.
    (h) Each tariff filing submitted by a local exchange carrier subject 
to price cap regulation that introduces or changes the rates for 
connection charge subelements for expanded interconnection, as defined 
in Sec. 69.121 of this chapter, must be accompanied by cost data 
sufficient to establish that such charges will not recover more than a 
just and reasonable portion of the carrier's overhead costs.
    (i) For a tariff filing that introduces or changes a contribution 
charge for special access and expanded interconnection, as defined in 
Sec. 69.122 of this chapter, the carrier must submit information 
sufficient to establish that the charge has been calculated in a manner 
that complies with the Commission order authorizing the contribution 
charge.
    (j) For a tariff that introduces a system of density pricing zones, 
as described in Sec. 69.123 of this chapter, the carrier must, before 
filing its tariff, submit a density pricing zone plan including, inter 
alia, documentation sufficient to establish that the system of zones 
reasonably reflects cost-related characteristics, such as the density of 
total interstate traffic in central offices located in the respective 
zones, and receive approval of its proposed plan.
    (k) In accordance with Secs. 61.41 through 61.49, local exchange 
carriers subject to price cap regulation that elect to file their annual 
access tariff pursuant to section 204(a)(3) of the Communications Act 
shall submit supporting material for their interstate

[[Page 124]]

annual access tariffs, absent rate information, 90 days prior to July 1 
of each year.

[54 FR 19843, May 8, 1989, as amended at 55 FR 42384, Oct. 19, 1990; 56 
FR 5956, Feb. 14, 1991; 56 FR 21617, May 10, 1991; 56 FR 33880, July 24, 
1991; 57 FR 37730, Aug. 20, 1992; 57 FR 54331, Nov. 18, 1992; 58 FR 
17167, Apr. 1, 1993; 58 FR 38536, July 19, 1993; 58 FR 48762, Sept. 17, 
1993; 59 FR 10304, Mar. 4, 1994; 62 FR 4659, Jan. 31, 1997; 62 FR 5778, 
Feb. 7, 1997; 62 FR 42218, Aug. 6, 1997]



Sec. 61.50  Scope: Optional incentive regulation for rate of return local exchange carriers.

    (a) This section shall apply on an elective basis, to local exchange 
carriers for either traffic sensitive rates only or for both traffic 
sensitive and common line rates. Carriers electing the plan for traffic 
sensitive rates only must participate in the Association common line 
pool. Affiliation with average schedule companies shall not bar a 
carrier from electing optional incentive regulation provided the carrier 
is otherwise eligible.
    (b) If a telephone company, or any one of a group of affiliated 
telephone companies, files an optional incentive regulation tariff in 
one study area, that telephone company and its affiliates, except its 
average schedule affiliates, must file incentive plan tariffs in all 
their study areas.
    (c) The following rules apply to telephone companies subject to this 
section, that become involved in mergers, acquisitions, or similar 
transactions, except that mergers with, acquisitions by, or other 
similar transactions with companies subject to price cap regulation, as 
that term is defined in Sec. 61.3(w), shall be governed by 
Sec. 61.41(c).
    (1) Any telephone company subject to this section that is a party to 
a merger, acquisition, or similar transaction, shall continue to be 
subject to incentive regulation notwithstanding such transaction.
    (2) Where a telephone company subject to this section acquires, is 
acquired by, merged with, or otherwise becomes affiliated with a 
telephone company that is not subject to this section, the latter 
telephone company shall become subject to optional incentive plan 
regulation no later than one year following the effective date of such 
merger, acquisition, or similar transaction and shall accordingly file 
optional incentive plan tariffs to be effective no later than that date 
in accordance with the applicable provisions of this part 61.
    (3) Notwithstanding the provisions of paragraph (c)(2) of this 
section, when a telephone company subject to optional incentive plan 
regulation acquires, is acquired by, mergers with, or otherwise becomes 
affiliated with a telephone company that qualifies as an ``average 
schedule'' company, the latter company may retain its ``average 
schedule'' status or become subject to optional incentive plan 
regulations in accordance with Sec. 69.3(i)(3) of this chapter and the 
requirements referenced in that section.
    (d) Local exchange carriers that are subject to this section shall 
not withdraw from optional incentive regulation until the end of two, 
two-year tariff periods. If a local exchange carrier withdraws from 
optional incentive plan regulation, it must file company-specific 
tariffs under the provisions of Sec. 61.38 for four years before it may 
again elect to enter incentive plan regulation; such carrier may not 
participate in the applicable Association tariff during that four years. 
After the four year period, the carrier may either return to the 
incentive plan, or remain under Sec. 61.38.
    (e) Each local exchange carrier subject to this section shall 
establish the baskets of services, including service categories, as 
identified in Sec. 61.42 (d) and (e).
    (f) Each local exchange carrier subject to optional incentive 
regulation shall exclude from its baskets such services or portions of 
such services as the Commission has designated or may hereafter 
designate by order.
    (g) New services, other than those within the scope of paragraph (f) 
of this section, must be included in the affected basket at the first 
two-year tariff filing following completion of the two-year tariff 
period in which they are introduced. To the extent that such new 
services are permitted or required to be included in new or existing 
service categories within the assigned basket, they shall be so included 
at the first two-year tariff filing following

[[Page 125]]

completion of the two-year tariff period in which they are introduced.
    (h)(1) In connection with any optional incentive plan tariff filing 
proposin rate changes, the carrier must calculate an index for each 
affected basket as determined by the Common Carrier Bureau.
    (2) In connection with any tariff filed under this section proposing 
changes to rates for services in the basket designated in paragraph (e) 
of this section, the maximum allowable increase or decrease in a basket 
shall be limited to ten percent over the two-year tariff period.
    (3) Local exchange carriers subject to this section shall file 
tariff revisions that reflect rae changes due to exogenous costs, as 
defined in Sec. 61.45(d)(1), either in the biennial tariff filing or at 
the time the event causing the exogenous costs occurs during the two-
year period.
    (i) Rates for a new service that is the same as that offered by a 
price cap regulated 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 rate 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 regulated local 
exchange carrier; and
    (2) Data to establish compliance with this subsection 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.
    (3) All filings for new services other than those described in 
paragraph (i) shall be supported using prospective data, as required by 
Sec. 61.38 of these rules.
    (j) The maximum allowable rate of return on earnings based on rates 
filed by a local exchange carrier subject to this section, shall be 
determined by adding a fixed increment of one and one-half percent to 
the carrier's prescribed rate of return. Rates of local exchange 
carriers subject to this section that result in earnings less than 
three-quarters percent below the carrier's prescribed rate of return may 
be retargeted to three-quarters percent below the carrier's prescribed 
rate of return, in a mid-course tariff filing.
    (k) For a tariff change, a local exchange carrier that is a cost 
schedule carrier must propose Common Line rates based on the following:
    (1) 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:
[GRAPHIC] [TIFF OMITTED] TR06JN97.016

Where:
[GRAPHIC] [TIFF OMITTED] TR06JN97.017

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.

    (2) For the 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:
[GRAPHIC] [TIFF OMITTED] TR06JN97.018

where:
[GRAPHIC] [TIFF OMITTED] TR06JN97.019

and where:


[[Page 126]]


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 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.

    (3) For End User Common Line charges included in a tariff pursuant 
to this section, the local exchange carrier must provide supporting 
information for the two-year historical period with its letter of 
transmittal in accordance with Sec. 61.38.

[58 FR 36148, July 6, 1993, as amended at 62 FR 31005, June 6, 1997]

                 Specific Rules for Tariff Publications



Sec. 61.51  LEC tariff filings requirements pursuant to section 204(a)(3) of the Communications Act.

    (a) Local exchange carriers may file tariffs pursuant to section 
204(a)(3) of the Communications Act. Such tariffs shall be filed in 
accordance with the notice periods set forth in Sec. 61.58(d).
    (b) Local exchange carriers may elect not to file any tariffs 
pursuant to section 204(a)(3) of the Communications Act that may be 
eligible for filing under that section. Any such tariffs not filed 
pursuant to section 204(a)(3) of the Communications Act shall be filed 
in accordance with the notice requirements of Secs. 61.23 and 61.58.
    (c) Local exchange carrier tariff filings pursuant to section 
204(a)(3) must comply with the requirements of Secs. 61.38, 61.39, and 
61.41 through 61.50.
    (d) Local exchange carriers subject to price cap regulation that 
elect to file their annual access tariff pursuant to section 204(a)(3) 
of the Communications Act shall submit support material for their 
interstate annual access tariffs, in accordance with Sec. 61.49(l).

[62 FR 5778, Feb. 7, 1997]



Sec. 61.52  Form, size, type, legibility, etc.

    (a) All tariff publications must be in loose-leaf form of size A4 
(21 cm x 29.7 cm) or 8.5 x 11 inches (21.6 cm x 27.9 cm), and must be 
plainly printed in black print on white paper of durable quality. Less 
than 6-point type may not be used. Erasures or alterations in writing 
must not be made in any tariff publication filed with the Commission or 
in those copies posted for public convenience. A margin of no less than 
2.5 cm (1 inch) in width must be allowed at the left edge of every 
tariff publication.
    (b) Pages of tariffs must be printed on one side only, and must be 
numbered consecutively and designated as ``Original title page,'' 
``Original page 1,'' ``Original page 2,'' etc.
    (1) All such pages must show, in the upper left-hand corner the name 
of the issuing carrier; in the upper right-hand corner the FCC number of 
the tariff, with the page designation directly below; in the lower left-
hand corner the issued date; in the lower right-hand corner the 
effective date; and at the bottom, center, the street address of the 
issuing officer. The carrier must also specify the issuing officer's 
title either at the bottom center of all tariff pages, or on the title 
page and check sheet only.
    (2) As an alternative, the issuing carrier may show in the upper 
left-hand corner the name of the issuing carrier, the title and street 
address of the issuing officer, and the issued date; and in the upper 
right-hand corner the FCC number of the tariff, with the page 
designation directly below, and the effective date. The carrier must 
specify the issuing officer's title in the upper left-hand corner of 
either all tariff pages, or on the title page and check sheet only. A 
carrier electing to place the information at the top of the page should 
annotate the bottom of each page to indicate the end of the material, 
e.g., a line, or the term ``Printed in USA,'' or ``End''.
    (3) Only one format may be employed in a tariff publication.
    (c) Local exchange carriers shall file all tariff publications and 
associated documents, such as transmittal letters, requests for special 
permission, and cost support documents, electronically in accordance 
with the requirements

[[Page 127]]

established by the Chief, Common Carrier Bureau.

[49 FR 40869, Oct. 18, 1984, as amended at 58 FR 44906, Aug. 25, 1993; 
62 FR 5778, Feb. 7, 1997]



Sec. 61.53  Consecutive numbering.

    Carriers should file tariff publications under consecutive FCC 
numbers. If this cannot be done, a memorandum containing an explanation 
of the missing number or numbers must be submitted. Supplements to a 
tariff must be numbered consecutively in a separate series.



Sec. 61.54  Composition of tariffs.

    (a) Tariffs must contain in consecutive order: A title page; check 
sheet; table of contents; list of concurring, connecting, and other 
participating carriers; explanation of symbols and abbreviations; 
application of tariff; general rules (including definitions), 
regulations, exceptions and conditions; and rates. If the issuing 
carrier elects to add a section assisting in the use of the tariff, it 
should be placed immediately after the table of contents.
    (b) The title page of every tariff and supplement must show:
    (1) FCC number, indication of cancellations. In the upper right-hand 
corner, the designation of the tariff or supplement as ``FCC No. ------
--,'' or ``Supplement No. -------- to FCC No. --------,'' and 
immediately below, the FCC number or numbers of tariffs or supplements 
cancelled thereby.
    (2) Name of carrier, class of service, geographical application, 
means of transmission. The exact name of the carrier, and such other 
information as may be necessary to identify the carrier issuing the 
tariff publication; a brief statement showing each class of service 
provided; the geographical application; and the type of facilities used 
to provide service.
    (3) Expiration Date. When the entire tariff or supplement is to 
expire with a fixed date, the expiration date must be shown in 
connection with the effective date in the following manner:


Expires at the end of -------------------- (date) unless sooner 
canceled, changed or extended.


    (4) Title and address of issuing officer. The title and street 
address of the officer issuing the tariff or supplement in the format 
specified in Sec. 61.52.
    (5) Revised title page. When a revised title page is issued, the 
following notation must be shown in connection with its effective date:


Original tariff effective -------------------- (here show the effective 
date of the original tariff).


    (c)(1) The page immediately following the title page must be 
designated as ``Original page 1'' and captioned ``Check Sheet.'' When 
the original tariff is filed, the check sheet must show the number of 
pages contained in the tariff. For example, ``Page 1 to 150, inclusive, 
of this tariff are effective as of the date shown.'' When new pages are 
added, they must be numbered in continuing sequence, and designated as 
``Original page -------- .'' For example, when the original tariff filed 
has 150 pages, the first page added after page 150 is to be designated 
as ``Original page 151,'' and the foregoing notation must be revised to 
include the added pages.
    (2) If pages are to be inserted between numbered pages, each such 
page must be designated as an original page and must bear the number of 
the immediately preceding page followed by an alpha or numeric suffix. 
For example, when two new pages are to be inserted between pages 44 and 
45 of the tariff, the first inserted page must be designated as Original 
page 44A or 44.1 and the second inserted page as Original page 44B or 
44.2. Issuing carriers may not utilize both the alpha and numeric 
systems in the same publication.
    (3) When pages are revised, when new pages (including pages with 
letter or numeric suffix as set forth above) are added to the tariff, or 
when supplements are issued, the check sheet must be revised 
accordingly. Revised check sheets must indicate with an asterisk the 
specific pages added or revised. In addition to the notation in (1), the 
check sheet must list, under the heading ``The original and revised 
pages named below (and Supplement No. --------) contain all changes from 
the original tariff that are in effect on the

[[Page 128]]

date shown,'' all original pages in numerical order that have been added 
to the tariff and the pages which have been revised, including the 
revision number. For example:

                                                                        
------------------------------------------------------------------------
                                               Number of revision except
                     Page                             as indicated      
------------------------------------------------------------------------
Title........................................  1st                      
1............................................  *8th                     
3............................................  5th                      
5A...........................................  *Orig.                   
10...........................................  *8th                     
151..........................................  Orig.                    
------------------------------------------------------------------------
*New or Revised page.                                                   

    (4) Changes in, and additions to tariffs must be made by reprinting 
the page upon which a change or addition is made. Such changed page is 
to be designated as a revised page, cancelling the page which it amends. 
For example, ``First revised page 1 cancels original page 1,'' or 
``Second revised page 2 cancels first revised page 2,'' etc. When a 
revised page omits rates or regulations previously published on the page 
which it cancels, but such rates or regulations are published on another 
page, the revised page must make specific reference to the page on which 
the rates or regulations will be found. This reference must be 
accomplished by inserting a sentence at the bottom of the revised page 
that states ``Certain rates (or regulations) previously found on this 
page can now be found on page ------.'' In addition, the page on which 
the omitted material now appears must bear the appropriate symbol 
opposite such material, and make specific reference to the page from 
which the rates or regulations were transferred. This reference must be 
accomplished by inserting a sentence at the bottom of the other page 
that states ``Certain rates (or regulations) on this page formerly 
appeared on page --------.''
    (5) Rejected pages must be treated as indicated in Sec. 61.69.
    (d) Table of contents. The table of contents must contain a full and 
complete statement showing the exact location and specifying the page or 
section and page numbers, where information by subjects under general 
headings will be found. If a tariff contains so small a volume of matter 
that its title page or its interior arrangement plainly discloses its 
contents, the table of contents may be omitted.
    (e) Tariff User's guide. At its option, a carrier may include a 
section explaining how to use the tariff.
    (f) List of concurring carriers. This list must contain the exact 
name or names of carriers concurring in the tariff, alphabetically 
arranged, and the name of the city or town in which the principal office 
of every such carrier is located. If there are no concurring carriers, 
then the statement ``no concurring carriers'' must be made at the place 
where the names of the concurring carriers would otherwise appear. If 
the concurring carriers are numerous, their names may be stated in 
alphabetical order in a separate tariff filed with the Commission by the 
issuing carrier. Specific reference to such separate tariff by FCC 
number must be made in the tariff at the place where such names would 
otherwise appear.
    (g) List of connecting carriers. This list must contain the exact 
name or names of connecting carriers, alphabetically arranged, for which 
rates or regulations are published in the tariff, and the name of the 
city or town in which the principal office of every such carrier is 
located. If there are no connecting carriers, then the statement ``no 
connecting carriers'' must be made at the place where their names would 
otherwise appear. If connecting carriers are numerous, their names may 
be stated in alphabetical order in a separate tariff filed with the 
Commission by the issuing carrier. Specific reference to such separate 
tariff by FCC number must be made in the tariff at the place where such 
names would otherwise appear.
    (h) List of other participating carriers. This list must contain the 
exact name of every other carrier subject to the Act engaging or 
participating in the communication service to which the tariff or 
supplement applies, together with the name of the city or town in which 
the principal office of such carrier is located. If there is no such 
other carrier, then the statement ``no participating carriers'' must be 
made at the place where the names of such other carriers would otherwise 
appear. If such other carriers are numerous,

[[Page 129]]

their names may be stated in alphabetical order in a separate tariff 
filed with the Commission by the issuing carrier. Specific reference 
must be made in the tariff at the place where such names would otherwise 
appear. The names of concurring and connecting carriers properly listed 
in a tariff published by any other participating carrier need not be 
repeated in this list.
    (i)(1) Symbols, reference marks, abbreviations. The tariff must 
contain an explanation of symbols, reference marks, and abbreviations of 
technical terms used. The following symbols used in tariffs are reserved 
for the purposes indicated below:

R  to signify reduction.
I  to signify increase.
C  to signify changed regulation.
T  to signify a change in text but no change in rate or regulation.
S  to signify reissued matter.
M  to signify matter relocated without change.
N  to signify new rate or regulation.
D  to signify discontinued rate or regulation.
Z  to signify a correction.


    (2) The uniform symbols must be used as follows.
    (i) When a change of the same character is made in all or in 
substantially all matter in a tariff, it may be indicated at the top of 
the title page of the tariff or at the top of each affected page, in the 
following manner: ``All rates in this tariff are increases,'' or, ``All 
rates on this page are reductions, except as otherwise indicated.''
    (ii) When a change of the same character is made in all or 
substantially all matters on a page or supplement, it may be indiated at 
the top of the page or supplement in the following manner: All rates on 
this page (or supplement) are increases,'' or, ``All rates on this page 
(or supplement) are reductions except as otherwise indicated.''
    (3) Items which have not been in effect 30 days when brought forward 
on revised pages must be shown as reissued, in the manner prescribed in 
Sec. 61.54(i)(1). Items which have been in effect 30 days or more and 
are brought forward without change on revised pages must not be shown as 
reissued items.
    (j) Rates and general rules, regulations, exceptions and conditions. 
The general rules (including definitions), regulations, exceptions, and 
conditions which govern the tariff must be stated clearly and 
definitely. All general rules, regulations, exceptions or conditions 
which in any way affect the rates named in the tariff must be specified. 
A special rule, regulation, exception or condition affecting a 
particular item or rate must be specifically referred to in connection 
with such item or rate. Rates must be expressed in United States 
currency, per chargeable unit of service for all communication services, 
together with a list of all points of service to and from which the 
rates apply. They must be arranged in a simple and systematic manner. 
Complicated or ambiguous terminology may not be used, and no rate, rule, 
regulation, exception or condition shall be included which in any way 
attempts to substitute a rate, rule, regulation, exception or condition 
named in any other tariff.



Sec. 61.55  Contract-based tariffs.

    (a) Scope. This section shall apply to offerings as defined in 
Sec. 61.3(m).
    (b) Composition of contract-based tariffs shall comply with 
Sec. 61.54(b) through (i).
    (c) Contract-based tariffs shall include the following:
    (1) The term of the contract, including any renewal options;
    (2) A brief description of each of the services provided under the 
contract;
    (3) Minimum volume commitments for each service;
    (4) The contract price for each service or services at the volume 
levels committed to by the customers;
    (5) A general description of any volume discounts built into the 
contract rate structure; and
    (6) A general description of other classifications, practices and 
regulations affecting the contract rate.
    (d) Contract-based tariffs of an interexchange carrier subject to 
price cap regulation shall not include services included in 
Secs. 61.42(b), 61.42 (c)(1), (c)(4), and 61.42(c)(10).

[56 FR 55239, Oct. 25, 1991]

[[Page 130]]



Sec. 61.56  Supplements.

    A carrier may not file a supplement except to suspend or cancel a 
tariff publication.



Sec. 61.57  Cancellations.

    The following paragraphs govern the cancellation of tariffs and 
supplements.
    (a) By tariff or supplement. A carrier may cancel any tariff or 
supplement in whole or in part by another tariff or supplement. 
Cancellation of a tariff automatically cancels every supplement to that 
tariff, except a cancelling supplement.
    (b) By expiration. Subject to Sec. 61.59, a carrier may cancel a 
tariff or supplement in whole or in part by fixing a date on which the 
rates or regulations will expire.
    (c) Indication of. (1) A carrier which cancels a tariff or 
supplement in whole by another tariff or supplement must comply with 
Sec. 61.54(b)(1). Cancellation of tariffs or supplements in whole by 
expiration must be indicated as provided in Sec. 61.54(b)(3).
    (2) Where a carrier issues a tariff, supplement, or revised page 
partially cancelling another tariff, supplement, or revised page, it 
must specifically state what portion of the other tariff publication is 
cancelled. Such other tariff or supplement must at the same time be 
correspondingly amended, effective on the same date.
    (3) When only a part of tariff or supplement is to expire, a carrier 
must show the expiration date on the same page, and associate it with 
the matter which is to expire. Changes in expiration date must be made 
pursuant to the notice requirements of Sec. 61.58, unless otherwise 
authorized by the Commission. Expirations must be indicated as follows:


Expires at the end of -------------------- (date) unless sooner 
cancelled, changed or extended.


    (d) Rates and regulations to apply. When a carrier cancels a tariff 
or supplement in whole or in part by another tariff or supplement, the 
cancelling publication must show where all rates and regulations will be 
found, or what rates and regulations will apply.
    (e) Omissions. When a tariff or supplement cancelling a previous 
tariff or supplement omits points of origin or destination, rates or 
regulations, or routes, which were contained in such tariff or 
supplement, the new tariff or supplement must indicate the omission in 
the manner prescribed in paragraph (c) of this section. If such 
omissions effect changes in rates of regulations, that fact must be 
indicated by the use of the uniform symbols prescribed in 
Sec. 61.54(i)(1).
    (f) Carriers ceasing operations. When a carrier ceases operations 
without a successor, it must cancel its tariffs pursuant to the notice 
requirements of Sec. 61.58, unless otherwise authorized by the 
Commission.



Sec. 61.58  Notice requirements.

    (a) Every proposed tariff filing must bear an effective date and, 
except as otherwise provided by regulation, special permission, or 
Commission order, must be made on at least the number of days notice 
specified in this section.
    (1) Notice is accomplished by filing the proposed tariff changes 
with the Commission. Any period of notice specified in this section 
begins on and includes the date the tariff is received by the 
Commission, but does not include the effective date. If a tariff filing 
proposes changes governed by more than one of the notice periods listed 
below, the longest notice period will apply. In computing the notice 
period required, all days including Sundays and holidays must be 
counted.
    (2) Except for tariffs filed pursuant to section 204(a)(3) of the 
Communications Act, the Chief, Common Carrier Bureau, may require the 
deferral of the effective date of any tariff filing made on less than 
120-days' notice, so as to provide for a maximum of 120-days' notice, or 
of such other maximum period of notice permitted by section 203(b) of 
the Communications Act, regardless of whether petitions under Sec. 1.773 
of this chapter have been filed.
    (3) Tariff filings proposing corrections must be made on at least 3 
days' notice, and may be filed notwithstanding the provisions of 
Sec. 61.59. Corrections to tariff materials not yet effective cannot 
take effect before the effective date of the original material.

[[Page 131]]

    (4) This subsection applies only to dominant carriers. If the tariff 
publication would increase any rate or charge, or would effectuate and 
authorized discountinuance, reduction or other impairment of service to 
any customer, the offering carrier must inform the affected customers of 
the content of the tariff publication. Such notification should be made 
in a form appropriate to the circumstance, and may include written 
notification, personal contact, or advertising in newspapers of general 
circulation.
    (b) Non-dominant carriers. Tariff filings of non-dominant carriers 
must be made on at least 14 days' notice.
    (c) Carriers subject to price cap regulation. This paragraph applies 
only to carriers subject to price cap regulation. Such carriers must 
file tariffs according to the following notice periods.
    (1) For annual adjustments to the PCI, API, and SBI values under 
Secs. 61.44, 61.46, and 61.47, respectively, dominant interexchange 
carrier filings must be made on at least 45 days' notice. For annual 
adjustments to the PCI, API, and SBI values under Secs. 61.45, 61.46, 
and 61.47, respectively, local exchange carrier tariff filings must be 
made on not less than 90 days' notice.
    (2) Tariff filings that do not cause any API to exceed any 
applicable PCI pursuant to calculations provided for in Sec. 61.46 of 
this part, and that do not cause any SBI to exceed its banding 
limitations established in Sec. 61.47 of this part, must be made on at 
least 14 days' notice, provided that the tariff filing is restricted to 
one or more of the following changes to the tariff:
    (i) Alters only a rate level;
    (ii) Adds a geographic location;
    (iii) Eliminates a rate element; or
    (iv) Changes the number or size of taper points in a volume discount 
plan without changing the initial volume quantity associated with the 
lowest discount level or the highest volume quantity associated with the 
highest discount level.
    (3) Tariff filings that will cause any API to exceed its applicable 
PCI pursuant to calculations provided for in Sec. 61.46 of this part, 
that will cause any SBI to exceed its upper banding limitations 
established in Sec. 61.47 (e), (f)(1), (g), and (h) of this part, or 
that will cause the composite average residential rate to exceed its 
limitation on upward pricing flexibility established in Sec. 61.47(f)(2) 
of this part, must be made on at least 120 days' notice, or such other 
maximum period of notice permitted by section 203(b) of the 
Communications Act, regardless of whether petitions under Sec. 1.773 of 
the Commission's Rules have been filed.
    (4) Tariff filings that will cause any SBI to decrease below its 
lower banding limit established in Sec. 61.47 (e), (g), and (h), must be 
made on at least 45 days' notice.
    (5) Tariff filings involving a change in rate structure of a service 
included in a basket listed in Sec. 61.42(a) or Sec. 61.42(d), or the 
introduction of a new service within the scope of Sec. 61.42(g), must be 
made on at least 45 days' notice.
    (6) Tariff filings involving services included in Sec. 61.42(c), 
except for services included in Sec. 61.42 (c)(1), (c)(4), and (c)(10), 
must be made on at least 14 days notice.
    (7) The required notice for services included in Sec. 61.42 (c)(1), 
(c)(4), and (c)(10), tariff filings involving services included in 
Sec. 61.42(f), or tariff filings involving changes in tariff 
regulations, other than tariff regulations for services described in 
paragraph (c)(6), shall be that required in connection with such filings 
by dominant carriers that are not subject to price cap regulation.
    (d) Tariffs filed pursuant to section 204(a)(3) of the 
Communications Act. Local exchange carriers filing tariffs pursuant to 
section 204(a)(3) of the Communications Act may file the tariff on 7-
days' notice if it proposes only rate decreases. Any other tariff filed 
pursuant to section 204(a)(3) of the Communications Act, including those 
that propose a rate increase or any change in terms and conditions of 
service other than a rate change, shall be filed on 15-days' notice.
    (e) Carriers subject to optional incentive regulation. Paragraph (e) 
of this section applies only to carriers subject to Sec. 61.50. Such 
carriers must file tariffs according to the following notice periods:
    (1) For initial and renewal tariff filings whose effective date 
coincides with the start of any two-year tariff

[[Page 132]]

period as defined in Sec. 69.3(f) of this chapter, filings must be made 
on not less than 90 days' notice.
    (2) For rate revisions made pursuant to Sec. 61.50 (g) and (i), and 
Sec. 61.39(d), tariff filings must be made on not less than 14 days' 
notice.

[49 FR 40869, Oct. 18, 1984, as amended at 54 FR 19844, May 8, 1989; 55 
FR 42384, Oct. 19, 1990; 56 FR 1500, Jan. 15, 1991; 56 FR 5956, Feb. 14, 
1991; 56 FR 55239, Oct. 25, 1991; 58 FR 36149, July 6, 1993; 59 FR 
10304, Mar. 4, 1994; 62 FR 5778, Feb. 7, 1997]



Sec. 61.59  Effective period required before changes.

    Except as provided in Sec. 61.58(a)(3) or except as otherwise 
authorized by the Commission, new rates or regulations must be effective 
for at least 30 days before any change may be made.



Sec. 61.67  New or discontinued telephone and teletypewriter service points; mileages.

    Message toll telephone service points and teletypewriter exchange 
service points added or discontinued during a calendar month may be 
filed not later than 20 days after the end of such month where the basic 
schedules of rates and regulations applicable to such message toll 
telephone and teletypewriter exchange service points are effective and 
the effective date of each addition of discontinuance is shown.



Sec. 61.68  Special notations.

    (a) A tariff filing must contain a statement of the authority for 
any matter to be filed on less than the notice required in Sec. 61.58. 
The following must be used:

    Issued on not less than -- days' notice under authority of -- 
(specific reference to the special permission, decision, order or 
section of these rules).


If all the matter in a tariff publication is to become effective on less 
than the notice required in Sec. 61.58, specific reference to the 
Commission authority must be shown on the title page. If only a part of 
the tariff publication is to become effective on less than the notice 
required in Sec. 61.58, reference to the Commission authority must 
appear on the same page(s), and be associated with the pertinent matter.
    (b) When a portion of any tariff publication is issued in order to 
comply with the Commission order, the following notation must be 
associated with that portion of the tariff publication:

    In compliance with the order of the Federal Communications 
Commission in -- (a specific citation to the applicable order should be 
made).



Sec. 61.69  Rejection.

    When a tariff publication is rejected by the Commission, its number 
may not be used again. The rejected tariff publication may not be 
referred to as cancelled or revised. The publication that is 
subsequently issued in lieu of the rejected tariff publication must bear 
the notation

    In lieu of --, rejected by the Federal Communications Commission.



Sec. 61.71  Reissued matter.

    Matter in effect for less than 30 days and brought forward without 
change from another tariff publication must bear the appropriate symbol 
provided in Sec. 61.54(i)(1) for reissued matter. The number and 
original effective date of the tariff publication in which the matter 
was originally published must be associated with the reissued matter.



Sec. 61.72  Posting.

    (a) Offering carriers must post (i.e., keep accessible to the 
public) during the carrier's regular business hours, a schedule of rates 
and regulations for those services subject to tariff filing 
requirements. This schedule must include all effective and proposed 
rates and regulations pertaining to the services offered to and from the 
community or communities served, and must be the same as that on file 
with the Commission. This posting requirement must be satisfied by the 
following methods:
    (1) Where the filing has an office or offices open to the public in 
states or territories of the United States, the carrier must post the 
schedule of rates and regulations in one office in each state or 
territory of its operation.
    (2) A carrier must provide a telephone number for public inquiries 
about information contained in its tariffs. This telephone number should 
be

[[Page 133]]

made readily available to all interested parties.
    (3) A carrier must post a notice in each business office of the 
carrier open to the public in that state or territory, stating the 
street address of the location in which the schedule of rates and 
regulations can be found and the telephone number for public inquiries 
on tariffs.
    (b) The posting of rates and regulations for those services pursuant 
to paragraph (a) of this section shall be considered timely if they are 
available for public inspection at the posting locations within 15 days 
of their filing with the Commission.

[49 FR 40869, Oct. 18, 1984, as amended at 61 FR 59366, Nov. 22, 1996]



Sec. 61.73  Duplication of rates or regulations.

    A carrier concurring in schedules of another carrier must not 
publish conflicting or duplicative rates or regulations.



Sec. 61.74  References to other instruments.

    (a) Except as otherwise provided in this and other sections of this 
part, no tariff publication filed with the Commission may make reference 
to any other tariff publication or to any other document or instrument.
    (b) Tariffs for end-on-end through services may reference the 
tariffs of other carriers participating in the offering.
    (c) Tariffs may reference concurrences for the purpose of starting 
where rates or regulations applicable to a service not governed by the 
tariff may be found.
    (d) A tariff for international services offered by a carrier that is 
subject to detariffing for domestic, interstate, interexchange services, 
may reference other documents or instruments concerning the carrier's 
detariffed domestic, interstate, interexchange service offerings. A 
tariff for international services may contain such a reference if, and 
only if, it is necessary to incorporate information regarding the 
carrier's detariffed domestic, interstate, interexchange services in 
order to calculate discounts and minimum revenue requirements for 
international services provided in combination with detariffed domestic, 
interstate, interexchange services. Notwithstanding any such reference 
to documents or instruments concerning the carrier's detariffed 
domestic, interstate, interexchange service offerings, a tariff for 
international services shall specify rates, terms and conditions for the 
international service.

[49 FR 40869, Oct. 18, 1984, as amended at 61 FR 59366, Nov. 22, 1996]

                              Concurrences



Sec. 61.131  Scope.

    Sections 61.132 through 61.136 apply to a carrier which must file 
concurrences reflecting rates and regulations for through service 
provided in conjunction with other carriers and to a carrier which has 
chosen, as an alternative to publishing its own tariff, to arrange 
concurrence in an effective tariff of another carrier. Limited or 
partial concurrences will not be permitted.



Sec. 61.132  Method of filing concurrences.

    A carrier proposing to concur in another carrier's effective tariff 
must deliver two copies of the concurrence to the issuing carrier in 
whose favor the concurrence is issued. The concurrence must be signed by 
an officer or agent of the carrier executing the concurrence, and must 
be numbered consecutively in a separate series from its FCC tariff 
numbers. At the same time the issuing carrier revises its tariff to 
reflect such a concurrence, it must submit both copies of the 
concurrence to the Commission. The concurrence must bear the same 
effective date as the date of the tariff filing reflecting the 
concurrence.



Sec. 61.133  Format of concurrences.

    (a) Concurrences must be issued in the following format:

                               Concurrence

F.C.C. Concurrence No. --------
(Cancels F.C.C. Concurrence No. ----
(Name of Carrier ------------)
(Post Office Address ------------)
(Date) ---------------- 19--.
Secretary,

[[Page 134]]

Federal Communications Commission, Washington, D.C. 20554.
This is to report that (name of concurring carrier) assents to and 
concurs in the tariffs described below. (Name of concurring carrier) 
thus makes itself a party to these tariffs and obligates itself (and its 
connecting carriers) to observe every provision in them, until a notice 
of revocation is filed with the Commission and delivered to the issuing 
carrier.
This concurrence applies to interstate (and foreign) communication:
    1. Between the different points on the concurring carrier's own 
system;
    2. Between all points on the concurring carrier's system and the 
systems of its connecting carriers; and
    3. Between all points on the system of the concurring carrier and 
the systems of its connecting carriers on the one hand, and, on the 
other hand, all points on the system of the carrier issuing the tariff 
or tariffs listed below and the systems of its connecting carriers and 
other carriers with which through routes have been established.

    (Note:  Any of the above numbered paragraphs may be omitted or the 
wording modified to state the points to which the concurrence applies.)

                                 Tariff

    (Here describe the tariff or tariffs concurred in by the carrier, 
specifying FCC number, title, date of issuance, and date effective. 
Example: A.B.C. Communications Company, Tariff FCC No. 1, Interstate 
Telegraph Message Service, Issued January 1, 1983, Effective April 1, 
1983).
    Cancels FCC Concurrence No. ----, effective ----, 19--.

 (Name of concurring carrier)___________________________________________
 By_____________________________________________________________________
 (Title)________________________________________________________________

    (b) No material is to be included in a concurrence other than that 
indicated in the above-prescribed form, unless specially authorized by 
the Commission. A concurrence in any tariff so described will be deemed 
to include all amendments and successive issues which the issuing 
carrier may make and file. All such amendments and successive issues 
will be binding between customers and carriers. Between carriers 
themselves, however, the filing by the issuing carrier of an amendment 
or successive issue with the Commission must not imply or be construed 
to imply an agreement to the filing by concurring carriers. Such filings 
do not affect the contractual rights or remedies of any concurring 
carrier(s) which have not, by contract or otherwise, specifically 
consented in advance to such amendment or successive issue.



Sec. 61.134  Concurrences for through services.

    A carrier filing rates or regulations for through services between 
points on its own system and points on another carrier's system (or 
systems), or between points on another carrier's system (or systems), 
must list all concurring, connecting or other participating carriers as 
provided in Sec. 61.54 (f), (g) and (h). A concurring carrier must 
tender a properly executed instrument of concurrence to the issuing 
carrier. If rates and regulations of the other carriers engaging in the 
through service(s) are not specified in the issuing carrier's tariff, 
that tariff must state where the other carrier's rates and regulations 
can be found. Such reference(s) must contain the FCC number(s) of the 
referenced tariff publication(s), the exact name(s) of the carrier(s) 
issuing such tariff publication(s), and must clearly state how the rates 
and regulations in the separate publications apply.



Sec. 61.135  Concurrences for other purposes.

    When an issuing carrier permits another carrier to concur in its 
tariff, the issuing carrier's tariff must state the concurring carrier's 
rates and points of service.



Sec. 61.136  Revocation of concurrences.

    A concurrence may be revoked by a revocation notice or cancelled by 
a new concurrence. A revocation notice or a new concurrence, if less 
broad in scope than the concurrence it cancels, must bear an effective 
date not less than 45 days after its receipt by the Commission. A 
revocation notice is not given a serial number, but must specify the 
number of the concurrence to be revoked and the name of the carrier in 
whose favor the concurrence was issued. It must be in the following 
format:

                            Revocation Notice

(Name of carrier ------------)
(Post office address ------------)
(Date) ----------------, 19--.

[[Page 135]]

Secretary,
Federal Communications Commission, Washington, D.C. 20554.
    Effective ----, 19-- FCC Concurrence No. --, issued by (Name of 
concurring carrier) in favor of (Name of issuing carrier) is hereby 
cancelled and revoked. Rates and regulations of (Name of concurring 
carrier) and its connecting carriers will thereafter be found in Tariff 
FCC No. -- issued by ---- (If the concurring carrier has ceased 
operations, the revocation notice must so indicate.)

 (Name of carrier)______________________________________________________
 By_____________________________________________________________________
 (Title)________________________________________________________________

                   Applications for Special Permission



Sec. 61.151  Scope.

    Sections 61.152 and 61.153 set forth the procedures to be followed 
by a carrier applying for a waiver of any of the rules in this part.

[55 FR 19173, May 8, 1990]



Sec. 61.152  Terms of applications and grants.

    Applications for special permission must contain:
    (a) A detailed description of the tariff publication proposed to be 
put into effect;
    (b) A statement citing the specific rules and the grounds on which 
waiver is sought;
    (c) A showing of good cause; and
    (d) A statement as to the date and method of filing the original of 
the application for special permission as required by Sec. 61.153(b) and 
the date and method of filing the copies required by Sec. 61.153 (a) and 
(c).

If approved, the carrier must comply with all terms and use all 
authority specified in the grant. If a carrier elects to use less than 
the authority granted, it must apply to the Commission for modification 
of the original grant. If a carrier elects not to use the authority 
granted within sixty days of its effective date, the original grant will 
be automatically cancelled by the Commission.

[55 FR 19173, May 8, 1990]



Sec. 61.153  Method of filing applications.

    (a) An application for special permission must be addressed to 
``Secretary, Federal Communication Commission, Washington, DC 20554.'' 
The date on which the application is received by the Secretary of the 
Commission (or the Mail Room where submitted by mail) is considered the 
official filing date.
    (b) In addition, for all special permission applications requiring 
fees as set forth at part 1, subpart G of this chapter, the issuing 
carriers must submit the original of the application letter (without 
attachments), FCC Form 155, and the appropriate fee to the Mellon Bank, 
Pittsburgh, PA at the address set forth in Sec. 1.1105. The carrier 
should submit these fee materials on the same date as the submission in 
paragraph (a).
    (c) In addition to the requirements set forth in paragraphs (a) and 
(b) of this section, the issuing carrier must send a copy of the 
application letter with all attachments to the Secretary, Federal 
Communications Commission and a separate copy with all attachments to 
the Chief, Tariff Review Branch. If a carrier applies for special 
permission to revise joint tariffs, the application must state that it 
is filed on behalf of all carriers participating in the affected 
service. Applications must be numbered consecutively in a series 
separate from FCC tariff numbers, bear the signature of the officer or 
agent of the carrier, and be in the following format:

Application No.

(Date)

Secretary
Federal Communications Commission
Washington, DC 20554.

Attention: Common Carrier Bureau (here provide the statements required 
by Sec. 61.152).

 (Exact name of carrier)________________________________________________

 (Name of officer or agent)_____________________________________________

 (Title of officer or agent)____________________________________________

[55 FR 19173, May 8, 1990]

     Adoption of Tariffs and Other Documents of Predecessor Carriers



Sec. 61.171  Adoption notice.

    When a carrier's name is changed, or its operating control 
transferred from one carrier to another in whole or in part, the 
successor carrier must file tariff revisions to reflect the name

[[Page 136]]

change. The successor carrier may either immediately reissue the entire 
tariff in its own name, or immediately file an adoption notice. Within 
35 days of filing an adoption notice, the successor must reissue the 
entire tariff in its own name. The reissued tariff must be numbered in 
the series of the successor carrier, and must contain all original pages 
without changes in regulations or rates. The transmittal letter must 
state the tariff is being filed to show a change in the carrier's name 
pursuant to Sec. 61.171 of the Commission's Rules. The adoption notice, 
if used, must read as follows:

    The (Exact name of successor carrier or receiver) here adopts, 
ratifies and makes its own in every respect, all applicable tariffs and 
amendments filed with the Federal Communications Commission by 
(predecessor) prior to (date).



Sec. 61.172  Changes to be incorporated in tariffs of successor carrier.

    When only a portion of properties is transferred to a successor 
carrier, that carrier must incorporate in its tariff the rates applying 
locally between points on the transferred portion. Moreover, the 
predecessor carrier must simultaneously cancel the corresponding rates 
from its tariffs, and reference the FCC number of the successor 
carrier's tariff containing the rates that will thereafter apply.

                               Suspensions



Sec. 61.191  Carrier to file supplement when notified of suspension.

    If a carrier is notified by the Commission that its tariff filing 
has been suspended, the carrier must file immediately a consecutively 
numbered supplement without an effective date, which specifies the 
schedules which have been suspended.



Sec. 61.192  Contents of supplement announcing suspension.

    (a) A supplement announcing a suspension by the Commission must 
specify the term of suspension imposed by the Commission.
    (b) A supplement announcing a suspension of either an entire tariff 
or a part of a tariff publication, must specify the applicable tariff 
publication effective during the period of suspension.



Sec. 61.193  Vacation of suspension order; supplements announcing same; etc.

    If the Commission vacates a suspension order, the affected carrier 
must issue a supplement or revised page stating the Commission's action 
as well as the lawful schedules.



PART 62--APPLICATIONS TO HOLD INTERLOCKING DIRECTORATES--Table of Contents




                                 General

Sec.
62.1  Scope and method of securing authorization.
62.2  Definitions.

                        Contents of Applications

62.11  Information required.
62.12  Information required for findings of common ownership.

                       Administrative Regulations

62.21  Signature.
62.22  Form of application; number of copies; size of paper, etc.
62.23  Additional or different positions with same companies.
62.24  Change in status; Commission to be informed.
62.25  Authorization to hold interlocking directorates in commonly owned 
          carriers.
62.26  Reporting requirements.

    Authority:  Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154. 
Interpret or apply sec. 212, 48 Stat. 1974, as amended; 47 U.S.C. 212.


    Source:  50 FR 31377, Aug. 2, 1985, unless otherwise noted.

                                 General



Sec. 62.1  Scope and method of securing authorization.

    No person may hold the position of officer or director in more than 
one carrier subject to the Communications Act of 1934, as amended, 
unless duly authorized to do so pursuant to the regulations set forth in 
this part:
    (a) Application must be made to hold interlocking positions with 
more than one carrier subject to the Act where any carrier sought to be 
interlocked has been found by the Commission to have market power and is 
therefore defined as a dominant carrier under 47 CFR part 61, or where 
any carrier has not yet been found to be non-dominant,

[[Page 137]]

except for cellular licensees in different geographic markets.
    (b) Persons seeking positions as officers or directors of (1) 
cellular radio licensees in different geographic markets; (2) carriers 
which have been found to be non-dominant; and (3) holding or parent 
companies of carriers, are authorized to serve in those capacities 
without making application to this Commission.

[51 FR 6116, Feb. 20, 1986]



Sec. 62.2  Definitions.

    As used in this part, the term:
    (a) Officer or director shall include the duties, or any of the 
duties, ordinarily performed by a director, president, vice president, 
secretary, treasurer, or other officer of a carrier, such as general 
counsel, general solicitor, general attorney, comptroller, general 
auditor, general manager, general commercial manager, chief engineer, 
general superintendent, general land and tax agent, or chief purchasing 
agent;
    (b) Interlocking director shall mean a person who performs the 
duties of ``officer of director'' in more than one carrier subject to 
the Communications Act of 1934, as amended; and
    (c) Commonly owned carriers shall mean two or more carriers, one of 
which directly or indirectly owns more than 50 percent of the stock of 
the other carrier or carriers, or 50 percent or more of whose stock is 
owned directly or indirectly by the same person.

                        Contents of Applications



Sec. 62.11  Information required.

    Each application shall include the following information:
    (a) The full name, occupation, and business address of the 
applicant.
    (b) With respect to each carrier of which the applicant is an 
officer or director or seeks to be an officer of director, indicate the 
applicant's position, the nature of the applicant's duties, the date 
applicant assumed or will assume such duties, and specify every common 
carrier in which applicant has a financial interest, together with a 
description thereof.
    (c) Provide a full explanation of the reasons why grant of the 
authority sought will not adversely affect either public or private 
interests. In this regard, address whether grant of the permission 
requested could result in anticompetitive conduct by carriers covered by 
the request or by carriers upon which applicant already acts as officer 
or director, diminution in the independence of each carrier, or 
potential conflicts of interests on the part of common directors or 
officers in violation of their fiduciary duties. Set forth any steps 
which will be taken by the applicant to safeguard against such 
occurrences.
    (d) State whether the applicant has, as director or officer of any 
carrier subject to the Act, received for his own benefit, directly or 
indirectly, any money or thing of value in respect of negotiation, 
hypothecation, or sale of any securities issued or to be issued by such 
carriers, or has shared in any of the proceeds thereof, or has 
participated in the making or paying of any dividends of such carrier 
from any funds properly included in capital accounts.



Sec. 62.12  Information required for findings of common ownership.

    Authorization to hold interlocking directorates based upon a finding 
of common ownership must be obtained where a carrier found to be 
dominant under 47 CFR part 61 or where any carrier not yet found to be 
non-dominant is involved. Each application for such authorization shall 
state the following:
    (a) The name and address of the carrier which seeks a finding that 
it owns more than 50 percent of the stock of another or other carriers; 
or the name and address of the person who seeks a finding that he owns 
50 percent or more of the stock of two or more carriers; and
    (b) The name and address of each carrier with respect to which the 
finding is sought by the applicant; for each such carrier, the total 
number of outstanding shares of stock of each category (common, 
preferred, etc.); the voting rights of each category; for each category, 
the number of shares directly or indirectly owned by the applicant and 
the percentage of the total number of outstanding shares in each 
category so owned. Where ownership is indirect,

[[Page 138]]

the applicant shall submit information regarding each intermediate 
entity involved to show that the applicant is the owner of the stock 
described.

[50 FR 31377, Aug. 2, 1985, as amended at 51 FR 6116, Feb. 20, 1986]

                       Administrative Regulations



Sec. 62.21  Signature.

    (a) The original application filed pursuant to Sec. 62.11, and any 
amendment or change in status, shall be signed by the individual 
applicant.
    (b) The original application filed pursuant to Sec. 62.12 should be 
signed by the applicant, if an individual, or by a duly authorized 
officer, if a company or corporation.



Sec. 62.22  Form of application; number of copies; size of paper, etc.

    The original application and two copies thereof shall be filed with 
the Commission. Each copy shall bear the dates and signatures that 
appear on the original and shall be complete in itself, but the 
signatures on the copies may be stamped or typed. The application shall 
be submitted in typewritten or printed form, on paper not more than 8 
and \1/2\ inches wide and not more than 11 inches long, with a left-hand 
margin of approximately 1 and \1/2\ inches, and if typewritten, the 
impression must be on only one side of the paper and must be doubled 
spaced.

[52 FR 5294, Feb. 20, 1987]



Sec. 62.23  Additional or different positions with same companies.

    If an applicant has been authorized by the Commission upon 
application filed pursuant to Sec. 62.11 to hold certain positions as 
officer or director of certain carriers and is subsequently elected or 
appointed, or anticipates election or appointment, to additional or 
different positions with one or more of the same carriers, he may report 
the change in the manner and form provided in Sec. 62.24 relating to 
``change in status''. Authorization for the holding of such additional 
or different positions shall be deemed granted as of the 15th day 
following the filing of such report, unless within that time the 
Commission shall call upon the applicant for additional information or 
for the filing of a formal application.



Sec. 62.24  Change in status; Commission to be informed.

    Should any change occur in the status as reported under this part, 
the applicant shall report such change to the Commission within 30 days 
after such change occurs.



Sec. 62.25  Authorization to hold interlocking directorates in commonly owned carriers.

    After the Commission has found upon application filed pursuant to 
Sec. 62.12 that two or more carriers are commonly owned carriers, any 
duly designated person is authorized hereby to be an interlocking 
director of two or more such carriers. However, the authorization herein 
granted to any interlocking director shall be automatically canceled 
with respect to any position held in any such carrier which at any time 
ceases to be a commonly owned carrier, without notice thereof by the 
Commission, either to the interlocking director, to the carrier, or to 
the person upon whose application a finding of common ownership was 
made. In event of such cancellation, the interlocking director shall 
immediately cease and desist from acting in that capacity with respect 
to the carrier which has ceased to be a commonly owned carrier until 
such time as appropriate authorization is obtained pursuant to this 
part.



Sec. 62.26  Reporting requirements.

    All persons holding interlocking positions on more than one carrier 
subject to the Act, including positions upon a parent or holding company 
of a carrier, shall report to the Commission within 30 days of 
assumption of the interlocking positions, including the title of the 
position(s) held for each carrier (or holding or parent company of a 
carrier) represented. This subsection shall also apply to positions upon 
connecting carriers as defined in 47 U.S.C. 153(u), so long as the 
interlock with the connecting carriers) also involves positions upon a 
fully subject carrier. This subsection shall not apply to persons who

[[Page 139]]

must file applications pursuant to Secs. 62.1(a), 62.12, and 62.25 
hereof.

[50 FR 31377, Aug. 2, 1985, as amended at 51 FR 6116, Feb. 20, 1986]



   PART 63--EXTENSION OF LINES AND DISCONTINUANCE, REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS--Table of Contents





                       Extensions and Supplements

Sec.
63.01  Contents of applications for domestic common carriers.
63.02  Special provisions relating to extensions involving small 
          projects.
63.03  Special provisions relating to small projects for supplementing 
          of facilities.
63.04  Special provisions relating to temporary or emergency service.
63.05  Commencement and completion of construction for domestic common 
          carriers.
63.06  Authority for supplementing facilities under approved annual 
          program plan.
63.07  Special procedures for non-dominant domestic common carriers.
63.08  Lines outside of a carrier's exchange telephone service area.
63.10  Regulatory classification of U.S. international carriers.
63.11  Notification by and prior approval for U.S. international 
          carriers that have or propose to acquire ten percent 
          investments by, and/or an affilation with, a foreign carrier.
63.12  Streamlined processing of certain international facilities-based 
          and resale applications.
63.13  Streamlined procedures for modifying regulatory classification of 
          U.S. international carriers from dominant to nondominant.
63.14  Prohibition on agreeing to accept special concessions.
63.15  Special procedures for international service providers.
63.17  Special provisions for U.S. international common carriers.
63.18  Contents of applications for international common carriers.
63.19  Special procedures for discontinuances of international services.
63.20  Copies required; fees; and filing periods for international 
          service providers.
63.21  Conditions applicable to international Section 214 
          authorizations.

    General Provisions Relating to All Applications Under Section 214

63.50  Amendment of applications.
63.51  Additional information.
63.52  Copies required; fees; and filing periods for domestic 
          authorizations.
63.53  Form.

            Discontinuance, Reduction, Outage and Impairment

63.60  Definitions.
63.61  Applicability.
63.62  Type of discontinuance, reduction, or impairment of telephone or 
          telegraph service requiring formal application.
63.63  Emergency discontinuance, reduction, or impairment of service.
63.65  Closure of public toll station where another toll station of 
          applicant in the community will continue service.
63.66  Closure of or reduction of hours of service at telephone 
          exchanges at military establishments.
63.71  Special procedures for discontinuance, reduction or impairment of 
          service by domestic non-dominant carriers.
63.90  Publication and posting of notices.
63.100  Notification of service outage.

                   Contents of Applications; Examples

63.500  Contents of applications to dismantle or remove a trunk line.
63.501  Contents of applications to sever physical connection or to 
          terminate or suspend interchange of traffic with another 
          carrier.
63.504  Contents of applications to close a public toll station where no 
          other such toll station of the applicant in the community will 
          continue service and where telephone toll service is not 
          otherwise available to the public through a telephone exchange 
          connected with the toll lines of a carrier.
63.505  Contents of applications for any type of discontinuance, 
          reduction, or impairment of telephone service not specifically 
          provided for in this part.
63.601  Contents of applications for authority to reduce the hours of 
          service of public coast stations under the conditions 
          specified in Sec. 63.70.

    Request for Designation as a Recognized Private Operating Agency

63.701  Contents of application.
63.702  Form.

    Authority:  47 U.S.C. 151, 154(i), 154(j), 201-205, 218, 403 and 
533, unless otherwise noted.

    Source:  28 FR 13229, Dec. 5, 1963, unless otherwise noted.

[[Page 140]]

                       Extensions and Supplements



Sec. 63.01  Contents of applications for domestic common carriers.

    Except as otherwise provided in this part, any party proposing to 
undertake any construction of a new line, extension of any line, 
acquisition, lease, or operation of any line or extension thereof or 
engage in transmission over or by means of such line, and such line 
originates and terminates in the United States, for which authority is 
required under the provisions of Section 214 of the Communications Act 
of 1934, as amended, shall request such authority by formal application 
which shall be accompanied by a statement showing how the proposed 
construction, etc., will serve the public interest, convenience, and 
necessity. Such statement must include the following information as 
applicable:
    (a) The name and address of each applicant;
    (b) The Government, State, or Territory under the laws of which each 
corporate applicant is organized;
    (c) The name, title, and post office address of the officer to whom 
correspondence concerning the application is to be addressed;
    (d) A statement as to whether the applicant is a carrier subject to 
section 214 of the Act or will become such a carrier as a result of the 
proposed construction, acquisition, or operation;
    (e) A statement as to whether the facilities covered by the 
application will be used to extend communication service into territory 
at present not directly served by the applicant or to supplement 
existing facilities of the applicant, and the nature and classification 
of the communication services to be provided (e.g. telephone, telegraph, 
facsimile, data, private line, voice, television relay, etc.);
    (f) The points between which the proposed facilities are to be 
located;
    (g) A description of applicant's existing facilities between these 
points, showing specifically the total number of channels presently 
provided between major points on each principal route;
    (h) A description of the facilities for which authority is 
requested, including:
    (1) The number of channels of each type to be provided by such 
facilities;
    (2) The number, if any, of wires, conductors, and coaxial units of 
each type (not equipped for immediate operation) capable of providing 
additional channels of communication only by the construction of 
additional apparatus, equipment, or other facilities;
    (3) The types of classes of toll telephone or telegraph offices to 
be established;
    (i) Applicant's present and estimated future requirements, both for 
the route of the proposed facilities and for routes from which any 
rerouting to the proposed facilities is contemplated within the period 
of the estimate. Where 60 domestic circuits or more are to be derived 
from the proposed construction, acquisition, or lease, list the 
principal circuit groups currently operated, the number of circuits in 
each group, and the estimate number of circuits required in each group 
to meet the load demands for the ensuing one year, two year, or five 
year period, as may be appropriate in order to provide adequate 
justification for said increases, including current traffic load trends, 
as indicated by periodic traffic load studies.
    (j) A map or sketch showing:
    (1) Route of proposed project;
    (2) Type and ownership of structures (open wire, aerial cable, 
underground cable, carrier systems, etc.);
    (3) Facilities, if any, to be removed;
    (4) Cities, towns, and villages along routes indicated on map or 
sketch, with approximate population of each, and route kilometers 
between the principal points;
    (5) Location of important operating centers, and repeater or relay 
points;
    (6) State boundary lines through which the proposed facilities will 
extend;
    (7) Topographical features which may require special consideration 
or entail added cost;
    (k) One or more of the following statements, as pertinent:
    (1) If proposed facilities are to be constructed, the details 
thereof, including summary of cost estimates separately by Plant 
Accounts affected (in case of construction by or for two or more 
parties, the quantities of facilities of each kind acquired by each and

[[Page 141]]

the cost attributed thereto), quantities and cost of major materials; 
and amount of labor and cost thereof;
    (2) If proposed facilities are to be leased, the details thereof, 
including the name of the lessor, a summary of the terms of the lease 
arrangements (or a copy of the lease), the anticipated lease rental, 
setting up charges, added equipment costs, and each other added cost to 
the applicant;
    (3) If proposed facilities are to be purchased, the name of the 
vendor; a detailed description of all the properties involved including 
assets other than plant being acquired in connection with the same 
transaction; a complete description of the contractual arrangements 
relating to the sale or a copy of the contract; added equipment cost and 
each other added cost to the applicant; a statement of the original cost 
of, and the related reserve requirement for depreciation applicable to, 
the plant to be acquired (with a full explanation of the manner in which 
these amounts were determined) including, when appropriate, a separate 
statement of such amounts applicable to duplicate or other plant which 
will be retired by the vendee in the reconstruction of the acquired 
property or its consolidation with previously owned property; and a 
statement of the estimated annual savings in expenses expected to result 
from the proposed acquisition;
    (4) If facilities are to be acquired or operated other than by lease 
or purchase a detailed description of the facilities involved; the terms 
of the contract or other arrangement relating to such acquisition or 
operation; added equipment costs; and each other added cost to the 
applicant;
    (l) A summary of the factors showing the public need for the 
proposed facilities;
    (m) Economic justification for the proposed project including, where 
the application involves an extension into new territory at present not 
directly served by the applicant, estimated added revenues and costs and 
the basis therefor;
    (n) Description of the manner and means by which interstate and 
foreign communication services of a similar character are now being 
rendered by the applicant and others in the area to be served by the 
proposed facilities, including reasons why existing facilities are 
inadequate;
    (o) Proposed tariff charges and regulations for domestic 
applications;
    (p) A statement of the accounting proposed to be performed in 
connection with the project. If the facilities are to be acquired by 
purchase, such proposed accounting shall be presented in journal entry 
form (on an estimated basis if actual amounts are not available), 
together with a full explanation of the manner in which the respective 
amounts were determined.
    (q) A statement whether an authorization of the facilities is 
categorically excluded as defined by Sec. 1.1306 of the Commission's 
rules. If answered affirmatively, an environmental assessment as 
described in Sec. 1.1311 need not be filed with the application.

[28 FR 13229, Dec. 5, 1963, as amended at 41 FR 20661, May 20, 1976; 45 
FR 6585, Jan. 29, 1980; 50 FR 18659, May 2, 1985; 51 FR 15003, Apr. 22, 
1986; 57 FR 647, Jan. 8, 1992; 57 FR 57965, Dec. 8, 1992; 58 FR 44461, 
Aug. 23, 1993; 58 FR 44906, Aug. 25, 1993; 61 FR 15727, Apr. 9, 1996]



Sec. 63.02  Special provisions relating to extensions involving small projects.

    Applications involving extension of service into domestic territory 
at present not directly served by the applicant by the construction, 
acquisition, or operation of facilities, the cost of which to the 
applicant does not exceed $50,000 or the annual rental of which does not 
exceed $10,000, may omit the information called for by Sec. 63.01 that 
is clearly not relevant to such extension. (Normally the information 
required by Sec. 63.01 (h)(1), (h)(2), (i), (j), and (k)(1) may be 
omitted.) At minimum, the application shall contain a general 
description of the existing and proposed facilities, points of service, 
and cost.


(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303)

[41 FR 20661, May 20, 1976]

[[Page 142]]



Sec. 63.03  Special provisions relating to small projects for supplementing of facilities.

    (a) Facilities authorized under this section are limited to those 
that supplement existing facilities. Excluded from consideration under 
this section are applications that would involve:
    (1) A new or modified service;
    (2) One or more points of service not previously authorized to the 
applicant for the type of service involved;
    (3) New transmission facilities (excluding supplemental radio 
transmitters) over which applicant has not previously received authority 
under part 63;
    (4) An action that may have a significant impact upon the 
environment, see Sec. 1.1307 of this chapter.
    (5) International channels exceeding 60 64-kilobit per second 
circuits; or
    (6) Domestic channels where the construction or acquisition cost 
exceeds $2,000,000 or where the annual rental exceeds $500,000.
    (b) Applications submitted under this section shall be clearly 
identified as requesting authority pursuant to this section and the 
original shall be accompanied by two copies. The application shall 
contain a statement showing how the proposed acquisition, lease, 
operation or construction would serve the public interest, convenience, 
and necessity. Such statement must include information concerning:
    (1) The terminal communities between which the proposed facilities 
are to be located;
    (2) A statement as to the type of communications services which will 
be provided on the proposed facilities;
    (3) The need for the proposed construction, acquisition, lease or 
operation;
    (4) A description of the proposed facilities giving the number of 
each type of communication channel to be provided thereby;
    (5) The estimated construction cost, annual rental, or purchase 
price, as appropriate for the proposed facilities;
    (6) The route kilometers of the facilities involved (excluding 
leased facilities) and airline kilometers between terminal communities 
in the proposed project; and
    (7) The accounting to be performed by the carrier with respect to 
the proposed project.
    (c) In addition to the requirements of paragraph (b) of this 
section, applications involving overseas circuits shall:
    (1) Cite by file number and date of adoption a currently effective 
Commission Order granted pursuant to Sec. 63.01 granting the applicant 
authority to acquire like facilities for the provision of service 
between the points for which authority for additional circuitry is being 
requested. Where the applicant has been granted a currently effective 
authorization (Blanket Order) which specifies in an appendix to that 
Commission Order all or most of the facilities of a specific type (e.g. 
satellite circuits provided by satellites over a given ocean basin, 
circuits in a single submarine cable system, etc.), the applicant has 
been authorized to use to serve the ocean basin, area or country to 
which applicant is seeking to acquire supplemental facilities, the 
applicant shall cite that authorization.
    (2) Contain a specific statement that applicant will construct, 
acquire and/or operate the requested facilities in accordance with the 
terms and conditions of the Order cited pursuant to paragraph (c)(1) of 
this section.
    (3) When the Commission Order cited pursuant to paragraph (c)(1) of 
this section is a Blanket Authorization, applicant shall submit a 
revised Appendix showing the changes thereto which will occur on grant 
of its application.
    (d) Such supplementing of facilities shall be deemed to have been 
authorized by the Commission effective as of the 21st day following the 
date the application appears on public notice unless on or before the 
21st day the Commission shall notify the applicant to the contrary. 
Where supplemental facilities are authorized under this section, they 
shall be considered subject to the same terms and conditions, if any, 
that the Commission has imposed upon a prior authorization which is 
being supplemented.
    (e) Any carrier may request continuing authority, subject to 
termination by the Commission at any time upon 10 days' notice to the 
carrier, to commence small projects for the supplementing of existing 
facilities.

[[Page 143]]

Such an application shall set forth the need for such authority; 
however, it shall not be considered granted pursuant to paragraph (d) of 
this section. Upon authorization of such continuing authority by the 
Commission, the carrier may commence small projects subject to the 
limitations set forth in paragraph (a) of this section, except that the 
construction, installation and acquisition cost for each project shall 
be limited to $70,000 or an annual rental of $14,000. Not later than the 
30th day following the end of each calender year covered by such 
authority, the carrier shall file a report in writing on the projects 
commenced pursuant to continuing authority except that carriers planning 
to file an application under an approved annual program, see Sec. 63.06, 
shall file their report as an exhibit to the annual application. The 
report shall make reference to this paragraph and set forth, with 
respect to each project (construction, installation, acquisition, lease 
including any renewal thereof, and operation) which was commenced 
thereunder, the following information:
    (1) The type of facility constructed, installed, acquired, or 
leased;
    (2) The route kilometers thereof (excluding leased facilities);
    (3) The terminal communities served and airline kilometers between 
such communities;
    (4) The cost thereof, including construction, installation, 
acquisition, or lease; and
    (5) When appropriate, the name of the lessor company and the dates 
of commencement and termination of the lease.


(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303)

[41 FR 20661, May 20, 1976, as amended at 49 FR 22818, June 1, 1984; 55 
FR 20397, May 16, 1990; 58 FR 44461, Aug. 23, 1993; 58 FR 44906, Aug. 
25, 1993]



Sec. 63.04  Special provisions relating to temporary or emergency service.

    (a) For the purpose of this section the following definitions shall 
apply:
    (1) Temporary service shall mean service for a period not exceeding 
6 months;
    (2) Emergency service shall mean service for which there is an 
immediate need occasioned by conditions unforeseen by, and beyond the 
control of, the carrier.
    (b) Requests for immediate authority for temporary service or for 
emergency service may be made by letter or telegram setting forth why 
such immediate authority is required, the nature of the emergency, the 
type of facilities proposed to be used, the route kilometers thereof, 
the terminal communities to be served, and airline kilometers between 
such communities; how these points are presently being served by the 
applicant or other carriers, the need for the proposed service, the cost 
involved including any rentals, the date on which the service is to 
begin, and where known, the date or approximate date on which the 
service is to terminate.
    (c) Without regard to the other requirements of this part, and by 
application setting forth the need therefor, any carrier may request 
continuing authority, subject to termination by the Commission at any 
time upon 10 days' notice to the carrier, to provide temporary or 
emergency service by the construction or installation of facilities 
where the estimated construction, installation, and acquisition costs do 
not exceed $35,000 or an annual rental of not more than $7,000 provided 
that such project does not involve a major action under the Commission's 
environmental rules. (See subpart I of part 1 of this chapter.) Any 
carrier to which continuing authority has been granted under this 
paragraph shall, not later than the 30th day following the end of each 
6-month period covered by such authority, file with the Commission a 
statement in writing making reference to this paragraph and setting 
forth, with respect to each project (construction, installation, lease, 
including any renewals thereof), which was commenced or, in the case of 
leases, entered into under such authority, and renewal or renewals 
thereof which were in continuous effect for a period of more than one 
week, the following information:
    (1) The type of facility constructed, installed, or leased;
    (2) The route kilometers thereof (excluding leased facilities);

[[Page 144]]

    (3) The terminal communities served and the airline kilometers 
between terminal communities in the proposed project;
    (4) The cost thereof, including construction, installation, or 
lease;
    (5) Where appropriate, the name of the lessor company, and the dates 
of commencement and termination of the lease.
    (d)(1) A request may be made by any carrier for continuing authority 
to lease and operate, during any emergency when its regular facilities 
become inoperative or inadequate to handle its traffic, facilities or 
any other carrier between points between which applicant is authorized 
to communicate by radio for the transmission of traffic which applicant 
is authorized to handle.
    (2) Such request may be made by letter or telegram making reference 
to this paragraph and setting forth the points between which applicant 
desires to operate facilities of other carriers and the nature of the 
traffic to be handled thereover.
    (3) Continuing authority for the operation thereafter of such 
alternate facilities during emergencies shall be deemed granted 
effective as of the 21st day following the filing of the request unless 
on or before that date the Commission shall notify the applicant to the 
contrary: provided, however, Applicant shall, not later than the 30th 
day following the end of each quarter in which it has operated 
facilities of any other carrier pursuant to authority granted under this 
paragraph, file with the Commission a statement in writing making 
reference to this paragraph and describing each occasion during the 
quarter when it has operated such facilities, giving dates, points 
between which such facilities were located, hours or minutes used, 
nature of traffic handled, and reasons why its own facilities could not 
be used.


(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303)

[28 FR 13229, Dec. 5, 1963, as amended at 41 FR 20662, May 20, 1976; 58 
FR 44906, Aug. 25, 1993]



Sec. 63.05  Commencement and completion of construction for domestic common carriers.

    Unless otherwise determined by the Commission upon proper showing in 
any particular case, in the event construction shall not have been begun 
upon a project involving an expenditure of more than $500,000, or where 
facilities authorized have not been leased or acquired, within 12 months 
from the date of the Commission's authorization, or all or part of the 
proposed facilities shall not have been placed in operation within 36 
months after such date, such authorization shall terminate at the end of 
such 12 or 36 months' period, as the case may be; in the case of 
projects involving an expenditure of $500,000 or less, the authorization 
therefor shall terminate at the end of 9 months or 18 months, as the 
case may be, in the event construction thereof shall not have been 
commenced, or the facilities placed in operation, within such respective 
periods.


(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303)

[41 FR 20662, May 20, 1976]



Sec. 63.06  Authority for supplementing facilities under approved annual program plan.

    Any carrier may submit to the Commission a procedure pursuant to 
which such carrier proposes to request authority covering an annual 
program of projects for the supplementing of its existing facilities. 
After approval of such proposed procedure by the Commission, such 
carrier may request such authority in accordance with such procedure in 
lieu of filing separate applications for individual projects pursuant to 
Secs. 63.01 and 63.03.



Sec. 63.07  Special procedures for non-dominant domestic common carriers.

    (a) Any party that would be a non-dominant domestic interstate 
communications common carrier is authorized to provide domestic, 
interstate services to any domestic point and to construct, acquire, or 
operate any transmission line as long as it obtains all necessary 
authorizations from the

[[Page 145]]

Commission for use of radio frequencies.
    (b) Non-dominant, facilities-based domestic common carriers subject 
to this section shall not engage in any construction or extension of 
lines that may have a significant effect on the environment as defined 
in Sec. 1.1307 of this chapter without prior compliance with the 
Commission's environmental rules. See 1.1312 of this chapter.

[49 FR 34831, Sept. 4, 1984, as amended at 56 FR 13414, Apr. 2, 1991; 62 
FR 5165, Feb. 4, 1997]



Sec. 63.08  Lines outside of a carrier's exchange telephone service area.

    (a) An exchange telephone common carrier or its affiliate is not 
required to file for authority pursuant to 47 U.S.C. 214 and 47 CFR 
63.01 to provide lines, or for existing lines, outside of the exchange 
telephone service area of that carrier and any of its affiliates when 
the lines are:
    (1) For its non-common carrier services; or
    (2) Sold to an unaffiliated party.
    (b) If a nondominant common carrier and its affiliates are not 
affiliated with an exchange telephone common carrier, the nondominant 
carrier or its affiliate is not required to file for authority pursuant 
to 47 U.S.C. 214 and 47 CFR 63.01 to provide lines, or for existing 
lines, of the types described in paragraph (a) of this section between 
any domestic points. ``Nondominant'' is defined as in Sec. 61.15(a) of 
this chapter.
    (c) A common carrier or its affiliate is not required to file for 
authority pursuant to 47 U.S.C. 214 and Sec. 63.01 to discontinue, 
reduce, or impair other non-common carrier service.
    (d) A common carrier's costs of providing lines for non-common 
carrier offerings and costs of providing such offerings must be entered 
on books of account separate from those for its common carrier services.
    (e) As used above, the term ``affiliate'' bars any financial or 
business relationship whatsoever by contract or otherwise, directly or 
indirectly between the carrier and the customer, except only the 
carrier-user relationship.

    Note to Paragraph (e): Examples of situations in which a carrier and 
its customer will be deemed to be controlled or having a relationship 
include the following, among others: Where one is the debtor or creditor 
of the other (except with respect to charges for communication 
services); where they have a common officer, director, or other employee 
at the management level; where there is any element of ownership or 
other financial interest by one in the other; and where any part has a 
financial interest in both.

[49 FR 21335, May 21, 1984, as amended at 61 FR 10476, Mar. 14, 1996]



Sec. 63.10  Regulatory classification of U.S. international carriers.

    (a) Unless otherwise determined by the Commission, any party 
authorized to provide an international communications service under this 
part shall be classified as either dominant or nondominant for the 
provision of particular international communications services on 
particular routes as set forth in this section. The rules set forth in 
this section shall also apply to determinations of regulatory status 
pursuant to Secs. 63.11 and 63.13. For purposes of paragraphs (a)(1) 
through (a)(3) of this section, ``affiliation'' and ``foreign carrier'' 
are defined as set forth in Sec. 63.18(h)(1) (i) and (ii), respectively.
    (1) A U.S. carrier that has no affiliation with, and that itself is 
not, a foreign carrier in a particular country to which it provides 
service (i.e., a destination country) will presumptively be considered 
non-dominant for the provision of international communications services 
on that route;
    (2) A U.S. carrier that is, or that has or acquires an affiliation 
with a foreign carrier that is a monopoly in a destination country will 
presumptively be classified as dominant for the provision of 
international communications services on that route; and
    (3) A U.S. carrier that is, or that has or acquires an affiliation 
with a foreign carrier that is not a monopoly in a destination country 
and that seeks to be regulated as non-dominant on that route bears the 
burden of submitting information to the Commission sufficient to 
demonstrate that its foreign affiliate lacks the ability to discriminate 
against unaffiliated U.S. carriers through control of bottleneck 
services or facilities in the destination country. Such a demonstration 
should address the factors that relate to the scope or

[[Page 146]]

degree of the foreign affiliate's bottleneck control, including those 
listed in Sec. 63.18(h)(8).
    (4) A carrier that is authorized under this part to provide to a 
particular destination country a particular international communications 
service, and that provides such service solely through the resale of an 
unaffiliated U.S. facilities-based carrier's international switched 
services (either directly or indirectly through the resale of another 
U.S. resale carrier's international switched services), shall 
presumptively be classified as nondominant for the provision of the 
authorized service. The existence of an affiliation with a U.S. 
facilities-based international carrier shall be assessed in accordance 
with the definition of affiliation contained in Sec. 63.18(h)(1)(i), 
except that the phrase ``U.S. facilities-based international carrier'' 
shall be substituted for the phrase ``foreign carrier.''
    (b) Any party that seeks to defeat the presumptions in paragraphs 
(a)(1), (a)(2) and (a)(4) of this section shall bear the burden of proof 
upon any issue it raises as to the proper classification of the U.S. 
carrier.
    (c) Any carrier classified as dominant for the provision of 
particular services on particular routes under this section shall comply 
with the following requirements in its provision of such services on 
each such route:
    (1) File international service tariffs on 14-days notice without 
cost support;
    (2) Maintain complete records of the provisioning and maintenance of 
basic network facilities and services procured from its foreign carrier 
affiliate or from an allied foreign carrier, including, but not limited 
to, those it procures on behalf of customers of any joint venture for 
the provision of U.S. basic or enhanced services in which the U.S. and 
foreign carrier participate, which information shall be made available 
to the Commission upon request;
    (3) Obtain Commission approval pursuant to Sec. 63.18 before adding 
or discontinuing circuits; and
    (4) File quarterly reports of revenue, number of messages, and 
number of minutes of both originating and terminating traffic within 90 
days from the end of each calendar quarter.

[57 FR 57966, Dec. 8, 1992, as amended at 60 FR 67337, Dec. 29, 1995; 61 
FR 15727, Apr. 9, 1996]



Sec. 63.11  Notification by and prior approval for U.S. international carriers that have or propose to acquire ten percent investments by, and/or an affiliation 
          with, a foreign carrier.

    (a) Any carrier authorized to provide international communications 
service under this part that, as of the effective date of this rule as 
amended in IB Docket No. 95-22, is, or has an affiliation with, a 
foreign carrier within the meaning of Sec. 63.18 (h)(1)(i)(A) or 
(h)(1)(i)(B), or that as of such date knows of an existing ten percent 
or greater interest, whether direct or indirect, in the capital stock of 
the authorized carrier by a foreign carrier, or that after the effective 
date of this rule becomes affiliated with a foreign carrier within the 
meaning of Sec. 63.18(h)(1)(i)(A), shall notify the Commission within 
thirty days of the effective date of this rule or within thirty days of 
the acquisition of the affiliation, whichever occurs later. For purposes 
of this section, ``foreign carrier'' is defined as set forth in 
Sec. 63.18(h)(1)(ii).
    (1) The notification shall certify to the information specified in 
paragraph (c) of this section.
    (2) Any carrier that has previously notified the Commission of an 
affiliation with a foreign carrier, as defined by Sec. 63.18(h)(1) 
immediately prior to the rule's amendment in IB Docket No. 95-22, need 
not notify the Commission again of the same affiliation.
    (b) Any carrier authorized to provide international communications 
service under this part that knows of a planned investment by a foreign 
carrier of a ten percent or greater interest, whether direct or 
indirect, in the capital stock of the autorized carrier shall notify the 
Commission sixty days prior to the acquisition of such interest. Any 
such authorized carrier shall report a ten percent or greater planned 
investment in the capital stock of the carrier by a foreign carrier, or 
by any entity that directly or indirectly controls or is controlled by a 
foreign carrier, or that

[[Page 147]]

is under direct or indirect common control with a foreign carrier. The 
notification shall certify to the information specified in paragraph (c) 
of this section. Carriers that have filed a notification pursuant to 
this paragraph are required to maintain the accuracy of the initial 
filing by notifying the Commission of additional investment interests by 
the foreign carrier or an affiliated company.
    (c) The notification required under paragraphs (a) and (b) of this 
section shall contain a list of all affiliated foreign carriers and 
shall state individually the country or countries in which the foreign 
carriers named in paragraphs (a) and (b) of this section are authorized 
to provide telecommunications services offered to the public. It shall 
additionally specify which, if any, of these countries the U.S. carrier 
is authorized to serve under this part; what services it is authorized 
to provide to each such country; and the FCC File No. under which each 
such authorization was granted.
    (1) The carrier also should specify, where applicable, those 
countries named in paragraph (c) of this section for which it provides a 
specified international communications service solely through the resale 
of the international switched or private line services of U.S. 
facilities-based carriers with which the resale carrier does not have an 
affiliation. Such an affiliation is defined in Sec. 63.18(h)(1)(i), 
except that the phrase ``U.S. facilities-based international carrier'' 
shall be substituted for the phrase ``foreign carrier.''
    (2) The carrier shall also submit with its notification:
    (i) The ownership information as required to be submitted pursuant 
to Sec. 63.18(h)(2);
    (ii) Where the carrier is authorized as a private line reseller on a 
particular route for which it has an affiliation with a foreign carrier, 
as defined in Sec. 63.18(h)(1)(i), a certification as required to be 
submitted pursuant to Sec. 63.18(h)(4); and
    (iii) A ``special concessions'' certification as required to be 
submitted pursuant to Sec. 63.18(i).
    (3) The carrier is responsible for the continuing accuracy of the 
certifications provided under this section. Whenever the substance of 
any certification provided under this section is no longer accurate, the 
carrier shall as promptly as possible, and in any event within thirty 
days, file with the Secretary in duplicate a corrected certification 
referencing the FCC File No. under which the original certification was 
provided, except that the carrier shall immediately inform the 
Commission if at any time the representations in the ``special 
concessions'' certification provided under paragraph (c)(2)(iii) of this 
section are no longer true. See Sec. 63.18(i)(2). This information may 
be used by the Commission to determine whether a change in regulatory 
status may be warranted under Sec. 63.10.
    (d) Unless the carrier notifying the Commission of a foreign carrier 
affiliation under paragraph (a) of this section qualifies for the 
presumption of non-dominant regulation pursuant to Sec. 63.10(a)(4), it 
should submit the information specified in Sec. 63.18(h)(8) to retain 
its non-dominant status on any affiliated route.
    (e) The Commission will issue public notice of the submissions made 
under this section for 14 days.
    (1) In the case of a notification filed under paragraph (a) of this 
section, the Commission, if it deems it necessary, will by written order 
at any time before or after the submission of public comments impose 
dominant carrier regulation on the carrier for the affiliated routes 
based on the provisions of Sec. 63.10.
    (2) In the case of a planned investment by a foreign carrier of a 
ten percent or greater interest, whether direct or indirect, in the 
capital stock of the authorized carrier, the Commission will, unless it 
notifies the carrier in writing within 30 days of issuance of the public 
notice that the investment raises a substantial and material question of 
fact as to whether the investment serves the public interest, 
convenience and necessity, presume the investment to be in the public 
interest. If notified that the acquisition raises a substantial and 
material question, then the carrier shall not consummate the planned 
investment until it has filed an application under Sec. 63.18 and 
submitted the information specified

[[Page 148]]

under Sec. 63.18 (h) (6) or (7) as applicable, and Sec. 63.18(h)(8), and 
the Commission has approved the application by formal written order.

[60 FR 67338, Dec. 29, 1995, as amended at 61 FR 15727, Apr. 9, 1996; 62 
FR 32964, June 17, 1997]



Sec. 63.12  Streamlined processing of certain international facilities-based and resale applications.

    (a) Except as provided by paragraph (c) of this section, a complete 
application seeking authorization under Sec. 63.18(e) (1) and (2) to 
acquire facilities to provide international services shall be granted by 
the Commission 35 days after the date of public notice listing the 
application as accepted for filing.
    (b) Issuance of public notice of the grant shall be deemed the 
issuance of Sec. 214 certification to the applicant, which may commence 
operation on the 36th day after the date of public notice listing the 
application as accepted for filing, but only in accordance with the 
operations proposed in its application and the rules, regulations, and 
policies of the Commission.
    (c) The streamlined processing procedures provided by paragraphs (a) 
and (b) of this section shall not apply where:
    (1) The applicant seeks authority under either Sec. 63.18(e)(1) for 
global Sec. 214 authority to operate as a facilities-based carrier or 
Sec. 63.18(e)(2) to resell international services, and the applicant has 
an affiliation within the meaning of Sec. 63.18(h)(1)(i) with a 
facilities-based foreign carrier in a destination market, and the 
Commission has not yet made a determination as to whether that foreign 
carrier possesses market power in that market; or
    (2) The applicant has an affiliation within the meaning of 
Sec. 63.18(h)(1)(i) with a dominant U.S. facilities-based carrier whose 
international switched or private line services the applicant seeks 
authority to resell (either directly or indirectly through the resale of 
another reseller's services); or
    (3) The applicant seeks authority under Sec. 63.18(e)(2) to resell 
international private line services to a country for which the 
Commission has not determined as of the date of public notice of the 
application that equivalent resale opportunities exist between the 
United States and the destination country; or
    (4) The application is formally opposed within the meaning of 
Sec. 1.1202(e) of this chapter; or
    (5) The Commission has informed the applicant in writing, including 
by public notice, within 28 days after the date of public notice 
accepting the application for filing, that the application is not 
eligible for streamlined processing under this section.
    (d) Any complete application that is subject to paragraph (c) of 
this section will be acted upon only by formal written order and 
operation for which such authorization is sought may not commence except 
in accordance with such order.

    Note to paragraph (c): The term ``facilities-based carrier'' means 
one that holds an ownership, indefeasible-right-of-user, or leasehold 
interest in bare capacity in an international facility, regardless of 
whether the underlying facility is a common or non-common carrier 
submarine cable, or an INTELSAT or separate satellite system.

[61 FR 15728, Apr. 9, 1996]



Sec. 63.13  Streamlined procedures for modifying regulatory classification of U.S. international carriers from dominant to nondominant.

    (a) Any carrier that is authorized to provide an international 
communications service under this part and that was classified by the 
Commission as dominant for all international routes and services prior 
to the effective date of this rule due to the carrier's foreign 
ownership may apply to modify its regulatory status from dominant to 
nondominant for particular routes for the provision of international 
communications services in accordance with the provisions of this 
section.
    (1) Any such carrier may file a certified list of those routes it is 
authorized to serve for which it does not have an affiliation with a 
foreign carrier on the foreign end. For purposes of this paragraph 
affiliation and foreign carrier are defined as in Sec. 63.01(r)(1) (i) 
and (ii), respectively. The carrier shall file with its certified list 
the ownership information required by Sec. 63.01(r)(2).
    (2) Any such carrier may also file a certified list of those routes 
for which

[[Page 149]]

it has an affiliation with a foreign carrier (as defined in 
Sec. 63.01(r)(1) (i) and (ii)) but for which it provides a specified 
international communications service solely through the resale of the 
international switched or private line services of U.S. facilities-based 
carriers with which the resale carrier does not have an affiliation. 
Such an affiliation is defined as in Sec. 63.01(r)(1)(i), except that 
the phrase ``U.S. facilities-based international carrier'' shall be 
substituted for the phrase ``foreign carrier.''
    (3) Any carrier filing a certified list pursuant to paragraph (a)(2) 
of this section that resells international private line services on a 
particular named route for the provision of a particular named service 
must also be able to certify, and so certify, that its foreign carrier-
affiliate does not own or control telecommunications facilities on the 
foreign end of the route. For purposes of this paragraph, 
``telecommunications facilities'' are defined as in Sec. 63.18(h)(4).
    (4) Any carrier filing a certified list pursuant to paragraph (a)(2) 
of this section must also provide the ``special concessions'' 
certification as required to be submitted pursuant to Sec. 63.18(i).
    (5) Each carrier is responsible for the continuing accuracy of the 
certifications provided under paragraph (a) of this section. Whenever 
the substance of any certification provided under paragraphs (a)(2) or 
(a)(3) of this section is no longer accurate, the carrier shall as 
promptly as possible and in any event within 30 days file with the 
Secretary in duplicate a corrected certification referencing the FCC 
File No. under which the original certification was provided. This 
information may be used by the Commission to determine whether a change 
in regulatory status on a particular route may be warranted under 
Sec. 63.10. The carrier shall immediately inform the Commission if at 
any time the representations in the ``special concessions'' 
certification provided under paragraph (a)(4) of this section are no 
longer true. See Sec. 63.18(i)(2).
    (b) Except as provided in paragraph (c) of this section, a complete 
application submitted pursuant to the provisions of paragraph (a) of 
this section shall be granted by the Commission 45 days after the date 
of public notice listing the application as accepted for filing, and the 
carrier filing such application may begin operating on the 46th day in 
accordance with the regulatory status proposed in its application and 
with all rules, regulations, and policies of the Commission. The 
Commission will subsequently issue a written order ratifying the 
modification of the carrier's regulatory status.
    (c) The streamlined processing procedure provided by paragraph (b) 
of this section shall not apply where:
    (1) The application is formally opposed within the meaning of 
Sec. 1.1202(e) of this chapter; or
    (2) The Commission has informed the applicant in writing, within 45 
days after the date of public notice, that the application is not 
eligible for streamlined processing under this section and must be 
supplemented as set forth in paragraph (d) of this section.
    (d) Any party that desires to modify its regulatory status from 
dominant to nondominant pursuant to paragraph (a) of this section, but 
that does not qualify for streamlined processing under this section, 
must request such modification by filing a petition for declaratory 
ruling, or by including such request in an application filed under this 
part requesting authority to provide service on the particular route for 
which such modification is desired. Any such filing should include the 
information specified in Sec. 63.01(r)(7).

[57 FR 57967, Dec. 8, 1992, as amended at 61 FR 15728, Apr. 9, 1996]



Sec. 63.14  Prohibition on agreeing to accept special concessions.

    Any carrier authorized to provide international communications 
service under this part shall be prohibited from agreeing to accept 
special concessions directly or indirectly from any foreign carrier or 
administration with respect to traffic or revenue flows between the 
United States and any foreign country served under the authority of this 
part and from agreeing to enter into such agreements in the future. For 
purposes of this section, ``foreign carrier'' is defined as in

[[Page 150]]

Sec. 63.18(h)(1)(ii) and ``special concession'' is defined as in 
Sec. 63.18(i).

[61 FR 15728, Apr. 9, 1996]



Sec. 63.15  Special procedures for international service providers.

    (a) Any party seeking to construct, acquire or operate lines in any 
new major common carrier facility project or non-U.S. licensed satellite 
or cable system for the provision of international common carrier 
services shall file an application pursuant to Sec. 63.18(e)(6). If a 
carrier has global Section 214 authority pursuant to the provisions of 
Sec. 63.18(e)(1), and the carrier desires to use non-U.S. licensed 
facilities pursuant to the provisions of Sec. 63.18(e)(1)(ii)(B), this 
filing requirement does not apply.
    (b) Any non-dominant party certified to provide international resold 
private lines to a particular geographic market shall report its circuit 
additions on an annual basis. Circuit additions should indicate the 
specific services provided (e.g., IMTS or private line) and the country 
served. This report shall be filed on a consolidated basis not later 
than March 31 for the preceding calendar year.

[50 FR 48203, Nov. 22, 1985; 51 FR 2708, Jan. 21, 1986. Redesignated at 
57 FR 57966, Dec. 8, 1992, as amended at 60 FR 51368, Oct. 2, 1995; 61 
FR 15728, Apr. 9, 1996]



Sec. 63.17  Special provisions for U.S. international common carriers.

    (a) Unless otherwise prohibited by the terms of its Section 214 
certificate, a U.S. common carrier authorized under this part to provide 
international private line service, whether as a reseller or facilities-
based carrier, may interconnect its authorized private lines to the 
public switched network on behalf of an end user customer for the end 
user customer's own use.
    (b) Except as provided in paragraph (b)(5) of this section, a U.S. 
common carrier, whether a reseller or facilities-based, may engage in 
``switched hubbing'' to countries not found to offer equivalent resale 
opportunities under Sec. 63.18(e) (3) and (4) under the following 
conditions:
    (1) U.S.-outbound switched traffic shall be routed over the 
carrier's authorized U.S. international private lines to an equivalent 
country, and then forwarded to a third, nonequivalent country only by 
taking at published rates and reselling the International Message 
Telephone Service (IMTS) of a carrier in the equivalent country;
    (2) U.S.-inbound switched traffic shall be carried to an equivalent 
country as part of the IMTS traffic flow from a non-equivalent third 
country and then terminated in the United States over U.S. international 
private lines from the equivalent hub country;
    (3) U.S. common carriers that route U.S.-outbound traffic via 
switched hubbing through an equivalent country shall tariff their 
service on a ``through'' basis from the United States to the ultimate 
foreign destination.
    (4) No U.S. common carrier may engage in switched hubbing under this 
section to a country where it has an affiliation with a foreign carrier 
unless and until it receives specific authority to do so under 
Sec. 63.18. For purposes of this paragraph, ``affiliation'' and 
``foreign carrier'' are defined in Sec. 63.18(h)(1) (i)(B) and (ii), 
respectively.

[60 FR 67339, Dec. 29, 1995, as amended at 61 FR 15728, Apr. 9, 1996]



Sec. 63.18  Contents of applications for international common carriers.

    Except as otherwise provided in this part, any party seeking 
authority pursuant to Section 214 of the Communications Act of 1934, as 
amended, to construct a new line, or acquire or operate any line, or 
engage in transmission over or by means of such additional line for the 
provision of common carrier communications services between the United 
States, its territories or possessions, and a foreign point shall 
request such authority by formal application which shall be accompanied 
by a statement showing how the grant of the application will serve the 
public interest, convenience, and necessity. Such statement shall 
consist of the following information, as applicable:
    (a) The name, address, and telephone number of each applicant;
    (b) The Government, State, or Territory under the laws of which each 
corporate or partnership applicant is organized;

[[Page 151]]

    (c) The name, title, post office address, and telephone number of 
the officer and any other contact point, such as legal counsel, to whom 
correspondence concerning the application is to be addressed;
    (d) A statement as to whether the applicant has previously received 
authority under Section 214 of the Act and, if so, a general description 
of the categories of facilities and services authorized (i.e., 
authorized to provide international switched services on a facilities 
basis);
    (e) One or more of the following statements, as pertinent:
    (1) If applying for authority to acquire interests in facilities 
previously authorized by the Commission in order to provide 
international basic switched, private line, data, television and 
business services to all international points, the applicant shall:
    (i) State that it is requesting Section 214 authority to operate as 
a facilities-based carrier pursuant to the terms and conditions of 
paragraph (e)(1) of this section.
    (ii) Comply with the following terms and conditions:
    (A) Authority to provide services to all international points under 
this part extends only to those countries for which the applicant 
qualifies for non-dominant regulation as set forth in Sec. 63.10. If an 
applicant is affiliated with a facilities-based foreign carrier in a 
destination market and the Commission has not determined that the 
foreign carrier does not possess market power in that market, the 
applicant shall not commence service on any such route unless and until 
it receives specific authority to do so under paragraph (e)(6) of this 
section. If an applicant becomes dominant on a particular route after 
receiving authority under this section, the terms and conditions of 
Sec. 63.10(c) will apply to its provision of services on the dominant 
route. An applicant should file separately under Section 63.18(e)(6) to 
provide service on routes on which it may not qualify for regulation as 
a non-dominant carrier.
    (B) The applicant may only provide service using half-circuits on 
appropriately licensed U.S. common and non-common carrier facilities 
(either under Title III of the Communications Act of 1934, as amended, 
or the Submarine Cable Landing License Act, 47 U.S.C. 34 et. al.) 
provided that these facilities do not appear on an exclusion list 
published by the Commission and any necessary overseas connecting 
facilities. Applicants may not use non-U.S. licensed facilities unless 
and until the Commission specifically approves their use and so 
indicates on the exclusion list, and only then for service to the 
countries indicated thereon.
    (C) The applicant may provide service to any country not included on 
an exclusion list published by the Commission.
    (D) The applicant may provide international basic switched, private 
line, data, television and business services.
    (E) The authority granted under this paragraph shall be subject to 
all Commission rules and regulations and any conditions stated in the 
Commission's public notice or order that serves as the applicant's 
Section 214 certificate. See Sec. 63.12.
    (2) If applying for authority to resell the international services 
of authorized U.S. common carriers for the provision of international 
basic switched, private line, data, television and business services to 
all international points, the applicant shall:
    (i) State that it is requesting Section 214 authority to operate as 
a resale carrier pursuant to the terms and conditions of 
Sec. 63.18(e)(2).
    (ii) Comply with the following the terms and conditions:
    (A) The applicant may resell the international services of any 
authorized common carrier, except affiliated carriers regulated as 
dominant on the route to be served, pursuant to that carrier's tariff or 
contract duly filed with the Commission, for the provision of 
international basic switched, private line, data, television and 
business services to all international points;
    (B) The applicant may resell private line services for the provision 
of international switched basic services only in circumstances where the 
Commission has found that the country at the foreign end of the private 
line provides equivalent resale opportunities and that settlement rates 
for at least 50 percent of the settled U.S.-billed traffic between the 
United States and that

[[Page 152]]

country are at or below the benchmark settlement adopted for that 
country in IB Docket No. 96-261. The Commission will provide public 
notice of its equivalency and settlement rate determinations. The 
applicant, however, shall not initiate such service on a particular 
route absent a grant of specific authority under paragraph (e)(6) of 
this section in circumstances where the applicant is affiliated with a 
facilities-based carrier in the country at the foreign end of the 
private line and the Commission has not determined that the foreign 
carrier does not possess market power in that country.
    (C) The authority granted under this paragraph shall be subject to 
all Commission rules and regulations, including the limitation in 
Sec. 63.21 on the use of private lines for the provision of swithced 
services, and any conditions stated in the Commission's public notice or 
order that serves as the applicant's Section 214 certificate. See 
sections 63.12, 63.21.
    (3) If applying for authority to provide international switched 
basic services over resold private lines between the United States and a 
country for which the Commission has not made the settlement rate and 
equivalency determinations specified in paragraph (e)(2)(ii)(B) of this 
section, applicant shall demonstrate that settlement rates for at least 
50 percent of the settled U.S.-billed traffice between the United States 
and the country at the foreign end of the private line are at or below 
the benchmark settlement rate adopted for that country in IB Docket No. 
96-261 and that the country affords resale opportunities equivalent to 
those available under U.S. law. In this regard, applicants shall:
    (i) Include evidence demonstrating that equivalent resale 
opportunities exist between the United States and the subject country, 
including any relevant bilateral agreements between the administrations 
involved. Parties must demonstrate that the foreign country at the other 
end of the private line provides U.S.-based carriers with:
    (A) The legal right to resell international private lines, 
interconnected at both ends, for the provision of switched services;
    (B) Reasonable and nondiscriminatory charges, terms and conditions 
for interconnection to foreign domestic carrier facilities for 
termination and origination of international services, with adequate 
means of enforcement;
    (C) Competitive safeguards to protect against anticompetitive and 
discriminatory practices affecting private line resale; and
    (D) Fair and transparent regulatory procedures, including separation 
between the regulator and operator of international facilities-based 
services.
    (ii) The procedures set forth in paragraph (e)(3) of this section 
are subject to Commission policies on resale of international private 
lines in CC Docket No. 90-337 as amended in IB Docket Nos. 95-22 and 96-
261.
    (4) Any carrier authorized under this section to acquire and operate 
international private line facilities other than through resale may use 
those private lines to provide switched basic services only in 
circumstances where the Commission has found that the country at the 
foreign end of the private line provides equivalent resale opportunities 
and that settlement rates for at least 50 percent of the settled U.S.-
billed traffic between the United States and that country are at or 
below the benchmark settlement rate adopted for that country in IB 
Docket No. 96-261. The Commission will provide public notice of its 
equivalency and settlement rate determinations. this provision is 
subject to the following exceptions and conditions:
    (i) The applicant shall not initiate such seervice on a particular 
route absent a grant of specific authority under paragraph (e)(6) of 
this section in circumstances where the applicant is affiliated with a 
facilities-based carrier in the country at the foreign end of the 
private line and the Commission has not determined that the foreign 
carrier does not possess marekt power in that country.
    (ii) The applicant is subject to all applicable Commission rules and 
regulations, including the limitation in Sec. 63.21 on the use of 
private lines for the provision of swithced services, and any conditions 
stated in the Commission's public notice or order that serves as

[[Page 153]]

the applicant's Section 214 certificate. See Secs. 63.12, 63.21.
    (A) Except as provided in paragraph (e)(4)(ii)(B) of this section, 
any carrier that seeks to provide international switched basic services 
over its authorized private line facitlites between the United States 
and a country for which the Commission has not made the settlement rate 
and equivalency determinations specified in paragraph (e)(2)(ii)(B) of 
this section shall demonstrate that settlement rates for at least 50 
percent of the settled U.S.-billed traffic between the United States and 
the country at the foreign end of the line are at or below the benchmark 
settlement rate adopted for tht country in IB Docket No. 96-261 and that 
the country afford resale opportunities equivalent to those available 
under U.S. law. In this regard, applicant shall include the information 
required by paragraph (e)(3) of this section.
    (B) No formal application is required under paragraph (e)(4) of this 
section in circumstances where the carrier's previously authorized 
private line facility is interconnected to the public switched network 
only on one end--either the U.S. or the foreign end--and where the 
carrier is not operating the facility in correspondence with a carrier 
that directly or indirectly owns the private line facility in the 
foreign country at the other end of the private line.
    (5) If applying for authority to acquire facilities through the 
transfer of control of a common carrier holding international Section 
214 authorization, or through the assignment of another carrier's 
existing authorization, the applicant shall complete paragraphs (a) 
through (d) of this section for both the transferor/assignor and the 
transferee/assignee. Paragraph (g) of this section is not applicable, 
and only the transferee/assignee needs to complete paragraphs (i) and 
(j) of this section. At the beginning of the application, the applicant 
should also include a narrative of the means by which the transfer or 
assignment will take place. The Commission reserves the right to request 
additional information as to the particulars of the transaction to aid 
it in making its public interest determination.
    (6) If applying for authority to acquire facilities or to provide 
services not covered by Sec. 63.18(e) (1) through (5), the applicant 
shall provide a description of the facilities and services for which it 
seeks authorization. Such description also shall include any additional 
information the Commission shall have specified previously in an order, 
public notice or other official action as necessary for authorization. 
Applicants for new submarine cable facilities also shall include a list 
of the proposed owners of the cable, their voting interests and 
ownership interests by segment in the cable.
    (f) Applicants may apply for any or all of the authority provided 
for in paragraph (e) of this section in the same application. The 
applicant may want to file separate applications for those services not 
subject to streamlined processing under Sec. 63.12.
    (g) Where the applicant is seeking facilities-based authority under 
paragraph (e)(6) of this section, a statement whether an authorization 
of the facilities is categorically excluded as defined by Sec. 1.1306 of 
this chapter. If answered affirmatively, an environmental assessment as 
described in Sec. 1.1311 of this chapter need not be filed with the 
application.
    (h) A certification as to whether or not the applicant is, or has an 
affiliation with, a foreign carrier.
    (1) The certification shall state with specificity each foreign 
country in which the applicant is, or has an affiliation with, a foreign 
carrier. For purposes of this certification:
    (i) Affiliation is defined to include:
    (A) A greater than 25 percent ownership of capital stock, or 
controlling interest at any level, by the applicant, or by any entity 
that directly or indirectly controls or is controlled by it, or that is 
under direct or indirect common control with it, in a foreign carrier or 
in any entity that directly or indirectly controls a foreign carrier; or
    (B) A greater than 25 percent ownership of capital stock, or 
controlling interest at any level, in the applicant by a foreign 
carrier, or by any entity that directly or indirectly controls or is 
controlled by a foreign carrier, or that

[[Page 154]]

is under direct or indirect common control with a foreign carrier; or by 
two or more foreign carriers investing in the applicant in the same 
manner in circumstances where the foreign carriers are parties to, or 
the beneficiaries of, a contractual relation (e.g., a joint venture or 
market alliance) affecting the provision or marketing of basic 
international telecommunications services in the United States. A U.S. 
carrier also will be considered to be affiliated with a foreign carrier 
where the foreign carrier controls, is controlled by, or is under common 
control with a second foreign carrier already found to be affiliated 
with that U.S. carrier under this section.
    (ii) Foreign carrier is defined as any entity that is authorized 
within a foreign country to engage in the provision of international 
telecommunications services offered to the public in that country within 
the meaning of the International Telecommunication Regulations, see 
Final Acts of the World Administrative Telegraph and Telephone 
Conference, Melbourne, 1988 (WATTC-88), Art. 1, which includes entities 
authorized to engage in the provision of domestic telecommunications 
services if such carriers have the ability to originate or terminate 
telecommunications services to of from points outside their country.
    (2) In support of the required certification, each applicant shall 
also provide the name, address, citizenship and principal businesses of 
its ten percent or greater direct and indirect shareholders or other 
equity holders and identify any interlocking directorates.
    (3) Each applicant that proposes to acquire facilities through the 
resale of the international switched or private line services of another 
U.S. carrier shall additionally certify as to whether or not the 
applicant has an affiliation with the U.S. carrier(s) whose facilities-
based service(s) the applicant proposes to resell (either directly or 
indirectly through the resale of another reseller's service). For 
purposes of this paragraph, affiliation is defined as in paragraph 
(h)(1)(i) of this section, except that the phrase ``U.S. facilities-
based international carrier'' shall be substituted for the phrase 
``foreign carrier.''
    (4) Each applicant that certifies under this section that it has an 
affiliation with a foreign carrier and that proposes to resell the 
international private line services of another U.S. carrier shall 
additionally certify as to whether the affiliated foreign carrier owns 
or controls telecommunications facilities in the particular country(ies) 
to which the applicant proposes to provide service (i.e., the 
destination country(ies)). For purposes of this paragraph, 
telecommunications facilities are defined as the underlying 
telecommunications transport means, including intercity and local access 
facilities, used by a foreign carrier to provide international 
telecommunications services offered to the public.
    (5) Each applicant and carrier authorized to provide international 
communications service under this part is responsible for the continuing 
accuracy of the certifications required by paragraphs (h) (3) and (4) of 
this section. Whenever the substance of any such certification is no 
longer accurate, the applicant/carrier shall as promptly as possible and 
in any event within thirty days file with the Secretary in duplicate a 
corrected certification referencing the FCC File No. under which the 
original certification was provided. This information may be used by the 
Commission to determine whether a change in regulatory status may be 
warranted under Sec. 63.10.
    (6) Each applicant that certifies that it is, or that it has an 
affiliation with, a foreign carrier, as defined in paragraphs (h)(1) 
(i)(B) and (ii) of this section, respectively, in a named foreign 
country and that seeks to operate as a U.S. facilities-based 
international carrier to that country from the United States shall 
provide information in its application filed under this part to 
demonstrate that either:
    (i) The named foreign country (i.e., the destination foreign 
country) provides effective competitive opportunities to U.S. carriers 
to compete in that country's international facilities-based market; or
    (ii) Its affiliated foreign carrier does not have the ability to 
discriminate against unaffiliated U.S. international carriers through 
control of bottleneck

[[Page 155]]

services or facilities in the destination country.
    (A) The demonstration specified in paragraph (h)(6)(i) of this 
section should address the following factors:
    (1) The legal ability of U.S. carriers to enter the foreign market 
and provide facilities-based international services, in particular 
international message telephone service (IMTS);
    (2) Whether there exist reasonable and nondiscriminatory charges, 
terms and conditions for interconnection to a foreign carrier's domestic 
facilities for termination and origination of international services;
    (3) Whether competitive safeguards exist in the foreign country to 
protect against anticompetitive practices, including safeguards such as:
    (i) Existence of cost-allocation rules in the foreign country to 
prevent cross-subsidization;
    (ii) Timely and nondiscriminatory disclosure of technical 
information needed to use, or interconnect with, carriers' facilities; 
and
    (iii) Protection of carrier and customer proprietary information;
    (4) Whether there is an effective regulatory framework in the 
foreign country to develop, implement and enforce legal requirements, 
interconnection arrangements and other safeguards; and
    (5) Any other factors the applicant deems relevant to its 
demonstration.
    (B) The demonstration specified in paragraph (h)(6)(ii) of this 
section should include the same information requested by paragraph 
(h)(8) of this section.
    (7) Each applicant that certifies that it is, or that it has an 
affiliation with, a foreign carrier, as defined in paragraph (h)(1) 
(i)(B) and (ii) of this section, respectively, in a named foreign 
country and that proposes to resell the international switched or non-
interconnected private line services, respectively, of another U.S. 
carrier for the purpose of providing international communications 
services to the named foreign country from the United States shall 
provide information in its application filed under this part to 
demonstrate that either:
    (i) The named foreign country (i.e., the destination foreign 
country) provides effective competitive opportunities to U.S. carriers 
to resell international switched or non-interconnected private line 
services, respectively; or
    (ii) Its affiliated foreign carrier does not have the ability to 
discriminate against unaffiliated U.S. international carriers through 
control of bottleneck services or facilities in the destination country.
    (A) The demonstration specified in paragraph (h)(7)(i) of this 
section should address the following factors:
    (1) The legal ability of U.S. carriers to enter the foreign market 
and provide resold international switched services (for switched resale 
applications) or non-interconnected private line services (for non-
interconnected private line resale applications);
    (2) Whether there exist reasonable and nondiscriminatory charges, 
terms and conditions for the provision of the relevant resale service;
    (3) Whether competitive safeguards exist in the foreign country to 
protect against anticompetitive practices, including safeguards such as:
    (i) Existence of cost-allocation rules in the foreign country to 
prevent cross-subsidization;
    (ii) Timely and nondiscriminatory disclosure of technical 
information needed to use, or interconnect with, carriers' facilities; 
and
    (iii) Protection of carrier and customer proprietary information;
    (4) Whether there is an effective regulatory framework in the 
foreign country to develop, implement and enforce legal requirements, 
interconnection arrangements and other safeguards; and
    (5) Any other factors the applicant deems relevant to its 
demonstration.
    (B) The demonstration specified in paragraph (h)(7)(ii) of this 
section should include the same information requested in paragraph 
(h)(8) of this section.
    (8) Each applicant that certifies that it has an affiliation with a 
foreign carrier in a named foreign country and that desires to be 
regulated as non-dominant for the provision of international 
communications service to that country may provide information in its 
application filed under this part to demonstrate that its affiliated 
foreign carrier does not have the ability

[[Page 156]]

to discriminate against unaffiliated U.S. international carriers through 
control of bottleneck services or facilities in the named foreign 
country. See Sec. 63.10, Regulatory Classification of U.S. International 
Carriers.
    (i) Such a demonstration should address the factors that relate to 
the scope or degree of the foreign affiliate's bottleneck control, such 
as:
    (A) The monopoly, duopoly, or oligopoly status of the destination 
country; and
    (B) Whether the foreign affiliate has the potential to discriminate 
against unaffiliated U.S. international carriers through such means as 
preferential operating agreements, preferential routing of traffic, 
exclusive or more favorable transiting agreements, or preferential 
domestic access and interconnection arrangements.
    (ii) Such a demonstration may also address other factors the 
applicant deems relevant, such as the effectiveness of regulation in the 
destination country.
    (i) Each applicant shall certify that the applicant has not agreed 
to accept special concessions directly or indirectly from any foreign 
carrier or administration with respect to traffic or revenue flows 
between the U.S. and any foreign country which the applicant may serve 
under the authority granted under this part and will not enter into such 
agreements in the future.
    (1) For purposes of paragraph (i) of this section, and of 
Secs. 63.11(c)(2)(iii), 63.13(a)(4), and 63.14, special concession is 
defined as any arrangement that affects traffic or revenue flows to or 
from the United States that is offered exclusively by a foreign carrier 
or administration to a particular U.S. international carrier and not 
also to similarly situated U.S. international carriers authorized to 
serve a particular route.
    (2) The special concessions certification required by paragraph (i) 
of this section and by Secs. 63.11(c)(2)(iii) and 63.13(a)(4) shall be 
viewed as an ongoing representation to the Commission, and applicants/
carriers shall immediately inform the Commission if at any time the 
representations in their certifications are no longer true. Failure to 
so inform the Commission will be deemed a material misrepresentation to 
the Commission.
    (j) A certification pursuant to Secs. 1.2001 through 1.2003 of this 
chapter that no party to the application is subject to a denial of 
Federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 
1988. See 21 U.S.C. 853a.

    Note 1 to paragraph (h): The word ``control'' as used in this 
section is not limited to majority stock ownership, but includes actual 
working control in whatever manner exercised.
    Note 2 to paragraph (h): The term ``facilities-based carrier'' as 
used in this section means one that holds an ownership, indefeasible-
right-of-user, or leasehold interest in bare capacity in an 
international facility, regardless of whether the underlying facility is 
a common or non-common carrier submarine cable, or an INTELSAT or 
separate satellite system.
    Note 3 to paragraph (h): The assessment of ``capital stock'' 
ownership will be made under the standards developed in Commission case 
law for determining such ownership. See, e.g., Fox Television Stations, 
Inc., 10 FCC Rcd 8452 (1995). ``Capital stock'' includes all forms of 
equity ownership, including partnership interests.
    Note 4 to paragraph (h): Ownership and other interests in U.S. and 
foreign carriers will be attributed to their holders and deemed 
cognizable pursuant to the following criteria: Attribution of ownership 
interests in a carrier that are held indirectly by any party through one 
or more intervening corporations will be determined by successive 
multiplication of the ownership percentages for each link in the 
vertical ownership chain and application of the relevant attribution 
benchmark to the resulting product, except that wherever the ownership 
percentage for any link in the chain exceeds 50 percent, it shall not be 
included for purposes of this multiplication. For example, if A owns 30 
percent of company X, which owns 60 percent of company Y, which owns 26 
percent of ``carrier,'' then X's interest in ``carrier'' would be 26 
percent (the same as Y's interest because X's interest in Y exceeds 50 
percent), and A's interest in ``carrier'' would be 7.8 percent (0.30 x 
0.26). Under the 25 percent attribution benchmark, X's interest in 
``carrier'' would be cognizable, while A's interest would not be 
cognizable.

[61 FR 15729, Apr. 9, 1996, as amended at 62 FR 32965, June 17, 1997; 62 
FR 45762, Aug. 29, 1997]

    Effective Date Note:  At 62 FR 45762, Aug. 29, 1997, Sec. 63.18 was 
amended by revising paragraphs (e)(2)(ii)(B) through (e)(2)(ii)(C), 
(e)(3) introductory text, (e)(3)(ii), and (e)(4), effective Jan. 1, 
1998. For the convenience of the

[[Page 157]]

user the superseded text is set forth as follows:

Sec. 63.18  Contents of applications for international common carriers.

                                * * * * *

    (e) * * *
    (2) * * *
    (ii) * * *
    (B) The applicant may resell private line services for the provision 
of international basic switched services only to countries found by the 
Commission to provide equivalent resale opportunities, except in 
circumstances where the applicant is affiliated with a facilities-based 
foreign carrier in a destination market and the Commission has not 
determined that the foreign carrier does not possess market power in 
that market. In such circumstances, the applicant shall not commence 
service on any such route unless and until it receives specific 
authority to do so under paragraph (e)(6) of this section. The 
Commission will provide public notice of its determinations.
    (C) The authority granted under this paragraph shall be subject to 
all Commission rules and regulations and any conditions stated in the 
Commission's public notice or order that serves as the applicant's 
Section 214 certificate. See Sec. 63.12.
    (3) If applying for authority to resell private lines for the 
purpose of providing international basic switched services to countries 
not on the Commission's published list of equivalent countries, 
applicant shall demonstrate for each country to which it seeks to 
provide service that that country affords resale opportunities 
equivalent to those available under U.S. law. In this regard, applicant 
shall:

                                * * * * *

    (ii) The procedures set forth in paragraph (3)(3) of this section 
are subject to Commission policies on resale of international private 
lines in CC Docket No. 90-337 as amended in IB Docket No. 95-22.
    (4) Any carrier authorized under this section to acquire and operate 
international private line facilities other than through resale may use 
those private lines to provide switched basic services to countries 
found by the Commission to provide equivalent resale opportunities 
except in circumstances where the applicant is affiliated with a 
facilities-based foreign carrier in the country at the foreign end of 
the private line, and the Commission has not determined that the foreign 
carrier does not possess market power in that market. In such 
circumstances, the applicant shall not commence service on such route 
unless and until it receives specific authority to do so under paragraph 
(e)(6) of this section. The Commission will provide public notice of its 
equivalency findings. The applicant is subject to all applicable 
Commission rules and regulations and any conditions stated in the 
Commission's public notice or order that serves as the applicant's 
Section 214 certificate. See Sec. 63.12.
    (i) Except as provided in paragraph (e)(4)(ii) of this section, any 
carrier that seeks to provide switched basic services over its 
authorized private line facilities to countries not identified in the 
Commission's published list of equivalent countries shall, for each 
country for which it seeks to provide switched basic service over its 
authorized private lines facilities, request such authority by formal 
application. Such application shall be accompanied by a demonstration 
that country affords resale opportunities equivalent to those available 
under U.S. law. In this regard, applicant shall include the information 
required by paragraph (e)(3) of this section.
    (ii) No formal application is required under paragraph (e)(4) of 
this section in circumstances where the carrier's previously authorized 
private line facility is interconnected to the public switched network 
only on one end--either the U.S. or the foreign end--and where the 
carrier is not operating the facility in correspondence with a carrier 
that directly or indirectly owns the private line facility in the 
foreign country at the other end of the private line.

                                * * * * *



Sec. 63.19  Special procedures for discontinuances of international services.

    (a) Any non-dominant international carrier as this term is defined 
in Sec. 63.10 that seeks to discontinue, reduce or impair service, 
including the retiring of international facilities, dismantling or 
removing of international trunk lines, shall be subject to the following 
procedures in lieu of those specified in Secs. 63.61 through 63.601:
    (1) The carrier shall notify all affected customers of the planned 
discontinuance, reduction or impairment at least 60 days prior to its 
planned action. Notice shall be in writing to each affected customer 
unless the Commission authorizes in advance, for good cause shown, 
another form of notice.
    (2) The carrier shall file with this Commission a copy of the 
notification on or after the date on which notice has been given to all 
affected customers.

[[Page 158]]

    (b) Any dominant international carrier as this term is defined in 
Sec. 63.10 that seeks to retire international facilities, dismantle or 
remove international trunk lines, and the services being provided 
through these facilities are not being discontinued, reduced or 
impaired, shall only be subject to the notification requirements of 
paragraph (a) of this section. If such carrier discontinues, reduces or 
impairs service to a community or retires facilities that impair or 
reduce service to a community, the dominant carrier shall file an 
application pursuant to Secs. 63.62 and 63.500.

[61 FR 15732, Apr. 9, 1996]



Sec. 63.20  Copies required; fees; and filing periods for international service providers.

    (a) Unless otherwise specified the Commission shall be furnished 
with an original and five copies of applications filed for international 
facilities and services under Section 214 of the Communications Act of 
1934, as amended. Provided, however, that where applications involve 
only the supplementation of existing international facilities, and the 
issuance of a certificate is not required, an original and two copies of 
the application shall be furnished. Upon request by the Commission, 
additional copies of the application shall be furnished. Each 
application shall be accompanied by the fee prescribed in subpart G of 
part 1 of this chapter.
    (b) No application accepted for filing and subject to the provisions 
of Secs. 63.02, 63.18, 63.62 or Sec. 63.505 shall be granted by the 
Commission earlier than 28 days following issuance of public notice by 
the Commission of the acceptance for filing of such application or any 
major amendment unless said public notice specifies another time period, 
or the application qualifies for streamlined processing pursuant to 
Sec. 63.12.
    (c) No application accepted for filing and subject to the 
streamlined processing provisions of Sec. 63.12 shall be granted by the 
Commission earlier than 21 days following issuance of public notice by 
the Commission of the acceptance for filing of such application or any 
major amendment unless said public notice specifies another time period.
    (d) Any interested party may file a petition to deny an application 
within the 21 day or other time period specified in paragraphs (b) or 
(c) of this section. The petitioner shall serve a copy of such petition 
on the applicant no later than the date of filing thereof with the 
Commission. The petition shall contain specific allegations of fact 
sufficient to show that the petitioner is a party in interest and that a 
grant of the application would be prima facie inconsistent with the 
public interest, convenience and necessity. Such allegations of fact 
shall, except for those of which official notice may be taken, be 
supported by affidavit of a person or persons with personal knowledge 
thereof. The applicant may file an opposition to any petition to deny 
within 14 days after the original pleading is filed. The petitioner may 
file a reply to such opposition within seven days after the time for 
filing oppositions has expired. Allegations of facts or denials thereof 
shall similarly be supported by affidavit. These responsive pleadings 
shall be served on the applicant or petitioner, as appropriate, and 
other parties to the proceeding.

[61 FR 15732, Apr. 9, 1996]



Sec. 63.21  Conditions applicable to international Section 214 authorizations.

    International carriers authorized under Section 214 of the 
Communications Act of 1934, as amended, must follow the following 
requirements and prohibitions:
    (a) Carriers may not use their authorized facilities-based or resold 
international private lines for the provision of switched basic services 
unless and until the Commission has determined that the country at the 
foreign end of the private line provides equivalent resale opportunities 
and that settlement rates for 50 percent of the settled U.S.-billed 
traffic between the United States and that country are at or below the 
benchmark settlement rate adopted for that country in IB Docket No. 96-
261. See Sec. 63.18 (e)(3)through (e)(4). If at any time the Commission 
finds, after an initial determination of compliance for a particular 
country, that the country no longer provides equivalent resale

[[Page 159]]

opportinuites or that market distortion has occurred in the routing of 
traffic between the United States and that country, carriers shall 
comply with enforcement actions taken by the Commission. This condition 
shall not apply to a carrier's use of its private lines to provide 
services as described in Sec. 63.18(e)(4)(ii)(B).
    (b) Carriers must file copies of operating agreements entered into 
with their foreign correspondents within 30 days of their execution, and 
shall otherwise comply with the filing requirements contained in 
Sec. 43.51 of this chapter.
    (c) Carriers must file tariffs pursuant to Section 203 of the 
Communications Act, 47 U.S.C. 203, and part 61 of this chapter.
    (d) Carriers must file annual reports of overseas telecommunications 
traffic as required by Sec. 43.61 of this chapter.
    (e) Carriers regulated as dominant must provide the Commission with 
the following information within 30 days after conveyance of 
transmission capacity on submarine cables to other U.S. carriers:
    (1) The name of the party to whom the capacity was conveyed;
    (2) The name of the facility in which capacity was conveyed;
    (3) The amount of capacity that was conveyed; and
    (4) The price of the capacity conveyed.

[61 FR 15732, Apr. 9, 1996, as amended at 62 FR 45762, Aug. 29, 1997]

    Effective Date Note:  At 62 FR 45762, Aug. 29, 1997, Sec. 63.21 was 
amended by revising paragraph (a), effective Jan. 1, 1998. For the 
convenience of the user the superseded text is set forth as follows:

Sec. 63.21  Conditions applicable to international Section 214 
          authorizations.

    (a) Carriers may not resell private lines for the provision of 
international switched services unless the country at the foreign end of 
the private line is deemed equivalent. See Sec. 63.18(e) (3) through 
(4).

                                * * * * *

    General Provisions Relating to All Applications Under Section 214



Sec. 63.50  Amendment of applications.

    Any application may be amended as a matter of right prior to the 
date of any final action taken by the Commission or designation for 
hearing. Amendments to applications shall be signed and submitted in the 
same manner, and with the same number of copies as was the original 
application. If a petition to deny or other formal objections have been 
filed to the application, the amendment shall be served on the parties.

(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303)

[41 FR 20662, May 20, 1976]



Sec. 63.51  Additional information.

    The applicant shall furnish any additional information which the 
Commission may require after a preliminary examination of the 
application or request. Where an applicant fails to respond to official 
correspondence or request for additional material, the application may 
be dismissed without prejudice.

(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303)

[41 FR 20662, May 20, 1976]



Sec. 63.52  Copies required; fees; and filing periods for domestic authorizations.

    (a) Unless otherwise specified the Commission shall be furnished 
with an original and 5 copies of applications filed under section 214 of 
the Communications Act of 1934, as amended; Provided, however, that 
where applications involve only the supplementation of existing domestic 
facilities, and the issuance of a certificate is not required, an 
original and 2 copies of the application shall be furnished. Upon 
request by the Commission additional copies of the application shall be 
furnished. Each application shall be accompanied by the fee prescribed 
in subpart G of part 1 of this chapter.
    (b) No application accepted for filing and subject to the provisions 
of Secs. 63.01,

[[Page 160]]

63.02, 64.62 (with the exception of 63.62(c)), 63.69, or 63.505 of the 
rules shall be granted by the Commission earlier than 30 days following 
issuance of public notice by the Commission of the acceptance for filing 
of such application or any major amendment unless said public notice 
specifies another time period.
    (c) Any interested party may file a petition to deny an application 
within the 30-day or other time period specified in paragraph (b) of 
this section. The petitioner shall serve a copy of such petition on the 
applicant no later than the date of filing thereof with the Commission. 
The petition shall contain specific allegations of fact sufficient to 
show that the petitioner is a party in interest and that a grant of the 
application would be prima facie inconsistent with the public interest, 
convenience and necessity. Such allegations of fact shall, except for 
those of which official notice may be taken, be supported by affidavit 
of a person or persons with personal knowledge thereof. The applicant 
may file an opposition to any petition to deny, and the petitioners may 
file a reply to such opposition (see Sec. 1.45 of this chapter), and 
allegations of facts or denials thereof shall similarly be supported by 
affidavit. These responsive pleadings shall be served on the applicant 
or petitioners, as appropriate, and other parties to the proceeding.

(Sec. 303, 48 Stat. 1082, as amended; 47 U.S.C. 303)

[41 FR 20662, May 20, 1976; 41 FR 22274, June 2, 1976, as amended at 42 
FR 36459, July 15, 1977; 61 FR 10476, Mar. 14, 1996; 61 FR 59201, Nov. 
21, 1996]



Sec. 63.53  Form.

    (a) Applications under Section 214 of the Communications Act shall 
be submitted on paper not more than 21.6 cm (8.5 in) wide and not more 
than 35.6 cm (14 in) long with a left-hand margin of 4 cm (1.5 in). This 
requirement shall not apply to original documents, or admissible copies 
thereof, offered as exhibits or to specially prepared exhibits. The 
impression shall be on one side of the paper only and shall be double-
spaced, except that long quotations shall be single-spaced and indented. 
All papers, except charts and maps, shall be typewritten or prepared by 
mechanical processing methods, other than letter press, or printed. The 
foregoing shall not apply to official publications. All copies must be 
clearly legible.
    (b) Applications submitted under Section 214 of the Communications 
Act for international services may be submitted on computer diskettes 
pursuant to a filing manual compiled by the International Bureau, but a 
paper copy of the application with the original signature must accompany 
the diskette. The manual will specify the type and format of the 
computer diskettes and the reporting and procedural requirements for 
such applications.
    (c) Applications submitted under Section 214 of the Communications 
Act for international services and any related pleadings that are in a 
foreign language shall be accompanied by a certified translation in 
English.

[61 FR 15733, Apr. 9, 1996]

    Effective Date Note:  At 61 FR 15733, Apr. 9, 1996, Sec. 63.53 was 
revised. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.

            Discontinuance, Reduction, Outage and Impairment



Sec. 63.60  Definitions.

    For the purposes of this part, the following definitions shall 
apply:
    (a) Discontinuance, reduction, or impairment of service includes, 
but is not limited to the following:
    (1) The closure by a carrier of a telephone exchange rendering 
interstate or foreign telephone toll service, a public toll station 
serving a community or part of a community, or a public coast station as 
defined in Sec. 80.5 of this chapter;
    (2) The reduction in hours of service by a carrier at a telephone 
exchange rendering interstate or foreign telephone toll service, at any 
public toll station (except at a toll station at which the availability 
of service to the public during any specific hours is subject to the 
control of the agent or other persons controlling the premises on which 
such office or toll station is located and is not subject to the control 
of such carrier), or at a public

[[Page 161]]

coast station; the term reduction in hours of service does not include a 
shift in hours which does not result in any reduction in the number of 
hours of service.
    (3) [Reserved]
    (4) The dismantling or removal from service of any trunk line by a 
carrier which has the effect of impairing the adequacy or quality of 
service rendered to any community or part of a community;
    (5) The severance by a carrier of physical connection with another 
carrier (including connecting carriers as defined in section 3(u) of the 
Communications Act of 1934, as amended) or the termination or suspension 
of the interchange of traffic with such other carrier;
    (b) Emergency discontinuance, reduction, or impairment of service 
means any discontinuance, reduction, or impairment of the service of a 
carrier occasioned by conditions beyond the control of such carrier 
where the original service is not restored or comparable service is not 
established within a reasonable time. For the purpose of this part, a 
reasonable time shall be deemed to be a period not in excess of the 
following: 10 days in the case of discontinuance, reduction, or 
impairment of service at telegraph offices operated directly by the 
carrier; 15 days in the case of jointly-operated or agency telegraph 
offices; 10 days in the case of public coast stations; and 60 days in 
all other cases;
    (c) Public toll station means a public telephone station, located in 
a community, through which a carrier provides service to the public, and 
which is connected directly to a toll line operated by such carrier.

[28 FR 13229, Dec. 5, 1963, as amended at 45 FR 6585, Jan. 29, 1980; 51 
FR 31305, Sept. 2, 1986]



Sec. 63.61  Applicability.

    Any carrier subject to the provisions of section 214 of the 
Communications Act of 1934, as amended, except any non-dominant carrier 
as this term is defined in Sec. 61.3(u) of this chapter, proposing to 
discontinue, reduce, or impair interstate or foreign telephone or 
telegraph service to a community, or a part of a community, shall 
request authority therefor by formal application or informal request as 
specified in the pertinent sections of this part: Provided, however, 
That where service is expanded on an experimental basis for a temporary 
period of not more than 6 months, no application shall be required to 
reduce service to its status prior to such expansion but a written 
notice shall be filed with the Commission within 10 days of the 
reduction showing (a) date on which, places at which, and extent to 
which service was expanded and (b) date on which, places at which, and 
extent to which such expansion of service was discontinued:

And provided further, That a licensee of a radio station who has filed 
an application for authority to discontinue service provided by such 
station shall during the period that such application is pending before 
the Commission, continue to file appropriate applications as may be 
necessary for extension or renewal of station license in order to 
provide legal authorization for such station to continue in operation 
pending final action on the application for discontinuance of service.

[28 FR 13229, Dec. 5, 1963, as amended at 45 FR 76169, Nov. 18, 1980; 61 
FR 59201, Nov. 21, 1996]



Sec. 63.62  Type of discontinuance, reduction, or impairment of telephone or telegraph service requiring formal application.

    Authority for the following types of discontinuance, reduction, or 
impairment of service shall be requested by formal application 
containing the information required by the Commission in the appropriate 
sections to this part, except as provided in paragraph (c) of this 
section, or in emergency cases (as defined in Sec. 63.60(b)) as provided 
in Sec. 63.63:
    (a) The dismantling or removal of a trunk line (for contents of 
application see Sec. 63.500) for all domestic carriers and for dominant 
international carriers except as modified in Sec. 63.19;
    (b) The severance of physical connection or the termination or 
suspension of the interchange of traffic with another carrier (for 
contents of application, see Sec. 63.501);
    (c) [Reserved]

[[Page 162]]

    (d) The closure of a public toll station where no other such toll 
station of the applicant in the community will continue service (for 
contents of application, see Sec. 63.504): Provided, however, That no 
application shall be required under this part with respect to the 
closure of a toll station located in a community where telephone toll 
service is otherwise available to the public through a telephone 
exchange connected with the toll lines of a carrier;
    (e) Any other type of discontinuance, reduction or impairment of 
telephone service not specifically provided for by other provisions of 
this part (for contents of application, see Sec. 63.505);
    (f) An application may be filed requesting authority to make a type 
of reduction in service under specified standards and conditions in lieu 
of individual applications for each instance coming within the type of 
reduction in service proposed.

[28 FR 13229, Dec. 5, 1963, as amended at 45 FR 6585, Jan. 29, 1980; 60 
FR 35509, July 10, 1995; 61 FR 15733, Apr. 9, 1996]

    Effective Date Note:  At 61 FR 15733, Apr. 9, 1996, in Sec. 63.62, 
paragraph (a) was revised. This amendment contains information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.



Sec. 63.63  Emergency discontinuance, reduction, or impairment of service.

    (a) Application for authority for emergency discontinuance, 
reduction, or impairment of service shall be made by filing an informal 
request in quintuplicate as soon as practicable but not later than 15 
days in the case of public coast stations; or 65 days in all other 
cases, after the occurrence of the conditions which have occasioned the 
discontinuance, reduction, or impairment. The request shall make 
reference to this section and show the following:
    (1) The effective date of such discontinuance, reduction, or 
impairment, and the identification of the service area affected;
    (2) The nature and estimated duration of the conditions causing the 
discontinuance, reduction, or impairment;
    (3) The facts showing that such conditions could not reasonably have 
been foreseen by the carrier in sufficient time to prevent such 
discontinuance, reduction, or impairment;
    (4) A description of the service involved;
    (5) The nature of service which will be available or substituted;
    (6) The effect upon rates to any person in the community;
    (7) The efforts made and to be made by applicant to restore the 
original service or establish comparable service as expeditiously as 
possible.
    (b) Authority for the emergency discontinuance, reduction, or 
impairment of service for a period of 60 days shall be deemed to have 
been granted by the Commission effective as of the date of the filing of 
the request unless, on or before the 15th day after the date of filing, 
the Commission shall notify the carrier to the contrary. Renewal of such 
authority may be requested by letter or telegram, filed with the 
Commission not later than 10 days prior to the expiration of such 60-day 
period, making reference to this section and showing that such 
conditions may reasonably be expected to continue for a further period 
and what efforts the applicant has made to restore the original or 
establish comparable service. If the same or comparable service is 
reestablished before the termination of the emergency authorization, the 
carrier shall notify the Commission promptly. However, the Commission 
may, upon specific request of the carrier and upon a proper showing, 
contained in such informal request, authorize such discontinuance, 
reduction, or impairment of service for an indefinite period or 
permanently.

[28 FR 13229, Dec. 5, 1963, as amended at 45 FR 6585, Jan. 29, 1980]



Sec. 63.65  Closure of public toll station where another toll station of applicant in the community will continue service.

    (a) Except in emergency cases (as defined in Sec. 63.60(b) and as 
provided in Sec. 63.63), authority to close a public toll station in a 
community in which another toll station of the applicant will continue 
service shall be requested by an informal request, filed in 
quintuplicate, making reference to this paragraph and showing the 
following:

[[Page 163]]

    (1) Location of toll station to be closed and distance from nearest 
toll station to be retained;
    (2) Description of service area affected, including approximate 
population and character of the business of the community;
    (3) Average number of toll telephone messages sent-paid and 
received-collect for the preceding six months;
    (4) Average number of telegraph messages sent-paid and received-
collect for the preceding six months;
    (5) Statement of reasons for desiring to close the station.
    (b) Authority for closures requested under paragraph (a) of this 
section shall be deemed to have been granted by the Commission effective 
as of the 15th day following the date of filing such request unless, on 
or before the 15th day, the Commission shall notify the carrier to the 
contrary.



Sec. 63.66  Closure of or reduction of hours of service at telephone exchanges at military establishments.

    Where a carrier desires to close or reduce hours of service at a 
telephone exchange located at a military establishment because of the 
deactivation of such establishment, it may, in lieu of filing formal 
application, file in quintuplicate an informal request. Such request 
shall make reference to this section and shall set forth the class of 
office, address, date of proposed closure or reduction, description of 
service to remain or be substituted, statement as to any difference in 
charges to the public, and the reasons for the proposed closure or 
reduction. Authority for such closure or reduction shall be deemed to 
have been granted by the Commission, effective as of the 15th day 
following the date of filing of such request, unless, on or before the 
15th day, the Commission shall notify the carrier to the contrary.

[45 FR 6585, Jan. 29, 1980]



Sec. 63.71  Special procedures for discontinuance, reduction or impairment of service by domestic non-dominant carriers.

    Any non-dominant carrier as this term is defined in Sec. 61.15(a) of 
this chapter and who seeks to discontinue, reduce or impair service 
shall be subject to the following procedures in lieu of those specified 
in Secs. 63.61 through 63.62 and 63.64 through 63.601:
    (a) The carrier shall notify all affected customers of the planned 
discontinuance, reduction or impairment. Notice shall be in writing to 
each affected customer unless the Commission authorizes in advance, for 
good cause shown, another form of notice. Notice shall include the 
following:
    (1) Name and address of carrier;
    (2) Date of planned service discontinuance, reduction or impairment;
    (3) Points or geographic areas of service affected;
    (4) Brief description of type of service affected; and
    (5) The following statement:

    The FCC will normally authorize this proposed discontinuance of 
service (or reduction or impairment) unless it is shown that customers 
would be unable to receive service or a reasonable substitute from 
another carrier. If you wish to object, you should file your comments 
within 15 days after receipt of this notification. Address them to the 
Federal Communications Commission, Washington, DC 20554, referencing the 
Sec. 63.71 Application of (carrier's name). Comments should include 
specific information about the impact of this proposed discontinuance 
(or reduction or impairment) upon you or your company, including any 
inability to acquire reasonable sustitute service.

    (b) The carrier shall file with this Commission, on or after the 
date on which notice has been given to all affected customers an 
application which shall contain the following:
    (1) Caption--``Section 63.71 Application'';
    (2) Information listed in Sec. 63.71(a) (1) through (4) above;
    (3) Brief description of the dates and methods of notice to all 
affected customers; and
    (4) Any other information the Commission may require.
    (c) The application to discontinue, reduce or impair service shall 
be automatically granted on the 31st day after its filing with the 
Commission without any Commission notification to the applicant unless 
the Commission has notified the applicant that the grant will not be 
automatically effective.

[45 FR 76169, Nov. 18, 1980]

[[Page 164]]



Sec. 63.90  Publication and posting of notices.

    (a) Immediately upon the filing of an application or informal 
request (except a request under Sec. 63.71) for authority to close or 
otherwise discontinue the operation, or reduce the hours of service at a 
telephone exchange (except an exchange located at a military 
establishment), the applicant shall post a public notice at least 51 cm 
by 61 cm (20 inches by 24 inches), with letter of commensurate size, in 
a conspicuous place in the exchange affected, and also in the window of 
any such exchange having window space fronting on a public street at 
street level. Such notice shall be posted at least 14 days and shall 
contain the following information, as may be applicable:
    (1) Date of first posting of notice;
    (2) Name of applicant;
    (3) A statement that application has been made to the Federal 
Communications Commission;
    (4) Date when application was filed in the Commission;
    (5) A description of the discontinuance, reduction, or impairment of 
service for which authority is sought including the address or other 
appropriate identification of the exchange or station involved;
    (6) If applicant proposes to reduce hours of service, a description 
of present and proposed hours of service;
    (7) A complete description of the substitute service, if any, to be 
provided if the application is granted.
    (8) A statement that any member of the public desiring to protest or 
support the application may communicate in writing with the Federal 
Communications Commission, Washington, DC 20554, on or before a 
specified date which shall be 20 days from the date of first posting of 
the notice.
    (b) Immediately upon the filing of an application or informal 
request of the nature described in paragraph (a) of this section, the 
applicant shall also cause to be published a notice of not less than 10 
column centimeters (4 column inches) in size containing information 
similar to that specified in paragraph (a), at least once during each of 
2 consecutive weeks, in some newspaper of general circulation in the 
community or part of the community affected.
    (c) Immediately upon the filing of an application or informal 
request or upon the filing of a formal application to close a public 
toll station (except a toll station located at a military 
establishment), applicant shall post a public notice at least A3 (29.7 
cm x 42.0 cm) or 11 in x 17 in (27.9 cm x 43.2 cm) in size as provided 
in paragraph (a) of this section or, in lieu thereof, applicant shall 
cause to be published a newspaper notice as provided in paragraph (b) of 
this section.
    (d) Immediately upon the filing of any application or informal 
request for authority to discontinue, reduce, or impair service, or any 
notice of resumption of service under Sec. 63.63(b), the applicant shall 
give written notice of the filing together with a copy of such 
application to the State Commission (as defined in section 3(t) of the 
Communications Act of 1934, as amended) of each State in which any 
discontinuance, reduction or impairment is proposed.
    (e) When the posting, publication, and notification as required in 
paragraphs (a), (b), (c) and (d) of this section have been completed, 
applicant shall report such fact to the Commission, stating the name of 
the newspaper in which publication was made, the name of the Commissions 
notified, and the dates of posting, publication, and notification.

[45 FR 6585, Jan. 29, 1980, as amended at 45 FR 76169, Nov. 18, 1980; 58 
FR 44907, Aug. 25, 1993; 60 FR 35510, July 10, 1995]



Sec. 63.100  Notification of service outage.

    (a) As used in this section:
    (1) Outage is defined as a significant degradation in the ability of 
a customer to establish and maintain a channel of communications as a 
result of failure or degradation in the performance of a carrier's 
network.
    (2) Customer is defined as a user purchasing telecommunications 
service from a common carrier.
    (3) Special offices and facilities are defined as major airports, 
major military installations, key government facilities, and nuclear 
power plants. 911 special facilities are addressed separately in 
paragraph (a)(4) of this section.

[[Page 165]]

    (4) An outage which potentially affects a 911 special facility is 
defined as a significant service degradation, switch or transport, where 
rerouting to the same or an alternative answering location was not 
implemented, and involves one or more of the following situations:
    (i) Isolation of one or more Public Service Answering Points (PSAPs) 
for 24 hours or more, if the isolated PSAPs collectively serve less than 
30,000 or more access lines, based on the carrier's database of lines 
served by each PSAP; or
    (ii) Loss of call processing capabilities in the E911 tandem(s), for 
30 minutes or more, regardless of the number of customers affected; or
    (iii) Isolation of one or more PSAP(s), for 30 or more minutes, if 
the isolated PSAPs collectively serve 30,000 or more access lines, based 
on the carrier's database of lines served by each PSAP; or
    (iv) Isolation of an end office switch or host/remote cluster, for 
30 minutes or more, if the switches collectively serve, 30,000 or more 
access lines.
    (5) Major airports are defined as those airports described by the 
Federal Aviation Administration as large or medium hubs. The member 
agencies of the National Communications System (NCS) will determine 
which of their locations are ``major military installations'' and ``key 
government facilities.''
    (6) An outage which ``potentially affects'' a major airport is 
defined as an outage that disrupts 50% or more of the air traffic 
control links or other FAA communications links to any major airport, 
any outage that has caused an Air Route Traffic Control Center (ARTCC) 
or major airport to lose it radar, any ARTCC or major airport outage 
that has received any media attention of which the carrier's reporting 
personnel are aware, any outage that causes a loss of both primary and 
backup facilities at any ARTCC or major airport, and any outage to an 
ARTCC or major airport that is deemed important by the FAA as indicated 
by FAA inquiry to the carrier management personnel.
    (7) A mission-affecting outage is defined as an outage that is 
deemed critical to national security/emergency preparedness (NS/EP) 
operations of the affected facility by the National Communications 
System member agency operating the affected facility.
    (b) Any local exchange or interexchange common carrier or 
competitive access provider that operates transmission or switching 
facilities and provides access service or interstate or international 
telecommunications service, that experiences an outage which potentially 
affects 50,000 or more of its customers on any facilities which it owns, 
operates or leases, must notify the Commission if such outage continues 
for 30 or more minutes. Satellite carriers and cellular carriers are 
exempt from this reporting requirement. Notification must be served on 
the Commission's Duty Officer, on duty 24 hours a day in the FCC's 
Communications and Crisis Management Center in Washington, DC. 
Notification may be served on the Commission's Watch Officer on duty at 
the FCC's Columbia Operations Center in Columbia, MD, or at such other 
facility designated by the Commission by regulation or (at the time of 
the emergency) by public announcement only if there is a telephone 
outage or similar emergency in Washington, DC. The notification must be 
by facsimile or other record means delivered within 120 minutes of the 
carrier's first knowledge that the service outage potentially affects 
50,000 or more customers, if the outage continues for 30 or more 
minutes. Notification shall identify a contact person who can provide 
further information, the telephone number at which the contact person 
can be reached, and what information is known at the time about the 
service outage including: the date and estimated time (local time at the 
location of the outage) of commencement of the outage; the geographic 
area affected; the estimated number of customers affected; the types of 
services affected (e.g. interexchange, local, cellular); the duration of 
the outage, i.e. time elapsed from the estimated commencement of the 
outage until restoration of full service; the estimated number of 
blocked calls during the outage; the apparent or known cause of the 
incident, including the name and type of equipment involved and the 
specific part of

[[Page 166]]

the network affected; methods used to restore service; and the steps 
taken to prevent recurrences of the outage. When specifying the types of 
services affected by any reportable outage, carriers must indicate when 
911 service was disrupted and rerouting to alternative answering 
locations was not implemented. The report shall be captioned Initial 
Service Disruption Report. Lack of any of the above information shall 
not delay the filing of this report. Not later than thirty days after 
the outage, the carrier shall file with the Chief, Common Carrier 
Bureau, a Final Service Disruption Report providing all available 
information on the service outage, including any information not 
contained in its Initial Service Disruption Report and detailing 
specifically the root cause of the outage and listing and evaluating the 
effectiveness and application in the immediate case of any best 
practices or industry standards identified by the Network Reliability 
Council to eliminate or ameliorate outages of the reported type.
    (c) Any local exchange or interexchange common carrier or 
competitive access provider that operates transmission or switching 
facilities and provides access service or interstate or international 
telecommunications service, that experiences an outage which potentially 
affects at least 30,000 and less than 50,000 of its customers on any 
facilities which it owns, operates or leases, must notify the Commission 
if such outage continues for 30 or more minutes. Satellite carriers and 
cellular carriers are exempt from this reporting requirement. 
Notification must be served on the Commission's Duty Officer, on duty 24 
hours a day in the FCC's Communications and Crisis Management Center in 
Washington, DC. Notification may be served on the Commission's Watch 
Officer on duty at the FCC's Columbia Operations Center in Columbia, MD, 
or at such other facility designated by the Commission by regulation or 
(at the time of the emergency) by public announcement only if there is a 
telephone outage or similar emergency in Washington, DC. The 
notification must be by facsimile or other record means delivered within 
3 days of the carrier's first knowledge that the service outage 
potentially affects at least 30,000 but less than 50,000 customers, if 
the outage continues for 30 or more minutes. Notification shall identify 
the carrier and a contact person who can provide further information, 
the telephone number at which the contact person can be reached, and 
what information is known at the time about the service outage 
including: the date and estimated time (local time at the location of 
the outage) of commencement of the outage; the geographic area affected; 
the estimated number of customers affected; the types of services 
affected (e.g. interexchange, local, cellular); the duration of the 
outage, i.e. time elapsed from the estimated commencement of the outage 
until restoration of full service; the estimated number of blocked calls 
during the outage; the apparent or known cause of the incident, 
including the name and type of equipment involved and the specific part 
of the network affected; methods used to restore service; and the steps 
taken to prevent recurrences of the outage. When specifying the types of 
services affected by any reportable outage, carriers must indicate when 
911 service was disrupted and rerouting to alternative answering 
locations was not implemented. The report shall be captioned Initial 
Service Disruption Report. Lack of any of the above information shall 
not delay the filing of this report. Not later than thirty days after 
the outage, the carrier shall file with the Chief, Common Carrier 
Bureau, a Final Service Disruption Report providing all available 
information on the service outage, including any information not 
contained in its Initial Service Disruption Report and detailing 
specifically the root cause of the outage and listing and evaluating the 
effectiveness and application in the immediate case of any best 
practices or industry standards identified by the Network Reliability 
Council to eliminate or ameliorate outages of the reported type.
    (d) Any local exchange or interexchange carrier or competitive 
access provider that operates transmission or switching facilities and 
provides access service or interstate or international

[[Page 167]]

telecommunications service that experiences a fire-related incident in 
any facilities which it owns, operates or leases that impacts 1000 or 
more service lines must notify the Commission if the incident continues 
for a period of 30 minutes or longer. Satellite carriers and cellular 
carriers are exempt from this reporting requirement. Notification must 
be served on the Commission's Duty Officer, on duty 24 hours a day in 
the FCC's Communications and Crisis Management Center in Washington, DC. 
Notification may be served on the Commission's Watch Officer on duty in 
the FCC's Columbia Operations Center in Columbia, MD, or at such other 
facility designated by the Commission by regulation or (at the time of 
the emergency) by public announcement only if there is a telephone 
outage or similar emergency in Washington, DC. The notification must be 
by facsimile or other recorded means delivered within 3 days of the 
carrier's first knowledge that the incident is fire-related, impacting 
1000 or more lines for thirty or more minutes. Notification shall 
identify the carrier and a contact person who can provide further 
information, the telephone number at which the contact person can be 
reached, and what information is known at the time about the service 
outage including: the date and estimated time (local time at the 
location of the outage) of commencement of the outage; the geographic 
area affected; the estimated number of customers affected; the types of 
services affected (e.g. interexchange, local cellular); the duration of 
the outage, i.e. time elapsed from the estimated commencement of the 
outage until restoration of full service; the estimated number of 
blocked calls during the outage; the apparent or known cause of the 
incident, including the name and type of equipment involved and the 
specific part of the network affected; methods used to restore service; 
and the steps taken to prevent recurrences of the outage. When 
specifying the types of services affected by any reportable outage, 
carriers must indicate when 911 service was disrupted and rerouting to 
alternative answering locations was not implemented. The report shall be 
captioned Initial Service Disruption Report. Lack of any of the above 
information shall not delay the filing of this report. Not later than 
thirty days after the incident, the carrier shall file with the Chief, 
Common Carrier Bureau, a Final Report providing all available 
information on the incident, including any information not contained in 
its Initial Report and detailing specifically the root cause of the 
incident and listing and evaluating the effectiveness and application in 
the immediate case of any best practices or industry standards 
identified by the Network Reliability Council to eliminate or ameliorate 
incidents of the reported type.
    (e) Any local exchange or interexchange common carrier or 
competitive access provider that operates transmission or switching 
facilities and provides access service or interstate or international 
telecommunications service, that experiences an outage on any facilities 
which it owns, operates or leases which potentially affects special 
offices and facilities must notify the Commission if such outage 
continues for 30 or more minutes regardless of the number of customers 
affected. Satellite carriers and cellular carriers are exempt from this 
reporting requirement. Notification must be served on the Commission's 
Duty Officer, on duty 24 hours a day in the FCC's Communications and 
Crisis Management Center in Washington, DC. Notification may be served 
on the Commission's Watch Officer on duty at the Columbia Operations 
Center in Columbia, MD, or at such other facility designated by the 
Commission by regulation or (at the time of the emergency) by public 
announcement only if there is a telephone outage or similar emergency in 
Washington, DC. The notification must be by facsimile or other record 
means delivered within 120 minutes of the carrier's first knowledge that 
the service outage potentially affects a special facility, if the outage 
continues for 30 or more minutes. Notification shall identify a contact 
person who can provide further information, the telephone number at 
which the contact person can be reached, and what information is known 
at the time about the service outage including: the date and estimated 
time (local time at

[[Page 168]]

the location of the outage) of commencement of the outage; the 
geographic area affected; the estimated number of customers affected; 
the types of services affected (e.g. 911 emergency services, major 
airports); the duration of the outage, i.e. time elapsed from the 
estimated commencement of the outage until restoration of full service; 
the estimated number of blocked calls during the outage; the apparent or 
known cause of the incident, including the name and type of equipment 
involved and the specific part of the network affected; methods used to 
restore service; and the steps taken to prevent recurrences of the 
outage. When specifying the types of services affected by any reportable 
outage, carriers must indicate when 911 service was disrupted and 
rerouting to alternative answering locations was not implemented. The 
report shall be captioned Initial Service Disruption Report. Lack of any 
of the above information shall not delay the filing of this report. Not 
later than thirty days after the outage, the carrier shall file with the 
Chief, Common Carrier Bureau, a Final Service Disruption Report 
providing all available information on the service outage, including any 
information not contained in its Initial Service Disruption Report and 
detailing specifically the root cause of the outage and listing and 
evaluating the effectiveness and application in the immediate case of 
any best practices or industry standards identified by the Network 
Reliability Council to eliminate or ameliorate outages of the reported 
type. Under this rule, carriers are not required to report outages 
affecting nuclear power plants, major military installations and key 
government facilities to the Commission. Report at these facilities will 
be made according to the following procedures:
    (1) When there is a mission-affecting outage, the affected facility 
will report the outage to the National Communications System (NCS) and 
call the service provider in order to determine if the outage is 
expected to last 30 minutes. If the outage is not expected to, and does 
not, last 30 minutes, it will not be reported to the FCC. If it is 
expected to last 30 minutes or does last 30 minutes, the NCS, on the 
advice of the affected special facility, will either:
    (i) Forward a report of the outage to the Commission, supplying the 
information for initial reports affecting special facilities specified 
in this section of the Commission's Rules;
    (ii) Forward a report of the outage to the Commission, designating 
the outage as one affecting ``special facilities,'' but reporting it at 
a level of detail that precludes identification of the particular 
facility involved; or
    (iii) Hold the report at the NCS due to the critical nature of the 
application.
    (2) If there is to be a report to the Commission, a written or oral 
report will be given by the NCS within 120 minutes of an outage to the 
Commission's Duty Officer, on duty 24 hours a day in the FCC's 
Communications and Crisis Management Center in Washington, DC. 
Notification may be served on the Commission's Watch Officer on duty at 
the FCC's Columbia Operations Center in Columbia, MD, or at such other 
facility designated by the Commission by regulation or (at the time of 
the emergency) by public announcement only if there is a telephone 
outage or similar emergency in Washington, DC. If the report is oral, it 
is to be followed by a written report the next business day. Those 
carriers whose service failures are in any way responsible for the 
outage must consult with NCS upon its request for information.
    (3) If there is to be a report to the Commission, the service 
provider will provide a written report to the NCS, supplying the 
information for final reports for special facilities required by this 
section of the Commission's rules. The service provider's final report 
to the NCS will be filed within 28 days after the outage, allowing the 
NCS to then file the report with the Commission within 30 days after the 
outage. If the outage is reportable as described in paragraph (e)(2) of 
this section, and the NCS determines that the final report can be 
presented to the Commission without jeopardizing matters of national 
security or emergency preparedness, the NCS will forward the report as 
provided in either paragraphs (e)(1)(i) or (e)(1)(ii) of this section to 
the Commission.

[[Page 169]]

    (f) If an outage is determined to have affected a 911 facility so as 
to be reportable as a special facilities outage, the carrier whose duty 
it is to report the outage to the FCC shall as soon as possible by 
telephone or other electronic means notify any official who has been 
designated by the management of the affected 911 facility as the 
official to be contacted by the carrier in case of a telecommunications 
outage at that facility. The carrier shall convey all available 
information to the designated official that will be useful to the 
management of the affected facility in mitigating the affects of the 
outage on callers to that facility.
    (g) In the case of LEC end offices, carriers will use the number of 
lines terminating at the office for determining whether the criteria for 
reporting an outage has been reached. In the case of IXC or LEC tandem 
facilities, carriers must, if technically possible, use real-time 
blocked calls to determine whether criteria for reporting an outage have 
been reached. Carriers must report IXC and LEC tandem outages where more 
than 150,000 calls are blocked during a period of 30 or more minutes for 
purposes of complying with the required 50,000 potentially affected 
customers threshold and must report such outages where more than 90,000 
calls are blocked during a period of 30 or more minutes for purposes of 
complying with the 30,000 potentially affected customers threshold. 
Carriers may use historical data to estimate blocked calls when required 
real-time blocked call counts are not possible. When using historical 
data, carriers must report incidents where more than 50,000 calls are 
blocked during a period of 30 or more minutes for purposes of complying 
with the required 50,000 potentially affected customers threshold and 
must report incidents where more than 30,000 calls are blocked during a 
period of 30 or more minutes for purposes of complying with the 30,000 
potentially affected customers threshold.
    (h)(1) Any local exchange or interexchange common carrier or 
competitive access provider that operates transmission or switching 
facilities and provides access services or interstate or international 
telecommunications services, the experiences an outage on any facilities 
that it owns, operates or leases that potentially affects 911 services 
must notify the Commission within the applicable period shown in the 
chart in this paragraph (h)(1) if such outage meets one of the following 
conditions, as defined in paragraph (a)(4) of this section:

                                                                                                                
----------------------------------------------------------------------------------------------------------------
              Condition                    Lines affected             Duration                   Period         
----------------------------------------------------------------------------------------------------------------
Loss of E911 Tandem capability......  No limit...............  30 minutes or more....  120 minutes.             
Isolation of PSAP(s)................  Under 30,000 access      24 hours or more......  120 minutes.             
                                       lines served.                                                            
Isolation of PSAP(s)................  50,000 or more access    30 minutes or more....  120 minutes.             
                                       lines served.                                                            
Isolation of PSAP(s)................  30,000 to 50,000 access  30 minutes or more....  3 days.                  
                                       lines served.                                                            
Isolation of EO switch, host/remotes  50,000 or more access    30 minutes or more....  120 minutes.             
 from 911.                             lines served.                                                            
Isolation of EO switch, host/remotes  30,000 to 50,000 access  30 minutes or more....  3 days.                  
 from 911.                             lines served.                                                            
----------------------------------------------------------------------------------------------------------------

    (2) Satellite carriers and cellular carriers are exempted from the 
reporting requirement in this paragraph (h). Notification must be served 
on the Commission's Duty Officer, on duty 24 hours a day in the FCC's 
Communicaitons and Crisis Management Center in Washington, DC. 
Notification may be erved on the Commission's Watch Officer on duty at 
the Columbia Operations Center in COlumbia, MD, or at such other 
facility designated by the Commission by regulation or (at the time of 
thee emergency) by public announcement only if there is a telephone 
outage or similar emergency in Washington, DC. The notification must be 
by facsimile or other record means delivered within the notification 
period indicated above from the time of the carrier's first knowledge 
that the service outage ``potentially affects a 911 special facility'' 
as described in paragraph (a)(4) of this section and summarized in the 
chart in paragraph (h)(1) of this section and the service outage has 
continued for the duration indicated in paragraph (a)(4)

[[Page 170]]

of this section and summarized in the chart in paragraph (h)(1) of this 
section. Notification shall identify a contact person who can provide 
further information, the telephone number at which the contact person 
can be reached, and the information known at the time notification is 
made about the service outage including: the date and estimated time 
(local time at the location of the outage) of commencement of the 
outage; the geographic area affected; the estimated number of customers 
affected; the types of services affected; the duration of the outage, 
i.e. time elapsed from the estimated commencement of the outage until 
restoration of full service; the estimated number of blocked calls 
during the outage; the apparent or known cause of the incident, 
including the name and type of equipment involved and the specific part 
of the network affected; methods used to restore service; and the steps 
taken to prevent recurrences of the outage. The report shall be 
captioned Initial Service Disruption Report. Lack of any of the 
information in this paragraph (h)(2) shall not delay the filing of this 
report. Not later than thirty days after the outage, the carrier shall 
file with the Chief, Common Carrier Bureau, a Final Service Disruption 
Report providing all available information on the service outage, 
including any information not contained in its Initial Service 
Disruption Report and detailing specifically the root cause of the 
outage and listing and evaluating the effectiveness and application in 
the immediate case of any best practices or industry standards 
identified by the Network Reliability Council to eliminate or ameliorate 
outages of the reported type.

[59 FR 40266, Aug. 8, 1994, as amended at 60 FR 57196, Nov. 14, 1995; 62 
FR 39452, July 23, 1997]

                   Contents of Applications; Examples



Sec. 63.500  Contents of applications to dismantle or remove a trunk line.

    The application shall contain:
    (a) The name and address of each applicant;
    (b) The name, title, and post office address of the officer to whom 
correspondence concerning the application is to be addressed;
    (c) Nature of proposed discontinuance, reduction, or impairment;
    (d) Identification of community or part of community involved and 
date on which applicant desires to make proposed discontinuance, 
reduction, or impairment effective; if for a temporary period only, 
indicate the approximate period for which authorization is desired;
    (e) Proposed new tariff listing, if any, and difference, if any, 
between present charges to the public and charges for the service to be 
substituted;
    (f) Description of the service area affected including population 
and general character of business of the community;
    (g) Name of any other carrier or carriers providing telegraph or 
telephone service to the community;
    (h) Statement of the reasons for proposed discontinuance, reduction, 
or impairment;
    (i) Statement of the factors showing that neither present nor future 
public convenience and necessity would be adversely affected by the 
granting of the application;
    (j) Description of any previous discontinuance, reduction, or 
impairment of service to the community affected by the application, 
which has been made by the applicant during the 12 months preceding 
filing of application, and statement of any present plans for future 
discontinuance, reduction, or impairment of service to such community;
    (k) A map or sketch showing:
    (1) Routes of line proposed to be removed from service and of 
alternate lines, if any, to be retained;
    (2) Type and ownership of structures (open wire, aerial cable, 
underground cable, carrier systems, etc.);
    (3) Cities and towns along routes with approximate population of 
each, and route kilometers between the principal points;
    (4) Location of important operating centers and repeater or relay 
points;
    (5) State boundary lines through which the facilities extend;

[[Page 171]]

    (l) A wire chart showing, for both the line proposed to be removed 
and the alternate lines to be retained, the regular and normal 
assignment of each wire, its method of operation, the number of channels 
and normal assignment of each;
    (m) The number of wires or cables to be removed and the kind, size, 
and length of each;
    (n) A complete statement showing how the traffic load on the line 
proposed to be removed will be diverted to other lines and the adequacy 
of such other lines to handle the increased load.

[28 FR 13229, Dec. 5, 1963, as amended at 58 FR 44907, Aug. 25, 1993]



Sec. 63.501  Contents of applications to sever physical connection or to terminate or suspend interchange of traffic with another carrier.

    The application shall contain:
    (a) The name and address of each applicant;
    (b) The name, title, and post office address of the officer to whom 
correspondence concerning the application is to be addressed;
    (c) Nature of the proposed change;
    (d) Identification of community or part of community involved and 
date on which applicant desires to make proposed discontinuance, 
reduction, or impairment effective; if for a temporary period only, 
indicate the approximate period for which authorization is desired;
    (e) Proposed new tariff listing, if any, and differences, if any, 
between present charges to the public and charges for the service to be 
substituted;
    (f) Description of the service area affected including population 
and general character of business of the community;
    (g) Name of any other carrier or carriers providing telegraph or 
telephone service to the community;
    (h) Statement of the reasons for proposed discontinuance, reduction, 
or impairment;
    (i) Statement of the factors showing that neither present nor future 
public convenience and necessity would be adversely affected by the 
granting of the application;
    (j) Description of any previous discontinuance, reduction, or 
impairment of service to the community affected by the application, 
which has been made by the applicant during the 12 months preceding 
filing of application, and statement of any present plans for future 
discontinuance, reduction, or impairment of service to such community;
    (k) Name of other carrier;
    (l) Points served through such physical connection or interchange;
    (m) Description of the service involved;
    (n) Statement as to how points served by means of such physical 
connection or interchange will be served thereafter;
    (o) Amount of traffic interchanged for each month during preceding 
6-month period;
    (p) Statement as to whether severance of physical connection or 
termination or suspension of interchange of traffic is being made with 
consent of other carrier.



Sec. 63.504  Contents of applications to close a public toll station where no other such toll station of the applicant in the community will continue service 

          and where telephone toll service is not otherwise available to 
          the public through a telephone exchange connected with the 
          toll lines of a carrier.

    The application shall contain:
    (a) The name and address of each applicant;
    (b) The name, title, and post office address of the officer to whom 
correspondence concerning the application is to be addressed;
    (c) Nature of proposed discontinuance, reduction, or impairment;
    (d) Identification of community or part of community involved and 
date on which applicant desires to make proposed discontinuance, 
reduction, or impairment effective; if for a temporary period only, 
indicate the approximate period for which authorization is desired;
    (e) Proposed new tariff listing, if any, and difference, if any, 
between present charges to the public and charges for the service to be 
substituted, if any;

[[Page 172]]

    (f) Description of the service area affected including population 
and general character of business of the community;
    (g) Name of other carrier or carriers, if any, which will provide 
toll station service in the community;
    (h) Statement of the reasons for proposed discontinuance, reduction, 
or impairment;
    (i) Statement of the factors showing that neither present nor future 
public convenience and necessity would be adversely affected by the 
granting of the application;
    (j) Description of any previous discontinuance, reduction, or 
impairment of service to the community affected by the application, 
which has been made by the applicant during the 12 months preceding 
filing of application, and statement of any present plans for future 
discontinuance, reduction, or impairment of service to such community;
    (k) Description of the service involved, including a statement of 
the number of toll telephone messages or telegraph messages sent-paid 
and received-collect, and the revenues from such traffic, in connection 
with the service proposed to be discontinued for each of the past 6 
months; and, if the volume of such traffic handled in the area has 
decreased during recent years, the reasons therefor.



Sec. 63.505  Contents of applications for any type of discontinuance, reduction, or impairment of telephone service not specifically provided for in this part.

    The application shall contain:
    (a) The name and address of each applicant;
    (b) The name, title, and post office address of the officer to whom 
correspondence concerning the application is to be addressed;
    (c) Nature of proposed discontinuance, reduction, or impairment;
    (d) Identification of community or part of community involved and 
date on which applicant desires to make proposed discontinuance, 
reduction or impairment effective, if for a temporary period only, 
indicate the approximate period for which authorization is desired;
    (e) Proposed new tariff listing, if any, and difference, if any, 
between present charges to the public and charges for the service to be 
substituted;
    (f) Description of the service area affected including population 
and general character of business of the community;
    (g) Name of any other carrier or carriers providing telephone 
service to the community;
    (h) Statement of the reasons for proposed discontinuance, reduction, 
or impairment;
    (i) Statement of the factors showing that neither present nor future 
public convenience and necessity would be adversely affected by the 
granting of the application;
    (j) Description of any previous discontinuance, reduction, or 
impairment of service to the community affected by the application, 
which has been made by the applicant during the 12 months preceding 
filing of application, and statement of any present plans for future 
discontinuance, reduction, or impairment of service to such community;
    (k) Description of the service involved, including:
    (1) Existing telephone service by the applicant available to the 
community or part thereof involved;
    (2) Telephone service (available from applicant or others) which 
would remain in the community or part thereof involved in the event the 
application is granted;
    (l) A statement of the number of toll messages sent-paid and 
received-collect and the revenues from such traffic in connection with 
the service proposed to be discontinued, reduced, or impaired for each 
of the past 6 months; and, if the volume of such traffic handled in the 
area has decreased during recent years, the reasons therefor.

[45 FR 6586, Jan. 29, 1980]



Sec. 63.601  Contents of applications for authority to reduce the hours of service of public coast stations under the conditions specified in Sec. 63.70.

                        F.C.C. File No. T-D-----

                                            Month -------- Year --------
           _____________________________________________________________
                                               (Name of applicant)      

[[Page 173]]

           _____________________________________________________________
                                            (Address of applicant)      

    In the matter of Proposed Reduction in Hours of Service of a Public 
Coast Station Pursuant to Sec. 63.70 of the Commission's rules.

 Data regarding public coast station____________________________________

                                                (Call and address)      
Present hours:
   Monday through Friday________________________________________________
   Saturday_____________________________________________________________
   Sunday_______________________________________________________________
Proposed hours:
   Monday through Friday________________________________________________
   Saturday_____________________________________________________________
   Sunday_______________________________________________________________
Proposed effective time and date of change

Average number of messages handled for month of ------------, 19--

   during total hours to be deleted_____________________________________

   during maximum hour to be deleted____________________________________

    Data regarding substitute service to be provided by other public 
coast stations available and capable of providing service to the 
community affected, or in the marine area served by the public coast 
station involved:

                                                                        
------------------------------------------------------------------------
                                                    Hours of service    
                                              --------------------------
     Station call and location       Operated   Monday                  
                                        by       thru   Saturday  Sunday
                                                Friday                  
------------------------------------------------------------------------
                                                                        
                                                                        
                                                                        
------------------------------------------------------------------------

    Request for Designation as a Recognized Private Operating Agency



Sec. 63.701  Contents of application.

    Except as otherwise provided in this part, any party requesting 
designation as a recognized private operating agency within the meaning 
of the International Telecommunication Convention shall request such 
designation by filing an original and two copies of an application 
stating the nature of the services to be provided and a statement in the 
applicant's own words but which makes clear that the applicant is aware 
that it is obligated under Article 44 of the Convention to obey the 
mandatory provisions thereof, and all regulations promulgated 
thereunder, and a pledge that it will engage in no conduct or operations 
which otherwise obey the Convention and regulations in all respects. The 
applicant should also include a statement that it is aware that failure 
to comply will result in an order from the Federal Communications 
Commission to cease and desist from future violations of an ITU 
regulation and may result in revocation of its recognized private 
operating agency status by the United States Department of State. Such 
statement must include the following information where applicable:
    (a) The name and address of each applicant;
    (b) The Government, State, or Territory under the laws of which each 
corporate applicant is organized;
    (c) The name, title and post office address of the officer of a 
corporate applicant, or representative of a non-corporate applicant, to 
whom correspondence concerning the application is to be addressed;
    (d) A statement of the ownership of a non-corporate applicant, or 
the ownership of the stock of a corporate applicant, including an 
indication whether the applicant or its stock is owned directly or 
indirectly by an alien;
    (e) A copy of each corporate applicant's articant's articles of 
incorporation (or its equivalent) and of its corporate bylaws;
    (f) A statement whether the applicant is a carrier subject to 
section 214 of the Communications Act, an operator of broadcast or other 
radio facilities, licensed under title III of the Act, capable of 
causing harmful interference with the radio transmissions of other 
countries, or a non-carrier provider of services classed as ``enhanced'' 
under Sec. 64.702(a);
    (g) A statement that the services for which designated as a 
recognized private operating agency is sought will be extended to a 
point outside the United States or are capable of causing harmful 
interference of other radio transmission and a statement of the nature 
of the services to be provided;
    (h) A statement setting forth the points between which the services 
are to be provided; and
    (i) A statement as to whether covered services are provided by 
facilities owned by the applicant, by facilities

[[Page 174]]

leased from another entity, or other arrangement and a description of 
the arrangement.

[51 FR 18448, May 20, 1986]



Sec. 63.702  Form.

    Application under Sec. 63.701 shall be submitted in the form 
specified in Sec. 63.53 for applications under section 214 of the 
Communications Act.

[51 FR 18448, May 20, 1986]



PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS--Table of Contents




                    Subpart A--Traffic Damage Claims

Sec.
64.1  Traffic damage claims.

     Subpart B--Restrictions on Indecent Telephone Message Services

64.201  Restrictions on indecent telephone message services.

     Subpart C--Furnishing of Facilities to Foreign Governments for 
                      International Communications

64.301  Furnishing of facilities to foreign governments for 
          international communications.

   Subpart D--Procedures for Handling Priority Services in Emergencies

64.401  Policies and procedures for provisioning and restoring certain 
          telecommunications services in emergencies.

       Subpart E--Use of Recording Devices by Telephone Companies

64.501  Recording of telephone conversations with telephone companies.

   Subpart F--Telecommunications Relay Services and Related Customer 
            Premises Equipment for Persons With Disabilities

64.601  Definitions.
64.602  Jurisdiction.
64.603  Provision of services.
64.604  Mandatory minimum standards.
64.605  State certification.
64.606  Furnishing related customer premises equipment.
64.607  Provision of hearing aid compatible telephones by exchange 
          carriers.
64.608  Enforcement of related customer premises equipment rules.

    Subpart G--Furnishing of Enhanced Services and Customer-Premises 
Equipment by Communications Common Carriers; Telephone Operator Services

64.702  Furnishing of enhanced services and customer-premises equipment.
64.703  Consumer information.
64.704  Call blocking prohibited.
64.705  Restrictions on charges related to the provision of operator 
          services.
64.706  Minimum standards for the routing and handling of emergency 
          telephone calls.
64.707  Public dissemination of information by providers of operator 
          services.
64.708  Definitions.

  Subpart H--Extension of Unsecured Credit for Interstate and Foreign 
        Communications Services to Candidates for Federal Office

64.801  Purpose.
64.802  Applicability.
64.803  Definitions.
64.804  Rules governing the extension of unsecured credit to candidates 
          or persons on behalf of such candidates for Federal office for 
          interstate and foreign common carrier communication services.

                     Subpart I--Allocation of Costs

64.901  Allocation of costs.
64.902  Transactions with affiliates.
64.903  Cost allocation manuals.
64.904  Independent audits.

  Subpart J--International Settlements Policy and Modification Requests

64.1001  International settlements policy and modification requests.
64.1002  Alternative settlement arrangements.

                Subpart K--Changing Long Distance Service

64.1100  Verification of orders for long distance service generated by 
          telemarketing.
64.1150  Letter of agency form and content.

            Subpart L--Restrictions on Telephone Solicitation

64.1200  Delivery restrictions.
64.1201  Restrictions on billing name and address disclosure.

                Subpart M--Provision of payphone service.

64.1300  Payphone compensation obligation.
64.1301  Payphone compensation.
64,1310  Payphone compensation procedures.

[[Page 175]]

64.1320  Payphone compensation verification and reports.
64.1330  State review of payphone entry and exit regulations and public 
          interest payphones.
64.1340  Right to negotiate.

                   Subpart N--Expanded Interconnection

64.1401  Expanded interconnection.
64.1402  Rights and responsibilities of interconnectors.

    Subpart O--Interstate Pay-Per-Call and Other Information Services

64.1501  Definitions.
64.1502  Limitations on the provision of pay-per-call services.
64.1503  Termination of pay-per-call and other information programs.
64.1504  Restrictions on the use of toll-free numbers.
64.1505  Restrictions on collect telephone calls.
64.1506  Number designation.
64.1507  Prohibition on disconnection or interruption of service for 
          failure to remit pay-per-call and similar service charges.
64.1508  Blocking access to 900 service.
64.1509  Disclosure and dissemination of pay-per-call information.
64.1510  Billing and collection of pay-per-call and similar service 
          charges.
64.1511  Forgiveness of charges and refunds.
64.1512  Involuntary blocking of pay-per-call services.
64.1513  Verification of charitable status.
64.1514  Generation of signalling tones.
64.1515  Recovery of costs.

           Subpart P--Calling Party Telephone Number; Privacy

64.1600  Definitions.
64.1601  Delivery requirements and privacy restrictions.
64.1602  Restrictions on use and sale of telephone subscriber 
          information provided pursuant to automatic number 
          identification or charge number services.
64.1603  Customer notification.
64.1604  Effective date.

  Subpart Q--Implementation of Section 273(d)(5) of the Communications 
          Act: Dispute Resolution Regarding Equipment Standards

64.1700  Purpose and scope.
64.1701  Definitions.
64.1702  Procedures.
64.1703  Dispute resolution default process.
64.1704  Frivolous disputes/penalties.

        Subpart R--Geographic Rate Averaging and Rate Integration

64.1801  Geographic rate averaging and rate integration.

 Subpart S--Nondominant Interexchange Carrier Certifications Regarding 
       Geographic Rate Averaging and Rate Integration Requirements

64.1900  Nondominant interexchange carrier certifications regarding 
          geographic rate averaging and rate integration requirements.

  Subpart T--Separate Affiliate Requirements for Incumbent Independent 
  Local Exchange Carriers That Provide In-Region, Interstate Domestic 
Interexchange Services or In-Region International Interexchange Services

64.1901  Basis and purpose.
64.1902  Terms and definitions.
64.1903  Obligations of all incumbent independent local exchange 
          carriers.

Appendix A to Part 64--Telecommunications Service Priority (TSP) System 
          for National Security Emergency Preparedness (NSEP)

    Authority:  47 U.S.C. 154, 254(k); secs. 403(b)(2)(B), (c), Public 
Law 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. secs 201, 218, 
226, 228, and 254(k) unless otherwise noted.

    Source:  28 FR 13239, Dec. 5, 1963, unless otherwise noted.



                    Subpart A--Traffic Damage Claims



Sec. 64.1  Traffic damage claims.

    (a) Each carrier engaged in furnishing radio-telegraph, wire-
telegraph, or ocean-cable service shall maintain separate files for each 
damage claim of a traffic nature filed with the carrier, showing the 
name, address, and nature of business of the claimant, the basis for the 
claim, disposition made, and all correspondence, reports, and records 
pertaining thereto. Such files shall be preserved in accordance with 
existing rules of the Commission (part 42 of this chapter) and at points 
(one or more) to be specifically designated by each carrier.
    (b) The aforementioned carriers shall make no payment as a result of 
any traffic damage claim if the amount of the payment would be in excess 
of the

[[Page 176]]

total amount collected by the carrier on the message or messages from 
which the claim arose unless such claim be presented to the carrier in 
writing signed by the claimant and setting forth the reason for the 
claim.



     Subpart B--Restrictions on Indecent Telephone Message Services



Sec. 64.201  Restrictions on indecent telephone message services.

    (a) It is a defense to prosecution for the provision of indecent 
communications under section 223(b)(2) of the Communications Act of 
1934, as amended (the Act), 47 U.S.C. 223(b)(2), that the defendant has 
taken the action set forth in paragraph (a)(1) of this section and, in 
addition, has complied with the following: Taken one of the actions set 
forth in paragraphs (a)(2), (3), or (4) of this section to restrict 
access to prohibited communications to persons eighteen years of age or 
older, and has additionally complied with paragraph (a)(5) of this 
section, where applicable:
    (1) Has notified the common carrier identified in section 223(c)(1) 
of the Act, in writing, that he or she is providing the kind of service 
described in section 223(b)(2) of the Act.
    (2) Requires payment by credit card before transmission of the 
message; or
    (3) Requires an authorized access or identification code before 
transmission of the message, and where the defendant has:
    (i) Issued the code by mailing it to the applicant after reasonably 
ascertaining through receipt of a written application that the applicant 
is not under eighteen years of age; and
    (ii) Established a procedure to cancel immediately the code of any 
person upon written, telephonic or other notice to the defendant's 
business office that such code has been lost, stolen, or used by a 
person or persons under the age of eighteen, or that such code is no 
longer desired; or
    (4) Scrambles the message using any technique that renders the audio 
unintelligible and incomprehensible to the calling party unless that 
party uses a descrambler; and,
    (5) Where the defendant is a message sponsor subscriber to mass 
announcement services tariffed at this Commission and such defendant 
prior to the transmission of the message has requested in writing to the 
carrier providing the public announcement service that calls to this 
message service be subject to billing notification as an adult telephone 
message service.
    (b) A common carrier within the District of Columbia or within any 
State, or in interstate or foreign commerce, shall not, to the extent 
technically feasible, provide access to a communication described in 
section 223(b) of the Act from the telephone of any subscriber who has 
not previously requested in writing the carrier to provide access to 
such communication if the carrier collects from subscribers an 
identifiable charge for such communication that the carrier remits, in 
whole or in part, to the provider of such communication.

[52 FR 17761, May 12, 1987, as amended at 55 FR 28916, July 16, 1990]



     Subpart C--Furnishing of Facilities to Foreign Governments for 
                      International Communications



Sec. 64.301  Furnishing of facilities to foreign governments for international communications.

    Common carriers by wire and radio shall, in accordance with section 
201 of the Communications Act, furnish services and facilities for 
communications to any foreign government upon reasonable demand 
therefor: Provided, however, That, if a foreign government fails or 
refuses, upon reasonable demand, to furnish particular services and 
facilities to the United States Government for communications between 
the territory of that government and the United States or any other 
point, such carriers shall, to the extent specifically ordered by the 
Commission, deny equivalent services or facilities in the United States 
to such foreign government for communications between the United States 
and the territory of that foreign government or any other point.


(Secs. 201, 214, 303, 308, 48 Stat. 1075, 1082, 1085; 47 U.S.C. 201, 
214, 303, 308)

[28 FR 13242, Dec. 5, 1963]

[[Page 177]]



   Subpart D--Procedures for Handling Priority Services in Emergencies



Sec. 64.401  Policies and procedures for provisioning and restoring certain telecommunications services in emergencies.

    The communications common carrier shall maintain and provision and, 
if disrupted, restore facilities and services in accordance with 
policies and procedures set forth in the appendix to this part.

[53 FR 47536, Nov. 23, 1988]



       Subpart E--Use of Recording Devices by Telephone Companies



Sec. 64.501  Recording of telephone conversations with telephone companies.

    No telephone common carrier, subject in whole or in part to the 
Communications Act of 1934, as amended, may use any recording device in 
connection with any interstate or foreign telephone conversation between 
any member of the public, on the one hand, and any officer, agent or 
other person acting for or employed by any such telephone common 
carrier, on the other hand, except under the following conditions:
    (a) Where such use shall be preceded by verbal or written consent of 
all parties to the telephone conversation, or
    (b) Where such use shall be preceded by verbal notification which is 
recorded at the beginning, and as part of the call, by the recording 
party, or
    (c) Where such use shall be accompanied by an automatic tone warning 
device, which will automatically produce a distinct signal that is 
repeated at regular intervals during the course of the telephone 
conversation when the recording device is in use. Provided That:
    (1) The characteristics of the warning tone shall be the same as 
those specified in the Orders of this Commission adopted by it in ``Use 
of Recording Devices in Connection With Telephone Service,'' Docket 
6787, 11 FCC 1033 (1947); 12 FCC 1005 (November 26, 1947); 12 FCC 1008 
(May 20, 1948).
    (d) That the characteristics of the warning tone shall be the same 
as those specified in the Orders of this Commission adopted by it in 
``Use of Recording Devices in Connection With Telephone Service,'' 
Docket 6787; 11 F.C.C. 1033 (1947); 12 F.C.C. 1005 (November 26, 1947); 
12 F.C.C. 1008 (May 20, 1948);
    (e) That no recording device shall be used unless it can be 
physically connected to and disconnected from the telephone line or 
switched on and off.

(Secs. 2, 3, 4, 5, 301, 303, 307, 308, 309, 315, 317; 48 Stat., as 
amended, 1064, 1065, 1066, 1068, 1081, 1082, 1083, 1084, 1085, 1089; 47 
U.S.C. 152, 153, 154, 155, 301, 303, 307, 308, 309, 315, 317)

[32 FR 11275, Aug. 3, 1967, as amended at 46 FR 29480, June 2, 1981; 52 
FR 3654, Feb. 5, 1987]



   Subpart F--Telecommunications Relay Services and Related Customer 
            Premises Equipment for Persons With Disabilities

    Source:  56 FR 36731, Aug. 1, 1991, unless otherwise noted.



Sec. 64.601  Definitions.

    As used in this subpart, the following definitions apply:
    (1) American Sign Language (ASL). A visual language based on hand 
shape, position, movement, and orientation of the hands in relation to 
each other and the body.
    (2) ASCII. An acronym for American Standard Code for Information 
Interexchange which employs an eight bit code and can operate at any 
standard transmission baud rate including 300, 1200, 2400, and higher.
    (3) Baudot. A seven bit code, only five of which are information 
bits. Baudot is used by some text telephones to communicate with each 
other at a 45.5 baud rate.
    (4) Common carrier or carrier. Any common carrier engaged in 
interstate communication by wire or radio as defined in section 3(h) of 
the Communications Act of 1934, as amended (the Act), and any common 
carrier engaged in intrastate communication by wire or radio, 
notwithstanding sections 2(b) and 221(b) of the Act.
    (5) Communications assistant (CA). A person who transliterates 
conversation

[[Page 178]]

from text to voice and from voice to text between two end users of TRS. 
CA supersedes the term ``TDD operator.''
    (6) Hearing carry over (HCO). A reduced form of TRS where the person 
with the speech disability is able to listen to the other end user and, 
in reply, the CA speaks the text as typed by the person with the speech 
disability. The CA does not type any conversation.
    (7) Telecommunications relay services (TRS). Telephone transmission 
services that provide the ability for an individual who has a hearing or 
speech disability to engage in communication by wire or radio with a 
hearing individual in a manner that is functionally equivalent to the 
ability of an individual who does not have a hearing or speech 
disability to communicate using voice communication services by wire or 
radio. Such term includes services that enable two-way communication 
between an individual who uses a text telephone or other nonvoice 
terminal device and an individual who does not use such a device. TRS 
supersedes the terms ``dual party relay system,'' ``message relay 
services,'' and ``TDD Relay.''
    (8) Text telephone (TT). A machine that employs graphic 
communication in the transmission of coded signals through a wire or 
radio communication system. TT supersedes the term ``TDD'' or 
``telecommunications device for the deaf.''
    (9) Voice carry over (VCO). A reduced form of TRS where the person 
with the hearing disability is able to speak directly to the other end 
user. The CA types the response back to the person with the hearing 
disability. The CA does not voice the conversation.



Sec. 64.602  Jurisdiction.

    Any violation of this subpart by any common carrier engaged in 
intrastate communication shall be subject to the same remedies, 
penalties, and procedures as are applicable to a violation of the Act by 
a common carrier engaged in interstate communication.



Sec. 64.603  Provision of services.

    Each common carrier providing telephone voice transmission services 
shall provide, not later than July 26, 1993, in compliance with the 
regulations prescribed herein, throughout the area in which it offers 
services, telecommunications relay services, individually, through 
designees, through a competitively selected vendor, or in concert with 
other carriers. A common carrier shall be considered to be in compliance 
with these regulations:
    (a) With respect to intrastate telecommunications relay services in 
any state that does not have a certified program under Sec. 64.605 and 
with respect to interstate telecommunications relay services, if such 
common carrier (or other entity through which the carrier is providing 
such relay services) is in compliance with Sec. 64.604; or
    (b) With respect to intrastate telecommunications relay services in 
any state that has a certified program under Sec. 64.605 for such state, 
if such common carrier (or other entity through which the carrier is 
providing such relay services) is in compliance with the program 
certified under Sec. 64.605 for such state.



Sec. 64.604  Mandatory minimum standards.

    (a) Operational standards--(1) Communications assistant (CA). TRS 
providers are responsible for requiring that CAs be sufficiently trained 
to effectively meet the specialized communications needs of individuals 
with hearing and speech disabilities; and that CAs have competent skills 
in typing, grammar, spelling, interpretation of typewritten ASL, and 
familiarity with hearing and speech disability cultures, languages and 
etiquette.
    (2) Confidentiality and conversation content. Except as authorized 
by section 705 of the Communications Act, 47 U.S.C. 605, CAs are 
prohibited from disclosing the content of any relayed conversation 
regardless of content and from keeping records of the content of any 
conversation beyond the duration of a call, even if to do so would be 
inconsistent with state or local law. CAs are prohibited from 
intentionally altering a relayed conversation and, to the extent that it 
is not inconsistent with federal, state or local law regarding use of 
telephone company facilities for illegal purposes, must relay all 
conversation verbatim unless the relay

[[Page 179]]

user specifically requests summarization.
    (3) Types of calls. Consistent with the obligations of common 
carrier operators, CAs are prohibited from refusing single or sequential 
calls or limiting the length of calls utilizing relay services. TRS 
shall be capable of handling any type of call normally provided by 
common carriers and the burden of proving the infeasibility of handling 
any type of call will be placed on the carriers. Providers of TRS are 
permitted to decline to complete a call because credit authorization is 
denied. CAs shall handle emergency calls in the same manner as they 
handle any other TRS calls.
    (b) Technical standards--(1) ASCII and Baudot. TRS shall be capable 
of communicating with ASCII and Baudot format, at any speed generally in 
use.
    (2) Speed of answer. TRS shall include adequate staffing to provide 
callers with efficient access under projected calling volumes, so that 
the probability of a busy response due to CA unavailability shall be 
functionally equivalent to what a voice caller would experience in 
attempting to reach a party through the voice telephone network. TRS 
shall, except during network failure, answer 85% of all calls within 10 
seconds and no more than 30 seconds shall elapse between receipt of 
dialing information and the dialing of the requested number.
    (3) Equal access to interexchange carriers. TRS users shall have 
access to their chosen interexchange carrier through the TRS, and to all 
other operator services, to the same extent that such access is provided 
to voice users.
    (4) TRS facilities. TRS shall operate every day, 24 hours a day. TRS 
shall have redundancy features functionally equivalent to the equipment 
in normal central offices, including uninterruptible power for emergency 
use. TRS shall transmit conversations between TT and voice callers in 
real time. Adequate network facilities shall be used in conjunction with 
TRS so that under projected calling volume the probability of a busy 
response due to loop trunk congestion shall be functionally equivalent 
to what a voice caller would experience in attempting to reach a party 
through the voice telephone network.
    (5) Technology. No regulation set forth in this subpart is intended 
to discourage or impair the development of improved technology that 
fosters the availability of telecommunications to person with 
disabilities. VCO and HCO technology are required to be standard 
features of TRS.
    (c) Functional standards--(1) Enforcement. Subject to Sec. 64.603, 
the Commission shall resolve any complaint alleging a violation of this 
section within 180 days after the complaint is filed.
    (2) Public access to information. Carriers, through publication in 
their directories, periodic billing inserts, placement of TRS 
instructions in telephone directories, through directory assistance 
services, and incorporation of TT numbers in telephone directories, 
shall assure that callers in their service areas are aware of the 
availability and use of TRS.
    (3) Rates. TRS users shall pay rates no greater than the rates paid 
for functionally equivalent voice communication services with respect to 
such factors as the duration of the call, the time of day, and the 
distance from the point of origination to the point of termination.
    (4) Jurisdictional separation of costs--(i) General. Where 
appropriate, costs of providing TRS shall be separated in accordance 
with the jurisdictional separation procedures and standards set forth in 
the Commission's regulations adopted pursuant to section 410 of the 
Communications Act of 1934, as amended.
    (ii) Cost recovery. Costs caused by interstate TRS shall be 
recovered from all subscribers for every interstate service, utilizing a 
shared-funding cost recovery mechanism. Costs caused by intrastate TRS 
shall be recovered from the intrastate jurisdiction. In a state that has 
a certified program under Sec. 64.605, the state agency providing TRS 
shall, through the state's regulatory agency, permit a common carrier to 
recover costs incurred in providing TRS by a method consistent with the 
requirements of this section.
    (iii) Telecommunications Relay Services Fund. Effective July 26, 
1993, an Interstate Cost Recovery Plan, hereinafter

[[Page 180]]

referred to as the TRS Fund, shall be administered by an entity selected 
by the Commission (administrator). The initial administrator, for an 
interim period, will be the National Exchange Carrier Association, Inc.
    (A) Contributions. Every carrier providing interstate 
telecommunications services shall contribute to the TRS Fund on the 
basis of its relative share of gross interstate revenues as described 
herein. Contributions shall be made by all carriers who provide 
interstate services, including, but not limited to, cellular telephone 
and paging, mobile radio, operator services, personal communications 
service (PCS), access (including subscriber line charges), alternative 
access and special access, packet-switched, WATS, 800, 900, message 
telephone service (MTS), private line, telex, telegraph, video, 
satellite, intraLATA, international and resale services.
    (B) Contribution computations. Contributors' contribution to the TRS 
fund shall be the product of their subject revenues for the prior 
calendar year and a contribution factor determined annually by the 
Commission. The contribution factor shall be based on the ratio between 
expected TRS Fund expenses to total interstate revenues. In the event 
that contributions exceed TRS payments and administrative costs, the 
contribution factor for the following year will be adjusted by an 
appropriate amount, taking into consideration projected cost and usage 
changes. In the event that contributions are inadequate, the fund 
administrator may request authority from the Commission to borrow funds 
commercially, with such debt secured by future years contributions. Each 
subject carrier must contribute at least $100 per year. Service 
providers whose annual contributions total less than $1,200 must pay the 
entire contribution at the beginning of the contribution period. Service 
providers whose contributions total $1,200 or more may divide their 
contributions into equal monthly payments. Contributions shall be 
calculated and filed in accordance with a ``TRS Fund Worksheet,'' which 
shall be published in the Federal Register. The worksheet sets forth 
information that must be provided by the contributor, the formula for 
computing the contribution, the manner of payment, and due dates for 
payments. The worksheet shall be certified to by an officer of the 
contributor, and subject to verification by the Commission or the 
administrator at the discretion of the Commission. Contributors' 
statements in the worksheet shall be subject to the provisions of 
section 220 of the Communications Act of 1934, as amended. The fund 
administrator may bill contributors a separate assessment for reasonable 
administrative expenses and interest resulting from improper filing or 
overdue contributions.
    (C) Data collection from TRS Providers. TRS providers shall provide 
the administrator with true and adequate data necessary to determine TRS 
fund revenue requirements and payments. TRS providers shall provide the 
administrator with the following: total TRS minutes of use, total 
interstate TRS minutes of use, total TRS operating expenses and total 
TRS investment in general accordance with part 32 of the Communications 
Act, and other historical or projected information reasonably requested 
by the administrator for purposes of computing payments and revenue 
requirements. The administrator and the Commission shall have the 
authority to examine, verify and audit data received from TRS providers 
as necessary to assure the accuracy and integrity of fund payments.
    (D) The TRS Fund will be subject to a yearly audit performed by an 
independent certified accounting firm or the Commission, or both.
    (E) Payments to TRS Providers. TRS Fund payments shall be 
distributed to TRS providers based on formulas approved or modified by 
the Commission. The administrator shall file schedules of payment 
formulas with the Commission. Such formulas shall be designed to 
compensate TRS providers for reasonable costs of providing interstate 
TRS, and shall be subject to Commission approval. Such formulas shall be 
based on total monthly interstate TRS minutes of use. TRS minutes of use 
for purposes of interstate cost recovery under the TRS Fund are defined 
as the minutes of use for completed interstate

[[Page 181]]

TRS calls placed through the TRS center beginning after call set-up and 
concluding after the last message call unit. In addition to the data 
required under paragraph (c)(4)(iii)(C) of this section, all TRS 
providers, including providers who are not interexchange carriers, local 
exchange carriers, or certified state relay providers, must submit 
reports of interstate TRS minutes of use to the administrator in order 
to receive payments. The administrator shall establish procedures to 
verify payment claims, and may suspend or delay payments to a TRS 
provider if the TRS provider fails to provide adequate verification of 
payment upon reasonable request, or if directed by the Commission to do 
so. TRS Fund administrator shall make payments only to eligible TRS 
providers operating pursuant to the mandatory minimum standards as 
required in Sec. 64.604, and after disbursements to the administrator 
for reasonable expenses incurred by it in connection with TRS Fund 
administration. TRS providers receiving payments shall file a form 
prescribed by the administrator. The administrator shall fashion a form 
that is consistent with Parts 32 and 36 procedures reasonably tailored 
to meet the needs of TRS providers. The Commission shall have authority 
to audit providers and have access to all data, including carrier 
specific data, collected by the fund administrator. The fund 
administrator shall have authority to audit TRS providers reporting data 
to the administrator.
    (F) TRS providers eligible for receiving payments from the TRS Fund 
are:
    (1) TRS facilities operated under contract with and/or by certified 
state TRS programs pursuant to Sec. 64.605; or
    (2) TRS facilities owned by or operated under contract with a common 
carrier providing interstate services operated pursuant to Sec. 64.604; 
or
    (3) Interstate common carriers offering TRS pursuant to Sec. 64.604.

    (G) Any eligible TRS provider as defined in paragraph (c)(4)(iii) 
(F) of this section shall notify the administrator of its intent to 
participate in the TRS Fund thirty (30) days prior to submitting reports 
of TRS interstate minutes of use in order to receive payment settlements 
for interstate TRS, and failure to file may exclude the TRS provider 
from eligibility for the year.
    (H) Administrator reporting, monitoring, and filing requirements. 
The administrator shall perform all filing and reporting functions 
required under paragraphs (c)(4)(iii) (A) through (J), of this section. 
Beginning in 1994, TRS payment formulas and revenue requirements shall 
be filed with the Commission on October 1 of each year, to be effective 
for a one-year period beginning the following January 1. The 
administrator shall report annually to the Commission an itemization of 
monthly administrative costs which shall consist of all expenses, 
receipts, and payments associated with the administration of TRS Fund. 
The administrator is required to keep the TRS Fund separate from all 
other funds administered by the administrator, shall file a cost 
allocation manual (CAM), and shall provide the Commission full access to 
all data collected pursuant to the administration of the TRS Fund. The 
administrator shall establish a non-paid, voluntary advisory committee 
of persons from the hearing and speech disability community, TRS users 
(voice and text telephone), interstate service providers, state 
representatives, and TRS providers, which will meet at reasonable 
intervals (at least semi-annually (in order to monitor TRS cost recovery 
matters. Each group shall select its own representative to the 
committee. The administrator's annual report shall include a discussion 
of advisory committee deliberations.
    (I) Information filed with the administrator. The administrator 
shall keep all data obtained from contributors and TRS providers 
confidential and shall not disclose such data in company-specific form 
unless directed to do so by the Commission. The administrator shall not 
use such data except for purposes of administering the TRS Fund, 
calculating the regulatory fees of interstate common carriers, and 
aggregating such fee payments for submission to the Commission. The 
Commission shall have access to all data reported to the administrator, 
and authority to audit TRS providers.
    (J) The administrator's performance and this plan shall be reviewed 
by the Commission after two years.

[[Page 182]]

    (K) All parties providing services or contributions or receiving 
payments under this section are subject to the enforcement provisions 
specified in the Communications Act, the Americans with Disabilities 
Act, and the Commission's rules.
    (5) Complaints--(i) Referral of complaint. If a complaint to the 
Commission alleges a violation of this subpart with respect to 
intrastate TRS within a state and certification of the program of such 
state under Sec. 64.605 is in effect, the Commission shall refer such 
complaint to such state expeditiously.
    (ii) Jurisdiction of Commission. After referring a complaint to a 
state under paragraph (c)(5)(i) of this section, or if a complaint is 
filed directly with a state, the Commission shall exercise jurisdiction 
over such complaint only if:
    (A) Final action under such state program has not been taken within:
    (1) 180 days after the complaint is filed with such state; or
    (2) A shorter period as prescribed by the regulations of such state; 
or
    (B) The Commission determines that such state program is no longer 
qualified for certification under Sec. 64.605.
    (iii) Complaint procedures--(A) Content. A complaint shall be in 
writing, addressed to the Federal Communications Commission, Common 
Carrier Bureau, TRS Complaints, Washington, DC 20554, or addressed to 
the appropriate state office, and shall contain:
    (1) The name and address of the complainant,
    (2) The name and address of the defendant against whom the complaint 
is made,
    (3) A complete statement of the facts, including supporting data, 
where available, showing that such defendant did or omitted to do 
anything in contravention of this subpart, and
    (4) The relief sought.
    (B) Amended complaints. An amended complaint setting forth 
transactions, occurrences or events which have happened since the filing 
of the original complaint and which relate to the original cause of 
action may be filed with the Commission.
    (C) Number of copies. An original and two copies of all pleadings 
shall be filed.
    (D) Service--(1) Except where a complaint is referred to a state 
pursuant to Sec. 64.604(c)(5)(i), or where a complaint is filed directly 
with a state, the Commission will serve on the named party a copy of any 
complaint or amended complaint filed with it, together with a notice of 
the filing of the complaint. Such notice shall call upon the defendant 
to satisfy or answer the complaint in writing within the time specified 
in said notice of complaint.
    (2) All subsequent pleadings and briefs shall be served by the 
filing party on all other parties to the proceeding in accordance with 
the requirements of Sec. 1.47 of this chapter. Proof of such service 
shall also be made in accordance with the requirements of said section.
    (E) Answers to complaints and amended complaints. Any party upon 
whom a copy of a complaint or amended complaint is served under this 
subpart shall serve an answer within the time specified by the 
Commission in its notice of complaint. The answer shall advise the 
parties and the Commission fully and completely of the nature of the 
defense and shall respond specifically to all material allegations of 
the complaint. In cases involving allegations of harm, the answer shall 
indicate what action has been taken or is proposed to be taken to stop 
the occurrence of such harm. Collateral or immaterial issues shall be 
avoided in answers and every effort should be made to narrow the issues. 
Matters alleged as affirmative defenses shall be separately stated and 
numbered. Any defendant failing to file and serve an answer within the 
time and in the manner prescribed may be deemed in default.
    (F) Replies to answers or amended answers. Within 10 days after 
service of an answer or an amended answer, a complainant may file and 
serve a reply which shall be responsive to matters contained in such 
answer or amended answer and shall not contain new matter. Failure to 
reply will not be deemed an admission of any allegation contained in 
such answer or amended answer.
    (G) Defective pleadings. Any pleading filed in a complaint 
proceeding that is not in substantial conformity with the

[[Page 183]]

requirements of the applicable rules in this subpart may be dismissed.

[56 FR 36731, Aug. 1, 1991, as amended at 58 FR 12176, Mar. 3, 1993; 58 
FR 39673, July 26, 1993; 61 FR 36642, July 12, 1996]

    Effective Date Note: At 62 FR 47152, Sept. 8, 1997, paragraph (a)(3) 
of Sec. 64.604 was suspended from Sept. 8, 1997, through Aug. 26, 1998.



Sec. 64.605  State certification.

    (a) State documentation. Any state, through its office of the 
governor or other delegated executive office empowered to provide TRS, 
desiring to establish a state program under this section shall submit, 
not later than October 1, 1992, documentation to the Commission 
addressed to the Federal Communications Commission, Chief, Common 
Carrier Bureau, TRS Certification Program, Washington, DC 20554, and 
captioned ``TRS State Certification Application.'' All documentation 
shall be submitted in narrative form, shall clearly describe the state 
program for implementing intrastate TRS, and the procedures and remedies 
for enforcing any requirements imposed by the state program. The 
Commission shall give public notice of states filing for certification 
including notification in the Federal Register.
    (b) Requirements for certification. After review of state 
documentation, the Commission shall certify, by letter, or order, the 
state program if the Commission determines that the state certification 
documentation:
    (1) Establishes that the state program meets or exceeds all 
operational, technical, and functional minimum standards contained in 
Sec. 64.604;
    (2) Establishes that the state program makes available adequate 
procedures and remedies for enforcing the requirements of the state 
program; and
    (3) Where a state program exceeds the mandatory minimum standards 
contained in Sec. 64.604, the state establishes that its program in no 
way conflicts with federal law.
    (c) Certification period. State certification shall remain in effect 
for five years. One year prior to expiration of certification, a state 
may apply for renewal of its certification by filing documentation as 
prescribed by paragraphs (a) and (b) of this section.
    (d) Method of funding. Except as provided in Sec. 64.604, the 
Commission shall not refuse to certify a state program based solely on 
the method such state will implement for funding intrastate TRS, but 
funding mechanisms, if labeled, shall be labeled in a manner that 
promote national understanding of TRS and do not offend the public.
    (e) Suspension or revocation of certification. The Commission may 
suspend or revoke such certification if, after notice and opportunity 
for hearing, the Commission determines that such certification is no 
longer warranted. In a state whose program has been suspended or 
revoked, the Commission shall take such steps as may be necessary, 
consistent with this subpart, to ensure continuity of TRS.



Sec. 64.606  Furnishing related customer premises equipment.

    (a) Any communications common carrier may provide, under tariff, 
customer premises equipment (other than hearing aid compatible 
telephones as defined in part 68 of this chapter, needed by persons with 
hearing, speech, vision or mobility disabilities. Such equipment may be 
provided to persons with those disabilities or to associations or 
institutions who require such equipment regularly to communicate with 
persons with disabilities. Examples of such equipment include, but are 
not limited to, artificial larynxes, bone conductor receivers and TTs.
    (b) Any carrier which provides telecommunications devices for 
persons with hearing and/or speech disabilities, whether or not pursuant 
to tariff, shall respond to any inquiry concerning:
    (1) The availability (including general price levels) of TTs using 
ASCII, Baudot, or both formats; and
    (2) The compatibility of any TT with other such devices and 
computers.



Sec. 64.607  Provision of hearing aid compatible telephones by exchange carriers.

    In the absence of alternative suppliers in an exchange area, an 
exchange carrier must provide a hearing aid compatible telephone, as 
defined in Sec. 68.316 of this chapter, and provide related installation 
and maintenance services for such telephones on a

[[Page 184]]

detariffed basis to any customer with a hearing disability who requests 
such equipment or services.

[61 FR 42185, Aug. 14, 1996]



Sec. 64.608  Enforcement of related customer premises equipment rules.

    Enforcement of Secs. 64.606 and 64.607 is delegated to those state 
public utility or public service commissions which adopt those sections 
and provide for their enforcement. Subpart G--Furnishing of Enhanced 
Services and Customer-Premises Equipment by Communications Common 
Carriers



    Subpart G--Furnishing of Enhanced Services and Customer-Premises 
Equipment by Communications Common Carriers; Telephone Operator Services



Sec. 64.702  Furnishing of enhanced services and customer-premises equipment.

    (a) For the purpose of this subpart, the term enhanced service shall 
refer to services, offered over common carrier transmission facilities 
used in interstate communications, which employ computer processing 
applications that act on the format, content, code, protocol or similar 
aspects of the subscriber's transmitted information; provide the 
subscriber additional, different, or restructured information; or 
involve subscriber interaction with stored information. Enhanced 
services are not regulated under title II of the Act.
    (b) Communications common carriers subject, in whole or in part, to 
the Communications Act may directly provide enhanced services and 
customer-premises equipment; provided, however, that the Commission may 
prohibit any such common carrier from engaging directly or indirectly in 
furnishing enhanced services or customer-premises equipment to others 
except as provided for in paragraph (c) of this section, or as otherwise 
authorized by the Commission.
    (c) A communications common carrier prohibited by the Commission 
pursuant to paragraph (b) of this section from engaging in the 
furnishing of enhanced services or customer-premises equipment may, 
subject to other provisions of law, have a controlling or lesser 
interest in, or be under common control with, a separate corporate 
entity that furnishes enhanced services or customer-premises equipment 
to others provided the following conditions are met:
    (1) Each such separate corporation shall obtain all transmission 
facilities necessary for the provision of enhanced services pursuant to 
tariff, and may not own any network or local distribution transmission 
facilities or equipment.
    (2) Each such separate corporation shall operate independently in 
the furnishing of enhanced services and customer-premises equipment. It 
shall maintain its own books of account, have separate officers, utilize 
separate operating, marketing, installation, and maintenance personnel, 
and utilize separate computer facilities in the provision of enhanced 
services.
    (3) Each such separate corporation which provides customer-premises 
equipment or enhanced services shall deal with any affiliated 
manufacturing entity only on an arm's length basis.
    (4) Any research or development performed on a joint or separate 
basis for the subsidiary must be done on a compensatory basis. Except 
for generic software within equipment, manufactured by an affiliate, 
that is sold ``off the shelf'' to any interested purchaser, the separate 
corporation must develop its own software, or contract with non-
affiliated vendors.
    (5) All transactions between the separate corporation and the 
carrier or its affiliates which involve the transfer, either direct or 
by accounting or other record entries, of money, personnel, resources, 
other assets or anything of value, shall be reduced to writing. A copy 
of any contract, agreement, or other arrangement entered into between 
such entities shall be filed with the Commission within 30 days after 
the contract, agreement, or other arrangement is made. This provision 
shall not apply to any transaction governed by the provision of an 
effective state or federal tariff.
    (d) A carrier subject to the proscription set forth in paragraph (c) 
of this section:

[[Page 185]]

    (1) Shall not engage in the sale or promotion of enhanced services 
or customer-premises equipment, on behalf of the separate corporation, 
or sell, lease or otherwise make available to the separate corporation 
any capacity or computer system component on its computer system or 
systems which are used in any way for the provision of its common 
carrier communications services. (This does not apply to communications 
services offered the separate subsidiary pursuant to tariff);
    (2) Shall disclose to the public all information relating to network 
design and technical standards and information affecting changes to the 
telecommunications network which would affect either intercarrier 
interconnection or the manner in which customer-premises equipment is 
attached to the interstate network prior to implementation and with 
reasonable advance notification. When such information is disclosed to 
the separate corporation it shall be disclosed and be available to any 
member of the public on the same terms and conditions;
    (3) May not provide to any such separate corporation any customer 
proprietary information unless such information is available to any 
member of the public on the same terms and conditions; and
    (4) Must obtain Commission approval as to the manner in which the 
separate corporation is to be capitalized, prior to obtaining any 
interest in the separate corporation or transferring any assets, and 
must obtain Commission approval of any modification to a Commission 
approved capitalization plan.
    (e) Except as otherwise ordered by the Commission, after March 1, 
1982, the carrier provision of customer-premises equipment used in 
conjunction with the interstate telecommunications network shall be 
separate and distinct from provision of common carrier communications 
services and not offered on a tariffed basis.

(Secs. 4, 201-205, 403, 404, 410; 48 Stat., as amended, 1066, 1070-1072, 
1094, 1098; (47 U.S.C. 154, 201-205, 403, 404, 410))

[45 FR 31364, May 13, 1980, as amended at 46 FR 6008, Jan. 21, 1981]



Sec. 64.703  Consumer information.

    (a) Each provider of operator services shall:
    (1) Identify itself, audibly and distinctly, to the consumer at the 
beginning of each telephone call and before the consumer incurs any 
charge for the call;
    (2) Permit the consumer to terminate the telephone call at no charge 
before the call is connected; and
    (3) Disclose immediately to the consumer, upon request and at no 
charge to the consumer--
    (i) A quotation of its rates or charges for the call;
    (ii) The methods by which such rates or charges will be collected; 
and
    (iii) The methods by which complaints concerning such rates, 
charges, or collection practices will be resolved.
    (b) Each aggregator shall post on or near the telephone instrument, 
in plain view of consumers:
    (1) The name, address, and toll-free telephone number of the 
provider of operator services;
    (2) A written disclosure that the rates for all operator-assisted 
calls are available on request, and that consumers have a right to 
obtain access to the intestate common carrier of their choice and may 
contact their preferred interstate common carriers for information on 
accessing that carrier's service using that telephone;
    (3) In the case of a pay telephone, the local coin rate for the pay 
telephone location; and
    (4) The name and address of the Enforcement Division of the Common 
Carrier Bureau of the Commission (FCC, Enforcement Division, CCB, Mail 
Stop 1600A2, Washington, DC 20554), to which the consumer may direct 
complaints regarding operator services.
    (c) Additional requirements for first 3 years. In addition to 
meeting the requirements of paragraph (a) of this section, each 
presubscribed provider of operator services shall, until January 15, 
1994, identify itself audibly and distinctly to the consumer, not only 
as required in paragraph (a)(1) of this section, but also for a second 
time before connecting the call and before the consumer incurs any 
charge.
    (d) Effect of state law or regulation. The requirements of paragraph 
(b) of

[[Page 186]]

this section shall not apply to an aggregator in any case in which State 
law or State regulation requires the aggregator to take actions that are 
substantially the same as those required in paragraph (b) of this 
section.
    (e) Each provider of operator services shall ensure, by contract or 
tariff, that each aggregator for which such provider is the 
presubscribed provider of operator services is in compliance with the 
requirements of paragraph (b) of this section.

[56 FR 18523, Apr. 23, 1991, as amended at 61 FR 14981, Apr. 4, 1996; 61 
FR 52323, Oct. 7, 1996]



Sec. 64.704  Call blocking prohibited.

    (a) Each aggregator shall ensure that each of its telephones 
presubscribed to a provider of operator services allows the consumer to 
use ``800'' and ``950'' access code numbers to obtain access to the 
provider of operator services desired by the consumer.
    (b) Each provider of operator services shall:
    (1) Ensure, by contract or tariff, that each aggregator for which 
such provider is the presubscribed provider of operator services is in 
compliance with the requirements of paragraphs (a) and (c) of this 
section; and
    (2) Withhold payment (on a location-by-location basis) of any 
compensation, including commissions, to aggregators if such provider 
reasonably believes that the aggregator is blocking access to interstate 
common carriers in violation of paragraphs (a) or (c) of this section.
    (c) Each aggregator shall, by the earliest applicable date set forth 
in this paragraph, ensure that any of its equipment presubscribed to a 
provider of operator services allows the consumer to use equal access 
codes to obtain access to the consumer's desired provider of operator 
services.
    (1) Each pay telephone shall, within six (6) months of the effective 
date of this paragraph, allow the consumer to use equal access codes to 
obtain access to the consumer's desired provider of operator services.
    (2) All equipment that is technologically capable of identifying the 
dialing of an equal access code followed by any sequence of numbers that 
will result in billing to the originating telephone and that is 
technologically capable of blocking access through such dialing 
sequences without blocking access through other dialing sequences 
involving equal access codes, shall, within six (6) months of the 
effective date of this paragraph or upon installation, whichever is 
sooner, allow the consumer to use equal access codes to obtain access to 
the consumer's desired provider of operator services.
    (3) All equipment or software that is manufactured or imported on or 
after April 17, 1992, and installed by any aggregator shall, immediately 
upon installation by the aggregator, allow the consumer to use equal 
access codes to obtain access to the consumer's desired provider of 
operator services.
    (4) All equipment that can be modified at a cost of no more than 
$15.00 per line to be technologically capable of identifying the dialing 
of an equal access code followed by any sequence of numbers that will 
result in billing to the originating telephone and to be technologically 
capable of blocking access through such dialing sequences without 
blocking access through other dialing sequences involving equal access 
codes, shall, within eighteen (18) months of the effective date of this 
paragraph, allow the consumer to use equal access codes to obtain access 
to the consumer's desired provider of operator services.
    (5) All equipment not included in paragraphs (c)(1), (c)(2), (c)(3), 
or (c)(4) of this section shall, no later than April 17, 1997, allow the 
consumer to use equal access codes to obtain access to the consumer's 
desired provider of operator services.
    (6) This paragraph does not apply to the use by consumers of equal 
access code dialing sequences that result in billing to the originating 
telephone.
    (d) All providers of operator services, except those employing a 
store-and-forward device that serves only consumers at the location of 
the device, shall establish an ``800'' or ``950'' access code number 
within six (6) months of the effective date of this paragraph.

[56 FR 18523, Apr. 23, 1991, as amended at 56 FR 40799, Aug. 16, 1991; 
57 FR 34260, Aug. 4, 1992]

[[Page 187]]



Sec. 64.705  Restrictions on charges related to the provision of operator services.

    (a) A provider of operator services shall:
    (1) Not bill for unanswered telephone calls in areas where equal 
access is available;
    (2) Not knowingly bill for unanswered telephone calls where equal 
access is not available;
    (3) Not engage in call splashing, unless the consumer requests to be 
transferred to another provider of operator services, the consumer is 
informed prior to incurring any charges that the rates for the call may 
not reflect the rates from the actual originating location of the call, 
and the consumer then consents to be transferred;
    (4) Except as provided in paragraph (a)(3) of this section, not bill 
for a call that does not reflect the location of the origination of the 
call; and
    (5) Ensure, by contract or tariff, that each aggregator for which 
such provider is the presubscribed provider of operator services is in 
compliance with the requirements of paragraph (b) of this section.
    (b) An aggregator shall ensure that no charge by the aggregator to 
the consumer for using an ``800'' or ``950'' access code number, or any 
other access code number, is greater than the amount the aggregator 
charges for calls placed using the presubscribed provider of operator 
services.

[56 FR 18523, Apr. 23, 1991]



Sec. 64.706  Minimum standards for the routing and handling of emergency telephone calls.

    Upon receipt of any emergency telephone call, providers of operator 
services and aggregators shall ensure immediate connection of the call 
to the appropriate emergency service of the reported location of the 
emergency, if known, and, if not known, of the originating location of 
the call.

[61 FR 14981, Apr. 4, 1996]



Sec. 64.707  Public dissemination of information by providers of operator services.

    Providers of operator services shall regularly publish and make 
available at no cost to inquiring consumers written materials that 
describe any recent changes in operator services and in the choices 
available to consumers in that market.

[56 FR 18524, Apr. 23, 1991]



Sec. 64.708  Definitions.

    As used in Secs. 64.703 through 64.707 of this part and Sec. 68.318 
of this chapter (47 CFR 64.703-64.707, 68.318):
    (a) Access code means a sequence of numbers that, when dialed, 
connect the caller to the provider of operator services associated with 
that sequence;
    (b) Aggregator means any person that, in the ordinary course of its 
operations, makes telephones available to the public or to transient 
users of its premises, for interstate telephone calls using a provider 
of operator services;
    (c) Call splashing means the transfer of a telephone call from one 
provider of operator services to another such provider in such a manner 
that the subsequent provider is unable or unwilling to determine the 
location of the origination of the call and, because of such inability 
or unwillingness, is prevented from billing the call on the basis of 
such location;
    (d) Consumer means a person initiating any interstate telephone call 
using operator services. In collect calling arrangements handled by a 
provider of operator services, both the party on the originating end of 
the call and the party on the terminating end of the call are consumers 
under this definition.
    (e) Equal access has the meaning given that term in Appendix B of 
the Modification of Final Judgment entered by the United States District 
Court on August 24, 1982, in United States v. Western Electric, Civil 
Action No. 82-0192 (D.D.C. 1982), as amended by the Court in its orders 
issued prior to October 17, 1990;
    (f) Equal access code means an access code that allows the public to 
obtain an equal access connection to the carrier associated with that 
code;
    (g) Operator services means any interstate telecommunications 
service initiated from an aggregator location that includes, as a 
component, any automatic or live assistance to a consumer to arrange for 
billing or completion, or

[[Page 188]]

both, of an interstate telephone call through a method other than:
    (1) Automatic completion with billing to the telephone from which 
the call originated; or
    (2) Completion through an access code used by the consumer, with 
billing to an account previously established with the carrier by the 
consumer;
    (h) Presubscribed provider of operator services means the interstate 
provider of operator services to which the consumer is connected when 
the consumer places a call using a provider of operator services without 
dialing an access code;
    (i) Provider of operator services means any common carrier that 
provides operator services or any other person determined by the 
Commission to be providing operator services.

[56 FR 18524, Apr. 23, 1991; 56 FR 25721, June 5, 1991, as amended at 61 
FR 14981, Apr. 4, 1996]



  Subpart H--Extension of Unsecured Credit for Interstate and Foreign 
        Communications Services to Candidates for Federal Office

    Authority:  Secs. 4, 201, 202, 203, 218, 219, 48 Stat. 1066, 1070, 
1077; 47 U.S.C. 154, 201, 202, 203, 218, 219; sec. 401, 86 Stat. 19; 2 
U.S.C. 451.

    Source:  37 FR 9393, May 10, 1972, unless otherwise noted.



Sec. 64.801  Purpose.

    Pursuant to section 401 of the Federal Election Campaign Act of 
1971, Public Law 92-225, these rules prescribe the general terms and 
conditions for the extension of unsecured credit by a communication 
common carrier to a candidate or person on behalf of such candidate for 
Federal office.



Sec. 64.802  Applicability.

    These rules shall apply to each communication common carrier subject 
to the whole or part of the Communications Act of 1934, as amended.



Sec. 64.803  Definitions.

    For the purposes of this subpart:
    (a) Candidate means an individual who seeks nomination for election, 
or election, to Federal office, whether or not such individual is 
elected, and an individual shall be deemed to seek nomination for 
election, or election, if he has (1) taken the action necessary under 
the law of a State to qualify himself for nomination for election, or 
election, to Federal office, or (2) received contributions or made 
expenditures, or has given his consent for any other person to receive 
contributions or make expenditures, with a view to bringing about his 
nomination for election, or election, to such office.
    (b) Election means (1) a general, special, primary, or runoff 
election, (2) a convention or caucus of a political party held to 
nominate a candidate, (3) a primary election held for the selection of 
delegates to a national nominating convention of a political party, and 
(4) a primary election held for the expression of a preference for the 
nomination of persons for election to the office of President.
    (c) Federal office means the office of President or Vice President 
of the United States: or of Senator or Representative in, or Delegate or 
Resident Commissioner to, the Congress of the United States.
    (d) Person means an individual, partnership, committee, association, 
corporation, labor organization, and any other organization or group of 
persons.
    (e) Unsecured credit means the furnishing of service without 
maintaining on a continuing basis advance payment, deposit, or other 
security, that is designed to assure payment of the estimated amount of 
service for each future 2 months period, with revised estimates to be 
made on at least a monthly basis.



Sec. 64.804  Rules governing the extension of unsecured credit to candidates or persons on behalf of such candidates for Federal office for interstate and 
          foreign common carrier communication services.

    (a) There is no obligation upon a carrier to extend unsecured credit 
for interstate and foreign communication services to a candidate or 
person on behalf of such candidate for Federal office. However, if the 
carrier chooses to extend such unsecured credit, it shall comply with 
the requirements set forth in paragraphs (b) through (g) of this 
section.

[[Page 189]]

    (b) If a carrier decides to extend unsecured credit to any candidate 
for Federal office or any person on behalf of such candidate, then 
unsecured credit shall be extended on substantially equal terms and 
conditions to all candidates and all persons on behalf of all candidates 
for the same office, with due regard for differences in the estimated 
quantity of service to be furnished each such candidate or person.
    (c) Before extending unsecured credit, a carrier shall obtain a 
signed written application for service which shall identify the 
applicant and the candidate and state whether or not the candidate 
assumes responsibility for the charges, and which shall also expressly 
state as follows:
    (1) That service is being requested by the applicant or applicants 
and that the person or persons making the application will be 
individually, jointly and severally liable for the payment of all 
charges; and
    (2) That the applicant(s) understands that the carrier will (under 
the provisions of paragraph (d) of this section) discontinue service 
upon written notice if any amount due is not paid upon demand.
    (d) If charges for services rendered are not paid to the carrier 
within 15 days from rendition of a bill therefor, the carrier shall 
forthwith at the end of the 15-day period serve written notice on the 
applicant of intent to discontinue service within 7 days of date of such 
notice for nonpayment and shall discontinue service at the end of the 7-
day period unless all such sums due are paid in full within such 7-day 
period.
    (e) Each carrier shall take appropriate action at law to collect any 
unpaid balance on an account for interstate and foreign communication 
services rendered to a candidate or person on behalf of such candidate 
prior to the expiration of the statute of limitations under section 
415(a) of the Communications Act of 1934, as amended.
    (f) The records of each account, involving the extension by a 
carrier of unsecured credit to a candidate or person on behalf of such 
candidate for common carrier communications services shall be maintained 
by the carrier so as to show separately, for interstate and foreign 
communication services all charges, credits, adjustments, and security, 
if any, and balance receivable.
    (g) On or before January 31, 1973, and on corresponding dates of 
each year thereafter, each carrier which had operating revenues in the 
preceding year in excess of $1 million shall file with the Commission a 
report by account of any amount due and unpaid, as of the end of the 
month prior to the reporting date, for interstate and foreign 
communications services to a candidate or person on behalf of such 
candidate when such amount results from the extension of unsecured 
credit. Each report shall include the following information:
    (1) Name of candidate.
    (2) Name and address of person or persons applying for service.
    (3) Balance due carrier.
    (4) Reason for nonpayment.
    (5) Payment arrangements, if any.
    (6) Date service discontinued.
    (7) Date, nature and status of any action taken at law in compliance 
with paragraph (e) of this section.

[37 FR 9393, May 10, 1972, as amended at 62 FR 5166, Feb. 4, 1997]



                     Subpart I--Allocation of Costs



Sec. 64.901  Allocation of costs.

    (a) Carriers required to separate their regulated costs from 
nonregulated costs shall use the attributable cost method of cost 
allocation for such purpose.
    (b) In assigning or allocating costs to regulated and nonregulated 
activities, carriers shall follow the principles described herein.
    (1) Tariffed services provided to a nonregulated activity will be 
charged to the nonregulated activity at the tariffed rates and credited 
to the regulated revenue account for that service.
    (2) Costs shall be directly assigned to either regulated or 
nonregulated activities whenever possible.
    (3) Costs which cannot be directly assigned to either regulated or 
nonregulated activities will be described as common costs. Common costs 
shall be

[[Page 190]]

grouped into homogeneous cost categories designed to facilitate the 
proper allocation of costs between a carrier's regulated and 
nonregulated activities. Each cost category shall be allocated between 
regulated and nonregulated activities in accordance with the following 
hierarchy:
    (i) Whenever possible, common cost categories are to be allocated 
based upon direct analysis of the origin of the cost themselves.
    (ii) When direct analysis is not possible, common cost categories 
shall be allocated based upon an indirect, cost-causative linkage to 
another cost category (or group of cost categories) for which a direct 
assignment or allocation is available.
    (iii) When neither direct nor indirect measures of cost allocation 
can be found, the cost category shall be allocated based upon a general 
allocator computed by using the ratio of all expenses directly assigned 
or attributed to regulated and nonregulated activities.
    (4) The allocation of central office equipment and outside plant 
investment costs between regulated and nonregulated activities shall be 
based upon the relative regulated and nonregulated usage of the 
investment during the calendar year when nonregulated usage is greatest 
in comparison to regulated usage during the three calendar years 
beginning with the calendar year during which the investment usage 
forecast is filed.
    (c) A telecommunications carrier may not use services that are not 
competitive to subsidize services subject to competition. Services 
included in the definition of universal service shall bear no more than 
a reasonable share of the joint and common costs of facilities used to 
provide those services.

[52 FR 6560, Mar. 4, 1987, as amended at 52 FR 39534, Oct. 22, 1987; 54 
FR 49762, Dec. 1, 1989; 62 FR 45588, Aug. 28, 1997]



Sec. 64.902  Transactions with affiliates.

    Except for carriers which employ average schedules in lieu of 
determining their costs, all carriers subject to Sec. 64.901 are also 
subject to the provisions of Sec. 32.27 of this chapter concerning 
transactions with affiliates.

[55 FR 30461, July 26, 1990]



Sec. 64.903  Cost allocation manuals.

    (a) Each local exchange carrier with annual operating revenues that 
equal or exceed the indexed revenue threshold, as defined in Sec. 32.900 
of this chapter, shall file with the Commission within 90 days after 
publication of that threshold in the Federal Register, a manual 
containing the following information regarding its allocation of costs 
between regulated and unregulated activities:
    (1) A description of each of the carrier's nonregulated activities;
    (2) A list of all the activities to which the carrier now accords 
incidental accounting treatment and the justification therefor;
    (3) A chart showing all of the carrier's corporate affiliates;
    (4) A statement identifying each affiliate that engages in or will 
engage in transactions with the carrier and describing the nature, terms 
and frequency of each transaction;
    (5) A cost apportionment table showing, for each account containing 
costs incurred in providing regulated services, the cost pools with that 
account, the procedures used to place costs into each cost pool, and the 
method used to apportion the costs within each cost pool between 
regulated and nonregulated activities; and
    (6) A description of the time reporting procedures that the carrier 
uses, including the methods or studies designed to measure and allocate 
non-productive time.
    (b) Each carrier shall ensure that the information contained in its 
cost allocation manual is accurate. Carriers must update their cost 
allocation manuals at least annually, except that changes to the cost 
apportionment table and to the description of time reporting procedures 
must be filed at least 15 days before the carrier plans to implement the 
changes. Annual cost allocation manual updates shall be filed on or 
before the last working day of each calendar year.Proposed changes in 
the description of time reporting procedures, the statement concerning

[[Page 191]]

affiliate transactions, and the cost apportionment table must be 
accompanied by a statement quantifying the impact of each change on 
regulated operations. Changes in the description of time reporting 
procedures and the statement concerning affiliate transactions must be 
quantified in $100,000 increments at the account level. Changes in cost 
apportionment tables must be quantified in $100,000 increments at the 
cost pool level. The Chief, Common Carrier Bureau may suspend any such 
charges for a period not to exceed 180 days, and may thereafter allow 
the change to become effective or prescribe a different procedure.
    (c) The Commission may by order require any other communications 
common carrier to file and maintain a cost allocation manual as provided 
in this section.

[57 FR 4375, Feb. 5, 1992, as amended at 59 FR 46358, Sept. 8, 1994; 61 
FR 50246, Sept. 25, 1996; 62 FR 39779, July 24, 1997]



Sec. 64.904  Independent audits.

    (a) Each local exchange carrier required to file a cost allocation 
manual, by virtue of having annual operating revenues that equal or 
exceed the indexed revenue threshold for a given year or by order of the 
Commission, shall have an audit performed by an independent auditor on 
an annual basis, with the initial audit performed in the calendar year 
after the carrier is first required to file a cost allocation manual. 
The audit shall provide a positive opinion on whether the applicable 
data shown in the carrier's annual report required by Sec. 43.21(e)(2) 
of this chapter present fairly, in all material respects, the 
information of the carrier required to be set forth therein in 
accordance with the carrier's cost allocation manual, the Commission's 
Joint Cost orders issued in conjunction with CC Docket No. 86-111 and 
the Commission's rules and regulations including Secs. 32.23 and 32.27 
of this chapter, 64.901, and 64.903 in force as of the date of the 
auditor's report. The audit shall be conducted in accordance with 
generally accepted auditing standards, except as otherwise directed by 
the Chief, Common Carrier Bureau.
    (b) The report of the independent auditor shall be filed at the time 
that the local exchange carrier files the annual report required by 
Sec. 43.21(f)(2) of this chapter.

[57 FR 4375, Feb. 5, 1992, as amended at 62 FR 39779, July 24, 1997]



         Subpart J--International Settlements Policy and Waivers



Sec. 64.1001  International settlements policy and modification requests.

    (a) The procedures set forth in this rule are subject to Commission 
policies on international operating agreements in CC Dkt. No. 90-337.
    (b) If the accounting rate referred to in Sec. 43.51(d)(1) of this 
chapter is lower than the accounting rate in effect in the operating 
agreement of another carrier providing service to or from the same 
foreign point, and there is no modification in the other terms and 
conditions referred to in Sec. 43.51(d)(1) of this chapter, the carrier 
must file a notification letter under paragraph (e) of this section.
    (c) If the amendment referred to in Sec. 43.51(d)(2) of this chapter 
is a simple reduction in the accounting rate, and there is no 
modification in the other terms and conditions referred to in 
Sec. 43.51(d)(2) of this chapter, the carrier must file a notification 
letter under paragraph (e) of this section.
    (d) If the operating agreement or amendment referred to in 
Secs. 43.51 (d)(1) and (d)(2) of this chapter is not subject to 
notification under paragraphs (b) and (c) of this section, the carrier 
must file a modification request under paragraph (f) of this section.
    (e) A notification letter must contain the following information:
    (1) The applicable international service;
    (2) The name of the foreign telecommunications administration;
    (3) The present accounting rate (including any surcharges);
    (4) The new accounting rate (including any surcharges);
    (5) The effective date (see paragraph (h) of this section);
    (6) A statement that the accounting rate will be divided 50-50; and
    (7) A statement that there has been no other modification in the 
operating agreement with the foreign correspondent regarding the 
exchange of services,

[[Page 192]]

interchange or routing of traffic and matters concerning rates, 
accounting rates, division of tolls, allocation of return traffic, or 
the basis of settlement of traffic balances.
    (f) A modification request must contain the following information:
    (1) The applicable international service;
    (2) The name of the foreign telecommunications administration;
    (3) The present accounting rate (including any surcharges);
    (4) The new accounting rate (including any surcharges);
    (5) The effective date;
    (6) The division of the accounting rate;
    (7) An explanation of the proposed modification(s) in the operating 
agreement with the foreign correspondent.
    (g) Notification letters and modification requests must contain 
notarized statements that the filing carrier:
    (1) Has not bargained for, nor has knowledge of, exclusive 
availability of the new accounting rate;
    (2) Has not bargained for, nor has any indication that it will 
receive, more than its proportionate share of return traffic; and
    (3) Has informed the foreign administration that U.S. policy 
requires that competing U.S. carriers have access to accounting rates 
negotiated by the filing carrier with the foreign administration on a 
nondiscriminatory basis.
    (h) The operating agreement or amendment subject to a notification 
letter is effective on the date the carrier files the notification 
letter; provided that the notification letter specifies an effective 
date for the modification that is later than the filing date; provided 
further that, if the purpose of the amendment is to match an accounting 
rate reduction specified in a notification letter previously filed by 
another carrier for the same point, the filing carrier may specify in 
the amendment and notification letter a retroactive effective date 
identical to that on which the previously-filed reduction became 
effective.
    (i) If a carrier files a notification letter for an operating 
agreement or amendment that should have been filed as a modification 
request, the Bureau will return the notification letter to the filing 
carrier and the Bureau will notify the carrier that, before it can 
implement the proposed modification, it must file a modification request 
under paragraph (f) of this section.
    (j) An operating agreement or amendment filed under a modification 
request cannot become effective until the modification request has been 
granted under paragraph (l) of this section.
    (k) On the same day the notification letter or modification request 
is filed, carriers must serve a copy of the notification letter or 
modification request on all carriers providing the same or similar 
service to the foreign administration identified in the filing.
    (l) All modification requests will be subject to a twenty-one (21) 
day pleading period for objections or comments, commencing the date 
after the request is filed. If the modification request is not complete 
when filed, the carrier will be notified that additional information is 
to be submitted, and a new 21 day pleading period will begin when the 
additional information is filed. The modification request will be deemed 
granted as of the twenty-second (22nd) day without any formal staff 
action being taken: provided
    (1) No objections have been filed, and
    (2) The International Bureau has not notified the carrier that grant 
of the modification request may not serve the public interest and that 
implementation of the proposed modification must await formal staff 
action on the modification request. If objections or comments are filed, 
the carrier requesting the modification request may file a response 
pursuant to Sec. 1.45 of this chapter. Modification requests that are 
formally opposed must await formal action by the International Bureau 
before the proposed modification can be implemented.

[56 FR 25372, June 4, 1991, as amended at 58 FR 4354, Jan. 14, 1993; 60 
FR 5333, Jan. 27, 1995; 62 FR 5541, Feb. 6, 1997]



Sec. 64.1002  Alternative settlement arrangements.

    (a) A communications common carrier engaged in providing switched 
voice, telex, telegraph, or packet switched service between the United 
States and a foreign point may seek approval to enter into an operating

[[Page 193]]

agreement with a foreign telecommunications administration containing an 
alternative settlement arrangement that does not comply with the 
requirements of Sec. 43.51(e)(1) and Sec. 63.14 of this chapter and 
Sec. 64.1001 by filing a petition for declaratory ruling in compliance 
with the requirements of this section.
    (b) A petition for declaratory ruling must contain the following:
    (1) Information to demonstrate that either:
    (i) The Commission has made a previous determination that the 
effective competitive opportunities test in Sec. 63.18(h)(6)(i) of this 
chapter has been satisfied on the route covered by the alternative 
settlement arrangement; or
    (ii) The effective competitive opportunities test in 
Sec. 63.18(h)(6)(i) of this chapter is satisfied on the route covered by 
the alternative settlement arrangement; or
    (iii) The alternative settlement arrangement is otherwise in the 
public interest.
    (2) A certification as to whether the alternative settlement 
arrangement affects more than 25 percent of the outbound traffic or 25 
percent of the inbound traffic on the route to which the alternative 
settlement arrangement applies.
    (3) A certification as to whether the parties to the alternative 
settlement arrangement are affiliated, as defined in Sec. 63.18(h)(1)(i) 
of this chapter, or involved in a non-equity joint venture affecting the 
provision of basic services on the route to which the alternative 
settlement arrangement applies.
    (4) A copy of the alternative settlement arrangement if it affects 
more than 25 percent of the outbound traffic or 25 percent of the 
inbound traffic on the route to which the alternative settlement 
arrangement applies, or if it is between parties that are affiliated, as 
defined in Sec. 63.18(h)(1)(i) of this chapter, or that are involved in 
a non-equity joint venture affecting the provision of basic services on 
the route to which the alternative settlement arrangement applies.
    (5) A summary of the terms and conditions of the alternative 
settlement arrangement if it does not come within the scope of paragraph 
(b)(4) of this section. However, upon request by the International 
Bureau, a full copy of such alternative settlement arrangement must be 
forwarded promptly to the International Bureau.
    (c) An alternative settlement arrangement filed for approval under 
this section cannot become effective until the petition for declaratory 
ruling required by paragraph (a) of this section has been granted under 
paragraph (e) of this section.
    (d) On the same day the petition for declaratory ruling has been 
filed, the filing carrier must serve a copy of the petition on all 
carriers providing the same or similar service with the foreign 
administration identified in the petition.
    (e) All petitions for declaratory ruling shall be subject to a 21 
day pleading period for objections or comments, commencing the day after 
the date of public notice listing the petition as accepted for filing. 
The petition will be deemed granted as of the 28th day without any 
formal staff action being taken: provided
    (1) The petition is not formally opposed within the meaning of 
Sec. 1.1202(e) of this chapter; and
    (2) The International Bureau has not notified the filing carrier 
that grant of the petition may not serve the public interest and that 
implementation of the proposed alternative settlement arrangement must 
await formal staff action on the petition. If objections or comments are 
filed, the petitioning carrier may file a response pursuant to Sec. 1.45 
of this chapter. Petitions that are formally opposed must await formal 
action by the International Bureau before the proposed alternative 
settlement arrangement may be implemented.

[62 FR 5541, Feb. 6, 1997]



                Subpart K--Changing Long Distance Service



Sec. 64.1100  Verification of orders for long distance service generated by telemarketing.

    No IXC shall submit to a LEC a primary interexchange carrier (PIC) 
change order generated by telemarketing unless and until the order has 
first

[[Page 194]]

been confirmed in accordance with the following procedures:
    (a) The IXC has obtained the customer's written authorization in a 
form that meets the requirements of Sec. 64.1150; or
    (b) The IXC has obtained the customer's electronic authorization, 
placed from the telephone number(s) on which the PIC is to be changed, 
to submit the order that confirms the information described in paragraph 
(a) of this section to confirm the authorization. IXCs electing to 
confirm sales electronically shall establish one or more toll-free 
telephone numbers exclusively for that purpose. Calls to the number(s) 
will connect a customer to a voice response unit, or similar mechanism, 
that records the required information regarding the PIC change, 
including automatically recording the originating ANI; or
    (c) An appropriately qualified and independent third party operating 
in a location physically separate from the telemarketing representative 
has obtained the customer's oral authorization to submit the PIC change 
order that confirms and includes appropriate verification data (e.g., 
the customer's date of birth or social security number); or
    (d) Within three business days of the customer's request for a PIC 
change, the IXC must send each new customer an information package by 
first class mail containing at least the following information 
concerning the requested change:
    (1) The information is being sent to confirm a telemarketing order 
placed by the customer within the previous week;
    (2) The name of the customer's current IXC;
    (3) The name of the newly requested IXC;
    (4) A description of any terms, conditions, or charges that will be 
incurred;
    (5) The name of the person ordering the change;
    (6) The name, address, and telephone number of both the customer and 
the soliciting IXC;
    (7) A postpaid postcard which the customer can use to deny, cancel 
or confirm a service order;
    (8) A clear statement that if the customer does not return the 
postcard the customer's long distance service will be switched within 14 
days after the date the information package was mailed to [name of 
soliciting carrier];
    (9) The name, address, and telephone number of a contact point at 
the Commission for consumer complaints; and
    (10) IXCs must wait 14 days after the form is mailed to customers 
before submitting their PIC change orders to LECs. If customers have 
cancelled their orders during the waiting period, IXCs, of course, 
cannot submit the customer's orders to LECs.

[57 FR 4740, Feb. 7, 1992, as amended at 60 FR 35853, July 12, 1995; 62 
FR 43481, Aug. 14, 1997; 62 FR 48787, Sept. 17, 1997]

    Effective Date Notes: 1. At 62 FR 43481, Aug. 14, 1997, Sec. 64.1100 
was amended by revising paragraph (a), effective Jan. 12, 1998. For the 
convenience of the user, the superseded text is set forth as follows:

Sec. 64.1100  Verification of orders for long distance service generated 
          by telemarketing.

    (a) The IXC has obtained the customer's written authorization in a 
form that meets the requirements of Sec. 64.1150.

                                * * * * *

    2. At 62 FR 48787, Sept. 17, 1997, Sec. 64.1100(a) was corrected by 
placing the word ``or'' after the semicolon, effective Jan. 12, 1998.



Sec. 64.1150  Letter of agency form and content.

    (a) An interchange carrier shall obtain any necessary written 
authorization from a subscriber for a primary interexchange carrier 
change by using a letter of agency as specified in this section. Any 
letter of agency that does not conform with this section is invalid.
    (b) The letter of agency shall be a separate document (an easily 
separable document containing only the authorizing language described in 
paragraph (e) of this section) whose sole purpose is to authorize an 
interexchange carrier to initiate a primary interexchange carrier 
change. The letter of agency must be signed and dated by the subscriber 
to the telephone line(s) requesting the primary interexchange carrier 
change.

[[Page 195]]

    (c) The letter of agency shall not be combined with inducements of 
any kind on the same document.
    (d) Notwithstanding paragraphs (b) and (c) of this section, the 
letter of agency may be combined with checks that contain only the 
required letter of agency language prescribed in paragraph (e) of this 
section and the necessary information to make the check a negotiable 
instrument. The letter of agency check shall not contain any promotional 
language or material. The letter of agency check shall contain, in 
easily readable, bold-face type on the front of the check, a notice that 
the consumer is authorizing a primary interexchange carrier change by 
signing the check. The letter of agency language also shall be placed 
near the signature line on the back of the check.
    (e) At a minimum, the letter of agency must be printed with a type 
of sufficient size and readable type to be clearly legible and must 
contain clear and unambiguous language that confirms:
    (1) The subscriber's billing name and address and each telephone 
number to be covered by the primary interexchange carrier change order;
    (2) The decision to change the primary interexchange carrier from 
the current interexchange carrier to the prospective interexchange 
carrier;
    (3) That the subscriber designates the interexchange carrier to act 
as the subscriber's agent for the primary interexchange carrier change;
    (4) That the subscriber understands that only one interexchange 
carrier may be designated as the subscriber's interstate or interLATA 
primary interexchange carrier for any one telephone number. To the 
extent that a jurisdiction allows the selection of additional primary 
interexchange carriers (e.g., for intrastate, intraLATA or international 
calling), the letter of agency must contain separate statements 
regarding those choices. Any carrier designated as a primary 
interexchange carrier must be the carrier directly setting the rates for 
the subscriber. One interexchange carrier can be both a subscriber's 
interstate or interLATA primary interexchange carrier and a subscriber's 
intrastate or intraLATA primary interexchange carrier; and
    (5) That the subscriber understands that any primary interexchange 
carrier selection the subscriber chooses may involve a charge to the 
subscriber for changing the subscriber's primary interexchange carrier.
    (f) Letters of agency shall not suggest or require that a subscriber 
take some action in order to retain the subscriber's current 
interexchange carrier.
    (g) If any portion of aletter of agency is translated into another 
language, then all portions of the letter of agency must be translated 
into that language. Every letter of agency must be translated into the 
same language as any promotional materials, oral descriptions or 
instructions provided with the letter of agency.

[60 FR 35853, July 12, 1995, as amended at 62 FR 43481, Aug. 14, 1997]

    Effective Date Note: At 62 FR 43481, Aug. 14, 1997, Sec. 64.1150 was 
amended by revising paragraphs (e)(4) and (g). These amendments contain 
information collection requirements and will not become effective until 
approval has been given by the Office of Management and Budget.



            Subpart L--Restrictions on Telephone Solicitation



Sec. 64.1200  Delivery restrictions.

    (a) No person may:
    (1) Initiate any telephone call (other than a call made for 
emergency purposes or made with the prior express consent of the called 
party) using an automatic telephone dialing system or an artificial or 
prerecorded voice,
    (i) To any emergency telephone line, including any 911 line and any 
emergency line of a hospital, medical physician or service office, 
health care facility, poison control center, or fire protection or law 
enforcement agency;
    (ii) To the telephone line of any guest room or patient room of a 
hospital, health care facility, elderly home, or similar establishment; 
or
    (iii) To any telephone number assigned to a paging service, cellular 
telephone service, specialized mobile radio service, or other radio 
common carrier service, or any service for which the called party is 
charged for the call;

[[Page 196]]

    (2) Initiate any telephone call to any residential telephone line 
using an artificial or prerecorded voice to deliver a message without 
the prior express consent of the called party, unless the call is 
initiated for emergency purposes or is exempted by Sec. 64.1200(c) of 
this section.
    (3) Use a telephone facsimile machine, computer, or other device to 
send an unsolicited advertisement to a telephone facsimile machine.
    (4) Use an automatic telephone dialing system in such a way that two 
or more telephone lines of a multi-line business are engaged 
simultaneously.
    (b) For the purpose of Sec. 64.1200(a) of this section, the term 
emergency purposes means calls made necessary in any situation affecting 
the health and safety of consumers.
    (c) The term telephone call in Sec. 64.1200(a)(2) of this section 
shall not include a call or message by, or on behalf of, a caller:
    (1) That is not made for a commercial purpose,
    (2) That is made for a commercial purpose but does not include the 
transmission of any unsolicited advertisement,
    (3) To any person with whom the caller has an established business 
relationship at the time the call is made, or
    (4) Which is a tax-exempt nonprofit organization.
    (d) All artificial or prerecorded telephone messages delivered by an 
automatic telephone dialing system shall:
    (1) At the beginning of the message, state clearly the identity of 
the business, individual, or other entity initiating the call, and
    (2) During or after the message, state clearly the telephone number 
(other than that of the autodialer or prerecorded message player which 
placed the call) or address of such business, other entity, or 
individual.
    (e) No person or entity shall initiate any telephone solicitation to 
a residential telephone subscriber:
    (1) Before the hour of 8 a.m. or after 9 p.m. (local time at the 
called party's location), and
    (2) Unless such person or entity has instituted procedures for 
maintaining a list of persons who do not wish to receive telephone 
solicitations made by or on behalf of that person or entity. The 
procedures instituted must meet the following minimum standards:
    (i) Written policy. Persons or entities making telephone 
solicitations must have a written policy, available upon demand, for 
maintaining a do-not-call list.
    (ii) Training of personnel engaged in telephone solicitation. 
Personnel engaged in any aspect of telephone solicitation must be 
informed and trained in the existence and use of the do-not-call list.
    (iii) Recording, disclosure of do-not-call requests. If a person or 
entity making a telephone solicitation (or on whose behalf a 
solicitation is made) receives a request from a residential telephone 
subscriber not to receive calls from that person or entity, the person 
or entity must record the request and place the subscriber's name and 
telephone number on the do-not-call list at the time the request is 
made. If such requests are recorded or maintained by a party other than 
the person or entity on whose behalf the solicitation is made, the 
person or entity on whose behalf the solicitation is made will be liable 
for any failures to honor the do-not-call request. In order to protect 
the consumer's privacy, persons or entities must obtain a consumer's 
prior express consent to share or forward the consumer's request not to 
be called to a party other than the person or entity on whose behalf a 
solicitation is made or an affiliated entity.
    (iv) Identification of telephone solicitor. A person or entity 
making a telephone solicitation must provide the called party with the 
name of the individual caller, the name of the person or entity on whose 
behalf the call is being made, and a telephone number or address at 
which the person or entity may be contacted. If a person or entity makes 
a solicitation using an artificial or prerecorded voice message 
transmitted by an autodialer, the person or entity must provide a 
telephone number other than that of the autodialer or prerecorded 
message player which placed the call. The telephone number provided may 
not be a 900 number or any other number for which charges

[[Page 197]]

exceed local or long distance transmission charges.
    (v) Affiliated persons or entities. In the absence of a specific 
request by the subscriber to the contrary, a residential subscriber's 
do-not-call request shall apply to the particular business entity making 
the call (or on whose behalf a call is made), and will not apply to 
affiliated entities unless the consumer reasonably would expect them to 
be included given the identification of the caller and the product being 
advertised.
    (vi) Maintenance of do-not-call lists. A person or entity making 
telephone solicitations must maintain a record of a caller's request not 
to receive future telephone solicitations. A do not call request must be 
honored for 10 years from the time the request is made.
    (f) As used in this section:
    (1) The terms automatic telephone dialing system and autodialer mean 
equipment which has the capacity to store or produce telephone numbers 
to be called using a random or sequential number generator and to dial 
such numbers.
    (2) The term telephone facsimile machine means equipment which has 
the capacity to transcribe text or images, or both, from paper into an 
electronic signal and to transmit that signal over a regular telephone 
line, or to transcribe text or images (or both) from an electronic 
signal received over a regular telephone line onto paper.
    (3) The term telephone solicitation means the initiation of a 
telephone call or message for the purpose of encouraging the purchase or 
rental of, or investment in, property, goods, or services, which is 
transmitted to any person, but such term does not include a call or 
message:
    (i) To any person with that person's prior express invitation or 
permission;
    (ii) To any person with whom the caller has an established business 
relationship; or
    (iii) By or on behalf of a tax-exempt nonprofit organization.
    (4) The term established business relationship means a prior or 
existing relationship formed by a voluntary two-way communication 
between a person or entity and a residential subscriber with or without 
an exchange of consideration, on the basis of an inquiry, application, 
purchase or transaction by the residential subscriber regarding products 
or services offered by such person or entity, which relationship has not 
been previously terminated by either party.
    (5) The term unsolicited advertisement means any material 
advertising the commercial availability or quality of any property, 
goods, or services which is transmitted to any person without that 
person's prior express invitation or permission.

[57 FR 48335, Oct. 23, 1992; 57 FR 53293, Nov. 9, 1992, as amended at 60 
FR 42069, Aug. 15, 1995]



Sec. 64.1201  Restrictions on billing name and address disclosure.

    (a) As used in this section:
    (1) The term billing name and address means the name and address 
provided to a local exchange company by each of its local exchange 
customers to which the local exchange company directs bills for its 
services.
    (2) The term ``telecommunications service provider'' means 
interexchange carriers, operator service providers, enhanced service 
providers, and any other provider of interstate telecommunications 
services.
    (3) The term authorized billing agent means a third party hired by a 
telecommunications service provider to perform billing and collection 
services for the telecommunications service provider.
    (4) The term bulk basis means billing name and address information 
for all the local exchange service subscribers of a local exchange 
carrier.
    (5) The term LEC joint use card means a calling card bearing an 
account number assigned by a local exchange carrier, used for the 
services of the local exchange carrier and a designated interexchange 
carrier, and validated by access to data maintained by the local 
exchange carrier.
    (b) No local exchange carrier providing billing name and address 
shall disclose billing name and address information to any party other 
than a telecommunications service provider or an authorized billing and 
collection agent of a telecommunications service provider.

[[Page 198]]

    (c)(1) No telecommunications service provider or authorized billing 
and collection agent of a telecommunications service provider shall use 
billing name and address information for any purpose other than the 
following:
    (i) Billing customers for using telecommunications services of that 
service provider and collecting amounts due;
    (ii) Any purpose associated with the ``equal access'' requirement of 
United States v. AT&T 552 F.Supp. 131 (D.D.C. 1982); and
    (iii) Verification of service orders of new customers, 
identification of customers who have moved to a new address, fraud 
prevention, and similar nonmarketing purposes.
    (2) In no case shall any telecommunications service provider or 
authorized billing and collection agent of a telecommunications service 
provider disclose the billing name and address information of any 
subscriber to any third party, except that a telecommunications service 
provider may disclose billing name and address information to its 
authorized billing and collection agent.
    (d) [Reserved]
    (e)(1) All local exchange carriers providing billing name and 
address information shall notify their subscribers that:
    (i) The subscriber's billing name and address will be disclosed, 
pursuant to Policies and Rules Concerning Local Exchange Carrier 
Validation and Billing Information for Joint Use Calling Cards, CC 
Docket No. 91-115, FCC 93-254, adopted May 13, 1993, whenever the 
subscriber uses a LEC joint use card to pay for services obtained from 
the telecommunications service provider, and
    (ii) The subscriber's billing name and address will be disclosed, 
pursuant to Policies and Rules Concerning Local Exchange Carrier 
Validation and Billing Information for Joint Use Calling Cards, CC 
Docket No. 91-115, FCC 93-254, adopted May 13, 1993, whenever the 
subscriber accepts a third party or collect call to a telephone station 
provided by the LEC to the subscriber.
    (2) In addition to the notification specified in paragraph (e)(1) of 
this section, all local exchange carriers providing billing name and 
address information shall notify their subscribers with unlisted or 
nonpublished telephone numbers that:
    (i) Customers have a right to request that their BNA not be 
disclosed, and that customers may prevent BNA disclosure for third party 
and collect calls as well as calling card calls;
    (ii) LECs will presume that unlisted and nonpublished end users 
consent to disclosure and use of their BNA if customers do not 
affirmatively request that their BNA not be disclosed; and
    (iii) The presumption in favor of consent for disclosure will begin 
30 days after customers receive notice.
    (3) No local exchange carrier shall disclose the billing name and 
address information associated with any calling card call made by any 
subscriber who has affirmatively withheld consent for disclosure of BNA 
information, or for any third party or collect call charged to any 
subscriber who has affirmatively withheld consent for disclosure of BNA 
information.

[53 FR 36145, July 6, 1993, as amended at 58 FR 65671, Dec. 16, 1993; 61 
FR 8880, Mar. 6, 1996]



                Subpart M--Provision of Payphone Service



Sec. 64.1300  Payphone compensation obligation.

    (a) Except as provided herein, every carrier to whom a completed 
call from a payphone is routed shall compensate the payphone service 
provider for the call at a rate agreed upon by the parties by contract.
    (b) The compensation obligation set forth herein shall not apply to 
calls to emergency numbers, calls by hearing disabled persons to a 
telecommunications relay service or local calls for which the caller has 
made the required coin deposit.
    (c) In the absence of an agreement as required by paragraph (a) of 
this section, the carrier obligated to compensate the payphone service 
provider shall do so at a per-call rate equal to its local coin rate at 
the payphone in question.
    (d) For the initial one-year period during which carriers are 
required to pay per-call compensation, in the absence of an agreement as 
required by

[[Page 199]]

paragraph (a) of this section, the carrier is obligated to compensate 
the payphone service provider at a per-call rate of $.35 per call. After 
this initial one-year period of per-call compensation, paragraph (c) of 
this section will apply.

[61 FR 52324, Oct. 7, 1996]

    Effective Date Note: At 61 FR 52324, Oct. 7, 1996, Sec. 64.1300 was 
added, effective Oct. 7, 1997



Sec. 64.1301  Payphone compensation.

    (a) Each payphone service provider eligible to receive compensation 
shall be paid $45.85 per payphone per month for originating access code 
and toll-free calls.
    (b) This compensation shall be paid by interexchange carriers (IXCs) 
that earn annual toll revenues in excess of $100 million, as reported in 
the FCC staff report entitled ``Long Distance Market Shares.'' Each 
individual IXC's compensation obligation shall be set in accordance with 
its relative share of toll revenues among IXCs required to pay 
compensation. For example, if total toll revenues of IXCs required to 
pay compensation is $50 billion, and one of these IXCs had $5 billion of 
total toll revenues, the IXC must pay $4.585 per payphone per month.
    (c) Initial compensation obligations are set forth in Appendix B of 
the Commission's Second Report and Order in CC Docket No. 91-35, 
released May 8, 1992. Compensation obligations shall be adjusted 
periodically if the operational status of any eligible IXC changes or in 
accordance with revised toll revenue data. In either such event, the 
Common Carrier Bureau shall issue a public notice showing the revised 
compensation obligations. These revised obligations shall become 
effective on the date specified in the public notice.
    (d) IXCs obligated to pay compensation and payphone service 
providers are responsible for establishing their own billing or payment 
arrangements.
    (e) LECs shall provide IXCs paying compensation under paragraphs (b) 
and (c) of this section with a list each quarter of all telephone lines 
receiving customer-owned coin-operated telephone (COCOT) service in the 
LEC's region as of the date the list was generated.
    (f) A competitive payphone owner (PPO) that seeks compensation for 
competitive payphones that are not included on a LEC COCOT list 
satisfies its obligation to provide alternative reasonable verification 
to an IXC if it provides to that IXC:
    (1) A notarized affidavit, signed by the president of the company, 
attesting that each of the payphones for which the PPO seeks 
compensation is a competitive payphone that was in working order as of 
the last day of the compensation period); and
    (2) Corroborating evidence that each such payphone is owned by the 
PPO seeking compensation and was in working order on the last day of the 
compensation period. Corroborating evidence shall include, at a minimum, 
the telephone bill for the last month of the billing quarter indicating 
use of a line screening service.

[57 FR 21040, May 18, 1992, as amended at 58 FR 57750, Oct. 27, 1993; 60 
FR 49234, Sept. 22, 1995; 61 FR 52323, Oct. 7, 1996; 61 FR 54345, Oct. 
18, 1996]

    Effective Date Note: At 61 FR 52324, Oct. 7, 1996, Sec. 64.1301 was 
removed, effective Oct. 7, 1997.



Sec. 64.1310  Payphone compensation payment procedures.

    (a) It is the responsibility of each carrier to whom a compensable 
call from a payphone is routed to track, or arrange for the tracking of, 
each such call so that it may accurately compute the compensation 
required by Section 64.1300(a).
    (b) Carriers and payphone service providers shall establish 
arrangements for the billing and collection of compensation for calls 
subject to Section 64.1300(a).
    (c) Local Exchange Carriers must provide to carriers required to pay 
compensation pursuant to Section 64.1300(a) a list of payphone numbers 
in their service areas. The list must be provided on a quarterly basis. 
Local Exchange Carriers must verify disputed numbers in a timely manner, 
and must maintain verification data for 18 months after close of the 
compensation period.
    (d) Local Exchange Carriers must respond to all carrier requests for

[[Page 200]]

payphone number verification in connection with the compensation 
requirements herein, even if such verification is a negative response.
    (e) A payphone service provider that seeks compensation for 
payphones that are not included on the Local Exchange Carrier's list 
satisfies its obligation to provide alternative reasonable verification 
to a payor carrier if it provides to that carrier:
    (1) A notarized affidavit attesting that each of the payphones for 
which the payphone service provider seeks compensation is a payphone 
that was in working order as of the last day of the compensation period; 
and
    (2) Corroborating evidence that each such payphone is owned by the 
payphone service provider seeking compensation and was in working order 
on the last day of the compensation period. Corroborating evidence shall 
include, at a minimum, the telephone bill for the last month of the 
billing quarter indicating use of a line screening service.

[61 FR 52324, Oct. 7, 1996]

    Effective Date Note: At 61 FR 52324, Oct. 7, 1996, Sec. 64.1310 was 
added, effective Oct. 7, 1997.



Sec. 64.1320   Payphone compensation verification and reports.

    (a) Carriers subject to payment of compensation pursuant to Section 
64.1300(a) shall conduct an annual verification of calls routed to them 
that are subject to such compensation and file a report with the Chief, 
Common Carrier Bureau within 90 days of the end of the calendar year, 
provided, however, that such verification and report shall not be 
required for calls received after December 31, 1998.
    (b) The annual verification required in this section shall list the 
total amount of compensation paid to payphone service providers for 
intrastate, interstate and international calls, the number of 
compensable calls received by the carrier and the number of payees.

[61 FR 52324, Oct. 7, 1996]

    Effective Date Note: At 61 FR 52324, Oct. 7, 1996, Sec. 64.1320 was 
added, effective Oct. 7, 1997.



Sec. 64.1330  State review of payphone entry and exit regulations and public interest payphones.

    (a) Each state must review and remove any of its regulations 
applicable to payphones and payphone service providers that impose 
market entry or exit requirements.
    (b) Each state must ensure that access to dialtone, emergency calls, 
and telecommunications relay service calls for the hearing disabled is 
available from all payphones at no charge to the caller.
    (c) Each state must review its rules and policies to determine 
whether it has provided for public interest payphones consistent with 
applicable Commission guidelines, evaluate whether it needs to take 
measures to ensure that such payphones will continue to exist in light 
of the Commission's implementation of Section 276 of the Communications 
Act, and administer and fund such programs so that such payphones are 
supported fairly and equitably. This review must be completed by 
September 20, 1998.

[61 FR 52323, Oct. 7, 1996]



Sec. 64.1340  Right to negotiate.

    Unless prohibited by Commission order, payphone service providers 
have the right to negotiate with the location provider on the location 
provider's selecting and contracting with, and, subject to the terms of 
any agreement with the location provider, to select and contract with, 
the carriers that carry interLATA and intraLATA calls from their 
payphones.

 [61 FR 52323, Oct. 7, 1996]



                   Subpart N--Expanded Interconnection



Sec. 64.1401  Expanded interconnection.

    (a) Every local exchange carrier that is classified as a Class A 
company under Sec. 32.11 of this chapter and that is not a National 
Exchange Carrier Association interstate tariff participant, as provided 
in part 69, subpart G of this chapter, shall offer expanded 
interconnection for interstate special access services at their central 
offices that are classified as end offices or serving

[[Page 201]]

wire centers, and at other rating points used for interstate special 
access.
    (b) The local exchange carriers specified in paragraph (a) of this 
section shall offer expanded interconnection for interstate switched 
transport services:
    (1) In their central offices that are classified as end offices or 
serving wire centers, as well as at all tandem offices housed in 
buildings containing such carriers' end offices or serving wire centers 
for which interstate switched transport expanded interconnection has 
been tariffed;
    (2) Upon bona fide request, in tandem offices housed in buildings 
not containing such carriers' end offices or serving wire centers, or in 
buildings containing the carriers' end offices or serving wire centers 
for which interstate switched transport expanded interconnection has not 
been tariffed; and
    (3) Upon bona fide request, at remote nodes/switches that serve as 
rating points for interstate switched transport and that are capable of 
routing outgoing interexchange access traffic to interconnectors and in 
which interconnectors can route terminating traffic to such carriers. No 
such carrier is required to enhance remote nodes/switches or to build 
additional space to accommodate interstate switched transport expanded 
interconnection at these locations.
    (c) The local exchange carriers specified in paragraph (a) of this 
section shall offer expanded interconnection for interstate special 
access and switched transport services through virtual collocation, 
except that they may offer physical collocation, instead of virtual 
collocation, in specific central offices, as a service subject to non-
streamlined communications common carrier regulation under Title II of 
the Communications Act (47 U.S.C. 201-228).
    (d) For the purposes of this subpart, physical collocation means an 
offering that enables interconnectors:
    (1) To place their own equipment needed to terminate basic 
transmission facilities, including optical terminating equipment and 
multiplexers, within or upon the local exchange carrier's central office 
buildings;
    (2) To use such equipment to connect interconnectors' fiber optic 
systems or microwave radio transmission facilities (where reasonably 
feasible) with the local exchange carrier's equipment and facilities 
used to provide interstate special access services;
    (3) To enter the local exchange carrier's central office buildings, 
subject to reasonable terms and conditions, to install, maintain, and 
repair the equipment described in paragraph (d)(1) of this section; and
    (4) To obtain reasonable amounts of space in central offices for the 
equipment described in paragraph (d)(1) of this section, allocated on a 
first-come, first-served basis.
    (e) For purposes of this subpart, virtual collocation means an 
offering that enables interconnectors:
    (1) To designate or specify equipment needed to terminate basic 
transmission facilities, including optical terminating equipment and 
multiplexers, to be located within or upon the local exchange carrier's 
buildings, and dedicated to such interconnectors' use,
    (2) To use such equipment to connect interconnectors' fiber optic 
systems or microwave radio transmission facilities (where reasonably 
feasible) with the local exchange carrier's equipment and facilities 
used to provide interstate special and switched access services, and
    (3) To monitor and control their communications channels terminating 
in such equipment.
    (f) Under both physical collocation offering and virtual collocation 
offerings for expanded interconnection of fiber optic facilities, local 
exchange carriers shall provide:
    (1) An interconnection point or points at which the fiber optic 
cable carrying an interconnectors' circuits can enter each local 
exchange carrier location, provided that the local exchange carrier 
shall designate interconnection points as close as reasonably possible 
to each location; and
    (2) At least two such interconnection points at any local exchange 
carrier location at which there are at least two entry points for the 
local exchange carrier's cable facilities, and space is available for 
new facilities in at least two of those entry points.

[[Page 202]]

    (g) The local exchange carriers specified in paragraph (a) of this 
section shall offer signalling for tandem switching, as defined in 
Sec. 69.2(vv) of this chapter, at central offices that are classified as 
equal office end offices or serving wire centers, or at signal transfer 
points if such information is offered via common channel signalling.

[57 FR 54331, Nov. 18, 1992, as amended at 58 FR 48762, Sept. 17, 1993; 
59 FR 32930, June 27, 1994; 59 FR 38930, Aug. 1, 1994]



Sec. 64.1402  Rights and responsibilities of interconnectors.

    (a) For the purposes of this subpart, an interconnector means a 
party taking expanded interconnection offerings. Any party shall be 
eligible to be an interconnector.
    (b) Interconnectors shall have the right, under expanded 
interconnection, to interconnect their fiber optic systems and, where 
reasonably feasible, their microwave transmission facilities.
    (c) Interconnectors shall not be allowed to use interstate special 
access expanded interconnection offerings to connect their transmission 
facilities with the local exchange carrier's interstate switched 
services until that local exchange carrier's tariffs implementing 
expanded interconnection for switched transport have become effective.

[57 FR 54331, Nov. 18, 1992, as amended at 61 FR 43160, Aug. 21, 1996]



    Subpart O--Interstate Pay-Per-Call and Other Information Services

    Source:  58 FR 44773, Aug. 25, 1993, unless otherwise noted.



Sec. 64.1501  Definitions.

    For purposes of this subpart, the following definitions shall apply:
    (a) Pay-per-call service means any service:
    (1) In which any person provides or purports to provide:
    (i) Audio information or audio entertainment produced or packaged by 
such person;
    (ii) Access to simultaneous voice conversation services; or
    (iii) Any service, including the provision of a product, the charges 
for which are assessed on the basis of the completion of the call;
    (2) For which the caller pays a per-call or per-time-interval charge 
that is greater than, or in addition to, the charge for transmission of 
the call; and
    (3) Which is accessed through use of a 900 number;
    (4) Provided, however, such term does not include directory services 
provided by a common carrier or its affiliate or by a local exchange 
carrier or its affiliate, or any service for which users are assessed 
charges only after entering into a presubscription or comparable 
arrangement with the provider of such service.
    (b) Presubscription or comparable arrangement means a contractual 
agreement in which:
    (1) The service provider clearly and conspicuously discloses to the 
consumer all material terms and conditions associated with the use of 
the service, including the service provider's name and address, a 
business telephone number which the consumer may use to obtain 
additional information or to register a complaint, and the rates for the 
service;
    (2) The service provider agrees to notify the consumer of any future 
rate changes;
    (3) The consumer agrees to use the service on the terms and 
conditions disclosed by the service provider; and
    (4) The service provider requires the use of an identification 
number or other means to prevent unauthorized access to the service by 
nonsubscribers;
    (5) Provided, however, that disclosure of a credit, prepaid account, 
debit, charge, or calling card number, along with authorization to bill 
that number, made during the course of a call to an information service 
shall constitute a presubscription or comparable arrangement if an 
introductory message containing the information specified in 
Sec. 64.1504(c)(2) is provided prior to, and independent of, assessment 
of any charges. No other action taken by a consumer during the course of 
a call to an information service, for which charges are assessed, can 
create a presubscription or comparable arrangement.

[[Page 203]]

    (6) Provided, that a presubscription arrangement to obtain 
information services provided by means of a toll-free number shall 
conform to the requirements of Sec. 64.1504(c).
    (c) Calling card means an identifying number or code unique to the 
individual, that is issued to the individual by a common carrier and 
enables the individual to be charged by means of a phone bill for 
charges incurred independent of where the call originates.

[61 FR 39087, July 26, 1996]



Sec. 64.1502  Limitations on the provision of pay-per-call services.

    Any common carrier assigning a telephone number to a provider of 
interstate pay-per-call service shall require, by contract or tariff, 
that such provider comply with the provisions of this subpart and of 
titles II and III of the Telephone Disclosure and Dispute Resolution Act 
(Pub. L. No. 102-556) (TDDRA) and the regulations prescribed by the 
Federal Trade Commission pursuant to those titles.



Sec. 64.1503  Termination of pay-per-call and other information programs.

    (a) Any common carrier assigning a telephone number to a provider of 
interstate pay-per-call service shall specify by contract or tariff that 
pay-per-call programs not in compliance with Sec. 64.1502 shall be 
terminated following written notice to the information provider. The 
information provider shall be afforded a period of no less than seven 
and no more than 14 days during which a program may be brought into 
compliance. Programs not in compliance at the expiration of such period 
shall be terminated immediately.
    (b) Any common carrier providing transmission or billing and 
collection services to a provider of interstate information service 
through any 800 telephone number, or other telephone number advertised 
or widely understood to be toll-free, shall promptly investigate any 
complaint that such service is not provided in accordance with 
Sec. 64.1504 or Sec. 64.1510(c), and, if the carrier reasonably 
determines that the complaint is valid, may terminate the provision of 
service to an information provider unless the provider supplies evidence 
of a written agreement that meets the requirements of this 
Sec. 64.1504(c)(1).

[61 FR 39087, July 26, 1996]



Sec. 64.1504  Restrictions on the use of toll-free numbers.

    A common carrier shall prohibit by tariff or contract the use of any 
800 telephone number, or other telephone number advertised or widely 
understood to be toll-free, in a manner that would result in:
    (a) The calling party or the subscriber to the originating line 
being assessed, by virtue of completing the call, a charge for a call;
    (b) The calling party being connected to a pay-per-call service;
    (c) The calling party being charged for information conveyed during 
the call unless:
    (1) The calling party has a written agreement (including an 
agreement transmitted through electronic medium) that specifies the 
material terms and conditions under which the information is offered and 
includes:
    (i) The rate at which charges are assessed for the information;
    (ii) The information provider's name;
    (iii) The information provider's business address;
    (iv) The information provider's regular business telephone number;
    (v) The information provider's agreement to notify the subscriber at 
least one billing cycle in advance of all future changes in the rates 
charged for the information;
    (vi) The subscriber's choice of payment method, which may be by 
direct remit, debit, prepaid account, phone bill, or credit or calling 
card and, if a subscriber elects to pay by means of phone bill, a clear 
explanation that the subscriber will be assessed for calls made to the 
information service from the subscriber's phone line;
    (vii) A unique personal identification number or other subscriber-
specific identifier that must be used to obtain access to the 
information service and instructions on its use, and, in addition, 
assures that any charges for services accessed by use of the 
subscriber's personal identification number or subscriber-specific 
identifier be assessed to subscriber's source of payment elected

[[Page 204]]

pursuant to paragraph (c)(1)(vi) of this section; or
    (2) The calling party is charged for the information by means of a 
credit, prepaid, debit, charge, or calling card and the information 
service provider includes in response to each call an introductory 
message that:
    (i) Clearly states that there is a charge for the call;
    (ii) Clearly states the service's total cost per minute and any 
other fees for the service or for any service to which the caller may be 
transferred;
    (iii) Explains that the charges must be billed on either a credit, 
prepaid, debit, charge, or calling card;
    (iv) Asks the caller for the card number;
    (v) Clearly states that charges for the call begin at the end of the 
introductory message; and
    (vi) Clearly states that the caller can hang at or before the end of 
the introductory message without incurring any charge whatsoever.
    (d) The calling party being called back collect for the provision of 
audio or data information services, simultaneous voice conversation 
services, or products; and
    (e) The calling party being assessed by virtue of the caller being 
asked to connect or otherwise transfer to a pay-per-call service, a 
charge for the call.
    (f) Provided, however, that:
    (1) Notwithstanding paragraph (c)(1) of this section, a written 
agreement that meets the requirements of that paragraph is not required 
for:
    (i) Calls utilizing telecommunications devices for the deaf;
    (ii) Directory services provided by a common carrier or its 
affiliate or by a local exchange carrier or its affiliate; or
    (iii) Any purchase of goods or of services that are not information 
services.
    (2) The requirements of paragraph (c)(2) of this section shall not 
apply to calls from repeat callers using a bypass mechanism to avoid 
listening to the introductory message: Provided, That information 
providers shall disable such a bypass mechanism after the institution of 
any price increase for a period of time determined to be sufficient by 
the Federal Trade Commission to give callers adequate and sufficient 
notice of a price increase.

[61 FR 39087, July 26, 1996]



Sec. 64.1505  Restrictions on collect telephone calls.

    (a) No common carrier shall provide interstate transmission or 
billing and collection services to an entity offering any service within 
the scope of Sec. 64.1501(a)(1) that is billed to a subscriber on a 
collect basis at a per-call or per-time-interval charge that is greater 
than, or in addition to, the charge for transmission of the call.
    (b) No common carrier shall provide interstate transmission services 
for any collect information services billed to a subscriber at a 
tariffed rate unless the called party has taken affirmative action 
clearly indicating that it accepts the charges for the collect service.



Sec. 64.1506  Number designation.

    Any interstate service described in Sec. 64.1501(a)(1)-(2), and not 
subject to the exclusions contained in Sec. 64.1501(a)(4), shall be 
offered only through telephone numbers beginning with a 900 service 
access code.

[59 FR 46770, Sept. 12, 1994]



Sec. 64.1507  Prohibition on disconnection or interruption of service for failure to remit pay-per-call and similar service charges.

    No common carrier shall disconnect or interrupt in any manner, or 
order the disconnection or interruption of, a telephone subscriber's 
local exchange or long distance telephone service as a result of that 
subscriber's failure to pay:
    (a) Charges for interstate pay-per-call service;
    (b) Charges for interstate information services provided pursuant to 
a presubscription or comparable arrangement; or
    (c) Charges for interstate information services provided on a 
collect basis which have been disputed by the subscriber.

[58 FR 44773, Aug. 25, 1993, as amended at 59 FR 46770, Sept. 12, 1994]

[[Page 205]]



Sec. 64.1508  Blocking access to 900 service.

    (a) Local exchange carriers must offer to their subscribers, where 
technically feasible, an option to block access to services offered on 
the 900 service access code. Blocking is to be offered at no charge, on 
a one-time basis, to:
    (1) All telephone subscribers during the period from November 1, 
1993 through December 31, 1993; and
    (2) Any subscriber who subscribes to a new telephone number for a 
period of 60 days after the new number is effective.
    (b) For blocking requests not within the one-time option or outside 
the time frames specified in paragraph (a) of this section, and for 
unblocking requests, local exchange carriers may charge a reasonable 
one-time fee. Requests by subscribers to remove 900 services blocking 
must be in writing.
    (c) The terms and conditions under which subscribers may obtain 900 
services blocking are to be included in tariffs filed with this 
Commission.



Sec. 64.1509  Disclosure and dissemination of pay-per-call information.

    (a) Any common carrier assigning a telephone number to a provider of 
interstate pay-per-call services shall make readily available, at no 
charge, to Federal and State agencies and all other interested persons:
    (1) A list of the telephone numbers for each of the pay-per-call 
services it carries;
    (2) A short description of each such service;
    (3) A statement of the total cost or the cost per minute and any 
other fees for each such service; and
    (4) A statement of the pay-per-call service provider's name, 
business address, and business telephone number.
    (b) Any common carrier assigning a telephone number to a provider of 
interstate pay-per-call services and offering billing and collection 
services to such provider shall:
    (1) Establish a local or toll-free telephone number to answer 
questions and provide information on subscribers' rights and obligations 
with regard to their use of pay-per-call services and to provide to 
callers the name and mailing address of any provider of pay-per-call 
services offered by that carrier; and
    (2) Provide to all its telephone subscribers, either directly or 
through contract with any local exchange carrier providing billing and 
collection services to that carrier, a disclosure statement setting 
forth all rights and obligations of the subscriber and the carrier with 
respect to the use and payment of pay-per-call services. Such statement 
must include the prohibition against disconnection of basic 
communications services for failure to pay pay-per-call charges 
established by Sec. 64.1507, the right of a subscriber to obtain 
blocking in accordance with Sec. 64.1508, the right of a subscriber not 
to be billed for pay-per-call services not offered in compliance with 
federal laws and regulations established by Sec. 64.1510(a)(1), and the 
possibility that a subscriber's access to 900 services may be 
involuntarily blocked pursuant to Sec. 64.1512 for failure to pay 
legitimate pay-per-call charges. Disclosure statements must be forwarded 
to:
    (i) All telephone subscribers no later than 60 days after these 
regulations take effect;
    (ii) All new telephone subscribers no later than 60 days after 
service is established;
    (iii) All telephone subscribers requesting service at a new location 
no later than 60 days after service is established; and
    (iv) Thereafter, to all subscribers at least once per calendar year, 
at intervals of not less than 6 months nor more than 18 months.

[58 FR 44773, Aug. 25, 1993, as amended at 61 FR 55582, Oct. 28, 1996]



Sec. 64.1510  Billing and collection of pay-per-call and similar service charges.

    (a) Any common carrier assigning a telephone number to a provider of 
interstate pay-per-call services and offering billing and collection 
services to such provider shall:
    (1) Ensure that a subscriber is not billed for interstate pay-per-
call services that such carrier knows or reasonably should know were 
provided in violation of the regulations set forth in

[[Page 206]]

this subpart or prescribed by the Federal Trade Commission pursuant to 
titles II or III of the TDDRA or any other federal law;
    (2) In any billing to telephone subscribers that includes charges 
for any interstate pay-per-call service:
    (i) Include a statement indicating that:
    (A) Such charges are for non-communications services;
    (B) Neither local nor long distances services can be disconnected 
for non-payment although an information provider may employ private 
entities to seek to collect such charges;
    (C) 900 number blocking is available upon request; and
    (D) Access to pay-per-call services may be involuntarily blocked for 
failure to pay legitimate charges;
    (ii) Display any charges for pay-per-call services in a part of the 
bill that is identified as not being related to local and long distance 
telephone charges;
    (iii) Specify, for each pay-per-call charge made, the type of 
service, the amount of the charge, and the date, time, and, for calls 
billed on a time-sensitive basis, the duration of the call; and
    (iv) Identify the local or toll-free number established in 
accordance with Sec. 64.1509(b)(1).
    (b) Any common carrier offering billing and collection services to 
an entity providing interstate information services on a collect basis 
shall, to the extent possible, display the billing information in the 
manner described in paragraphs (a)(2)(i), (A), (B), (D) and (a)(2)(ii) 
of this section.
    (c) If a subscriber elects, pursuant to Sec. 64.1504(c)(1)(vi), to 
pay by means of a phone bill for any information service provided by 
through any 800 telephone number, or other telephone number advertised 
or widely understood to be toll-free, the phone bill shall:
    (1) Include, in prominent type, the following disclaimer: ``Common 
carriers may not disconnect local or long distance telephone service for 
failure to pay disputed charges for information services;'' and
    (2) Clearly list the 800 or other toll-free number dialed.

[58 FR 44773, Aug. 25, 1993, as amended at 59 FR 46771, Sept. 12, 1994; 
61 FR 39088, July 26, 1996]



Sec. 64.1511  Forgiveness of charges and refunds.

    (a) Any carrier assigning a telephone number to a provider of 
interstate pay-per-call services or providing transmission for 
interstate information services provided pursuant to a presubscription 
or comparable arrangement or on a collect basis, and providing billing 
and collection for such services, shall establish procedures for the 
handling of subscriber complaints regarding charges for those services. 
A billing carrier is afforded discretion to set standards for 
determining when a subscriber's complaint warrants forgiveness, refund 
or credit of interstate pay-per-call or information services charges 
provided that such charges must be forgiven, refunded, or credited when 
a subscriber has complained about such charges and either this 
Commission, the Federal Trade Commission, or a court of competent 
jurisdiction has found or the carrier has determined, upon 
investigation, that the service has been offered in violation of federal 
law or the regulations that are either set forth in this subpart or 
prescribed by the Federal Trade Commission pursuant to titles II or III 
of the TDDRA. Carriers shall observe the record retention requirements 
set forth in Sec. 42.6 of this chapter except that relevant records 
shall be retained by carriers beyond the requirements of part 42 of this 
chapter when a complaint is pending at the time the specified retention 
period expires.
    (b) Any carrier assigning a telephone number to a provider of 
interstate pay-per-call services but not providing billing and 
collection services for such services, shall, by tariff or contract, 
require that the provider and/or its billing and collection agents have 
in place procedures whereby, upon complaint, pay-per-call charges may be 
forgiven, refunded, or credited, provided that such charges must be 
forgiven, refunded, or credited when a subscriber has complained about 
such charges and either this Commission, the Federal

[[Page 207]]

Trade Commission, or a court of competent jurisdiction has found or the 
carrier has determined, upon investigation, that the service has been 
offered in violation of federal law or the regulations that are either 
set forth in this subpart or prescribed by the Federal Trade Commission 
pursuant to titles II or III of the TDDRA.

[58 FR 44773, Aug. 25, 1993, as amended at 59 FR 46771, Sept. 12, 1994]



Sec. 64.1512  Involuntary blocking of pay-per-call services.

    Nothing in this subpart shall preclude a common carrier or 
information provider from blocking or ordering the blocking of its 
interstate pay-per-call programs from numbers assigned to subscribers 
who have incurred, but not paid, legitimate pay-per-call charges, except 
that a subscriber who has filed a complaint regarding a particular pay-
per-call program pursuant to procedures established by the Federal Trade 
Commission under title III of the TDDRA shall not be involuntarily 
blocked from access to that program while such a complaint is pending. 
This restriction is not intended to preclude involuntary blocking when a 
carrier or IP has decided in one instance to sustain charges against a 
subscriber but that subscriber files additional separate complaints.



Sec. 64.1513  Verification of charitable status.

    Any common carrier assigning a telephone number to a provider of 
interstate pay-per-call services that the carrier knows or reasonably 
should know is engaged in soliciting charitable contributions shall 
obtain verification that the entity or individual for whom contributions 
are solicited has been granted tax exempt status by the Internal Revenue 
Service.



Sec. 64.1514  Generation of signalling tones.

    No common carrier shall assign a telephone number for any pay-per-
call service that employs broadcast advertising which generates the 
audible tones necessary to complete a call to a pay-per-call service.



Sec. 64.1515  Recovery of costs.

    No common carrier shall recover its cost of complying with the 
provisions of this subpart from local or long distance ratepayers.



           Subpart P--Calling Party Telephone Number; Privacy

    Source:  59 FR 18319, Apr. 18, 1994, unless otherwise noted.



Sec. 64.1600  Definitions.

    (a) Aggregate information. The term ``aggregate information'' means 
collective data that relate to a group or category of services or 
customers, from which individual customer identities or characteristics 
have been removed.
    (b) ANI. The term ``ANI'' (automatic number identification) refers 
to the delivery of the calling party's billing number by a local 
exchange carrier to any interconnecting carrier for billing or routing 
purposes, and to the subsequent delivery of such number to end users.
    (c) Calling party number. The term Calling Party Number refers to 
the subscriber line number or the directory number contained in the 
calling party number parameter of the call set-up message associated 
with an interstate call on a Signaling System 7 network.
    (d) Charge number. The term ``charge number'' refers to the delivery 
of the calling party's billing number in a Signaling System 7 
environment by a local exchange carrier to any interconnecting carrier 
for billing or routing purposes, and to the subsequent delivery of such 
number to end users.
    (e) Privacy indicator. The term Privacy Indicator refers to 
information, contained in the calling party number parameter of the call 
set-up message associated with an interstate call on an Signaling System 
7 network, that indicates whether the calling party authorizes 
presentation of the calling party number to the called party.
    (f) Signaling System 7. The term Signaling System 7 (SS7) refers to 
a carrier to carrier out-of-band signaling network used for call 
routing, billing and management.

[60 FR 29490, June 5, 1995]

[[Page 208]]



Sec. 64.1601  Delivery requirements and privacy restrictions.

    (a) Delivery. Except as provided in paragraph (d) of this section, 
common carriers using Signaling System 7 and offering or subscribing to 
any service based on Signaling System 7 functionality are required to 
transmit the calling party number (CPN) associated with an interstate 
call to interconnecting carriers.
    (b) Privacy. Except as provided in paragraph (d) of this section, 
originating carriers using Signaling System 7 and offering or 
subscribing to any service based on Signaling System 7 functionality 
will recognize *67 dialed as the first three digits of a call (or 1167 
for rotary or pulse dialing phones) as a caller's request that the CPN 
not be passed on an interstate call. Such carriers providing line 
blocking services will recognize *82 as a caller's request that the CPN 
be passed on an interstate call. No common carrier subscribing to or 
offering any service that delivers CPN may override the privacy 
indicator associated with an interstate call. Carriers must arrange 
their CPN-based services, and billing practices, in such a manner that 
when a caller requests that the CPN not be passed, a carrier may not 
reveal that caller's number or name, nor may the carrier use the number 
or name to allow the called party to contact the calling party. The 
terminating carrier must act in accordance with the privacy indicator 
unless the call is made to a called party that subscribes to an ANI or 
charge number based service and the call is paid for by the called 
party.
    (c) Charges. No common carrier subscribing to or offering any 
service that delivers calling party number may
    (1) Impose on the calling party charges associated with per call 
blocking of the calling party's telephone number, or
    (2) Impose charges upon connecting carriers for the delivery of the 
calling party number parameter or its associated privacy indicator.
    (d) Exemptions. Section 64.1601(a) and (b) shall not apply when:
    (1) A call originates from a payphone.
    (2) A local exchange carrier with Signaling System 7 capability does 
not have the software to provide *67 or *82 functionalities. Such 
carriers are prohibited from passing CPN.
    (3) A Private Branch Exchange or Centrex system does not pass end 
user CPN. Centrex systems that rely on *6 or *8 for a function other 
than CPN blocking or unblocking, respectively, are also exempt if they 
employ alternative means of blocking or unblocking.
    (4) CPN delivery--
    (i) Is used solely in connection with calls within the same limited 
system, including (but not limited to) a Centrex system, virtual private 
network, or Private Branch Exchange;
    (ii) Is used on a public agency's emergency telephone line or in 
conjunction with 911 emergency services, or on any entity's emergency 
assistance poison control telephone line; or
    (iii) Is provided in connection with legally authorized call tracing 
or trapping procedures specifically requested by a law enforcement 
agency.

[60 FR 29490, June 5, 1995; 60 FR 54449, Oct. 24, 1995, as amended at 62 
FR 34015, June 24, 1997]



Sec. 64.1602  Restrictions on use and sale of telephone subscriber information provided pursuant to automatic number identification or charge number services.

    (a) Any common carrier providing Automatic Number Identification or 
charge number services on interstate calls to any person shall provide 
such services under a contract or tariff containing telephone subscriber 
information requirements that comply with this subpart. Such 
requirements shall:
    (1) Permit such person to use the telephone number and billing 
information for billing and collection, routing, screening, and 
completion of the originating telephone subscriber's call or 
transaction, or for services directly related to the originating 
telephone subscriber's call or transaction;
    (2) Prohibit such person from reusing or selling the telephone 
number or billing information without first
    (i) Notifying the originating telephone subscriber and,
    (ii) Obtaining the affirmative consent of such subscriber for such 
reuse or sale; and,
    (3) Prohibit such person from disclosing, except as permitted by 
paragraphs

[[Page 209]]

(a) (1) and (2) of this section, any information derived from the 
automatic number identification or charge number service for any purpose 
other than
    (i) Performing the services or transactions that are the subject of 
the originating telephone subscriber's call,
    (ii) Ensuring network performance security, and the effectiveness of 
call delivery,
    (iii) Compiling, using, and disclosing aggregate information, and
    (iv) Complying with applicable law or legal process.
    (b) The requirements imposed under paragraph (a) of the section 
shall not prevent a person to whom automatic number identification or 
charge number services are provided from using
    (1) The telephone number and billing information provided pursuant 
to such service, and
    (2) Any information derived from the automatic number identification 
or charge number service, or from the analysis of the characteristics of 
a telecommunications transmission, to offer a product or service that is 
directly related to the products or services previously acquired by that 
customer from such person. Use of such information is subject to the 
requirements of 47 CFR 64.1200 and 64.1504(c).

[60 FR 29490, June 5, 1995]



Sec. 64.1603  Customer notification.

    Any common carrier participating in the offering of services 
providing calling party number, ANI, or charge number on interstate 
calls must notify its subscribers, individually or in conjunction with 
other carriers, that their telephone numbers may be identified to a 
called party. Such notification must be made not later than December 1, 
1995, and at such times thereafter as to ensure notice to subscribers. 
The notification must be effective in informing subscribers how to 
maintain privacy by dialing *67 (or 1167 for rotary or pulse-dialing 
phones) on interstate calls. The notice shall inform subscribers whether 
dialing *82 (or 1182 for rotary or pulse-dialing phones) on interstate 
calls is necessary to present calling party number to called parties. 
For ANI or charge number services for which such privacy is not 
provided, the notification shall inform subscribers of the restrictions 
on the reuse or sale of subscriber information.

[60 FR 29491, June 5, 1995; 60 FR 54449, Oct. 24, 1995]



Sec. 64.1604  Effective date.

    The provisions of Secs. 64.1600 and 64.1602 are effective April 12, 
1995. The provisions of Secs. 64.1601 and 64.1603 are effective December 
1, 1995, except Secs. 64.1601 and 64.1603 do not apply to public 
payphones and partylines until January 1, 1997.

[60 FR 29491, June 5, 1995; 60 FR 54449, Oct. 24, 1995]



Subpart Q--Implementation of Section 273(d)(5) of the Communiations Act: 
            Dispute Resolution Regarding Equipment Standards

    Source:  61 FR 24903, May 17, 1996, unless otherwise noted.



Sec. 64.1700  Purpose and scope.

    The purpose of this subpart is to implement the Telecommunications 
Act of 1996 which amended the Communications Act by creating section 
273(d)(5), 47 U.S.C. 273(d)(5). Section 273(d) sets forth procedures to 
be followed by non-accredited standards development organizations when 
these organizations set industry-wide standards and generic requirements 
for telecommunications equipment or customer premises equipment. The 
statutory procedures allow outside parties to fund and participate in 
setting the organization's standards and require the organization and 
the parties to develop a process for resolving any technical disputes. 
In cases where all parties cannot agree to a mutually satisfactory 
dispute resolution process, section 273(d)(5) requires the Commission to 
prescribe a dispute resolution process.



Sec. 64.1701  Definitions.

    For purposes of this subpart, the terms accredited standards 
development organization, funding party, generic requirement, and 
industry-wide have the same meaning as found in 47 U.S.C. 273.

[[Page 210]]



Sec. 64.1702  Procedures.

    If a non-accredited standards development organization (NASDO) and 
the funding parties are unable to agree unanimously on a dispute 
resolution process prior to publishing a text for comment pursuant to 47 
U.S.C. 273(d)(4)(A)(v), a funding party may use the default dispute 
resolution process set forth in section 64.1703.



Sec. 64.1703  Dispute resolution default process.

    (a) Tri-Partite Panel. Technical disputes governed by this section 
shall be resolved in accordance with the recommendation of a three-
person panel, subject to a vote of the funding parties in accordance 
with paragraph (b) of this section. Persons who participated in the 
generic requirements or standards development process are eligible to 
serve on the panel. The panel shall be selected and operate as follows:
    (1) Within two (2) days of the filing of a dispute with the NASDO 
invoking the dispute resolution default process, both the funding party 
seeking dispute resolution and the NASDO shall select a representative 
to sit on the panel;
    (2) Within four (4) days of their selection, the two panelists shall 
select a neutral third panel member to create a tri-partite panel;
    (3) The tri-partite panel shall, at a minimum, review the proposed 
text of the NASDO and any explanatory material provided to the funding 
parties by the NASDO, the comments and any alternative text provided by 
the funding party seeking dispute resolution, any relevant standards 
which have been established or which are under development by an 
accredited-standards development organization, and any comments 
submitted by other funding parties;
    (4) Any party in interest submitting information to the panel for 
consideration (including the NASDO, the party seeking dispute resolution 
and the other funding parties) shall be asked by the panel whether there 
is knowledge of patents, the use of which may be essential to the 
standard or generic requirement being considered. The fact that the 
question was asked along with any affirmative responses shall be 
recorded, and considered, in the panel's recommendation; and
    (5) The tri-partite panel shall, within fifteen (15) days after 
being established, decide by a majority vote, the issue or issues raised 
by the party seeking dispute resolution and produce a report of their 
decision to the funding parties. The tri-partite panel must adopt one of 
the five options listed below:
    (i) The NASDO's proposal on the issue under consideration;
    (ii) The position of the party seeking dispute resolution on the 
issue under consideration;
    (iii) A standard developed by an accredited standards development 
organization that addresses the issue under consideration;
    (iv) A finding that the issue is not ripe for decision due to 
insufficient technical evidence to support the soundness of any one 
proposal over any other proposal; or
    (v) Any other resolution that is consistent with the standard 
described in section 64.1703(a)(6).
    (6) The tri-partite panel must choose, from the five options 
outlined above, the option that they believe provides the most 
technically sound solution and base its recommendation upon the 
substantive evidence presented to the panel. The panel is not precluded 
from taking into account complexity of implementation and other 
practical considerations in deciding which option is most technically 
sound. Neither of the disputants (i.e., the NASDO and the funding party 
which invokes the dispute resolution process) will be permitted to 
participate in any decision to reject the mediation panel's 
recommendation.
    (b) The tri-partite panel's recommendation(s) must be included in 
the final industry-wide standard or industry-wide generic requirement, 
unless three-fourths of the funding parties who vote decide within 
thirty (30) days of the filing of the dispute to reject the 
recommendation and accept one of the options specified in paragraphs 
(a)(5) (i) through (v) of this section. Each funding party shall have 
one vote.
    (c) All costs sustained by the tri-partite panel will be 
incorporated into

[[Page 211]]

the cost of producing the industry-wide standard or industry-wide 
generic requirement.



Sec. 64.1704  Frivolous disputes/penalties.

    (a) No person shall willfully refer a dispute to the dispute 
resolution process under this subpart unless to the best of his 
knowledge, information and belief there is good ground to support the 
dispute and the dispute is not interposed for delay.
    (b) Any person who fails to comply with the requirements in 
paragraph (a) of this section, may be subject to forfeiture pursuant to 
section 503(b) of the Communications Act, 47 U.S.C. 503(b).



        Subpart R--Geographic Rate Averaging and Rate Integration

    Authority:  47 U.S.C. Secs. 151, 154(i), 201-205, 214(e), 215 and 
254(g).



Sec. 64.1801  Geographic rate averaging and rate integration.

    (a) The rates charged by providers of interexchange 
telecommunications services to subscribers in rural and high-cost areas 
shall be no higher than the rates charged by each such provider to its 
subscribers in urban areas.
    (b) A provider of interstate interexchange telecommunications 
services shall provide such services to its subscribers in each U.S. 
state at rates no higher than the rates charged to its subscribers in 
any other state.

[61 FR 42564, Aug. 16, 1996]



 Subpart S--Nondominant Interexchange Carrier Certifications Regarding 
       Geographic Rate Averaging and Rate Integration Requirements



Sec. 64.1900  Nondominant interexchange carrier certifications regarding geographic rate averaging and rate integration requirements.

    (a) A nondominant provider of interexchange telecommunications 
services, which provides detariffed interstate, domestic, interexchange 
services, shall file with the Commission, on an annual basis, a 
certification that it is providing such services in compliance with its 
geographic rate averaging and rate integration obligations pursuant to 
section 254(g) of the Communications Act of 1934, as amended.
    (b) The certification filed pursuant to paragraph (a) of this 
section shall be signed by an officer of the company under oath.

[61 FR 59366, Nov. 22, 1996]



  Subpart T--Separate Affiliate Requirements for Incumbent Independent 
  Local Exchange Carriers That Provide In-Region, Interstate Domestic 
Interexchange Services or In-Region International Interexchange Services

    Source: 62 FR 36017, July 3, 1997, unless otherwise noted.



Sec. 64.1901  Basis and purpose.

    (a) Basis. These rules are issued pursuant to the Communications Act 
of 1934, as amended.
    (b) Purpose. The purpose of these rules is to regulate the provision 
of in-region, interstate, domestic, interexchange services and in-region 
international interexchange services by incumbent independent local 
exchange carriers.



Sec. 64.1902  Terms and definitions.

    Terms used in this part have the following meanings:
    Books of Account. Books of account refer to the financial accounting 
system a company uses to record, in monetary terms the basic 
transactions of a company. These books of account reflect the company's 
assets, liabilities, and equity, and the revenues and expenses from 
operations. Each company has its own separate books of account.
    Incumbent Independent Local Exchange Carrier (Incumbent Independent 
LEC). The term incumbent independent local exchange carrier means, with 
respect to an area, the independent local exchange carrier that:
    (1) On February 8, 1996, provided telephone exchange service in such 
area; and

[[Page 212]]

    (2) (i) On February 8, 1996, was deemed to be a member of the 
exchange carrier association pursuant to Sec. 69.601(b) of this title; 
or
    (ii) is a person or entity that, on or after February 8, 1996, 
became a successor or assign of a member described in paragraph (2) (i) 
of this definition. The Commission may also, by rule, treat an 
independent local exchange carrier as an incumbent independent local 
exchange carrier pursuant to section 251(h)(2) of the Communications Act 
of 1934, as amended.
    Independent Local Exchange Carrier (Independent LEC). Independent 
local exchange carriers are local exchange carriers, including GTE, 
other than the BOCs.
    Independent Local Exchange Carrier Affiliate (Independent LEC 
Affiliate). An independent local exchange carrier affiliate is a carrier 
that is owned (in whole or in part) or controlled by, or under common 
ownership (in whole or in part) or control with, an independent local 
exchange carrier.
    In-Region Service. In-region service means telecommunications 
service originating in an independent local exchange carrier's local 
service areas or 800 service, private line service, or their equivalents 
that:
    (1) Terminate in the independent LEC's local exchange areas; and
    (2) Allow the called party to determine the interexchange carrier, 
even if the service originates outside the independent LEC's local 
exchange areas.
    Local Exchange Carrier. The term local exchange carrier means any 
person that is engaged in the provision of telephone exchange service or 
exchange access. Such term does not include a person insofar as such 
person is engaged in the provision of a commercial mobile service under 
section 332(c), except to the extent that the Commission finds that such 
service should be included in the definition of that term.



Sec. 64.1903  Obligations of all incumbent independent local exchange carriers.

    (a) Except as provided in paragraph (c) of this section, an 
incumbent independent LEC providing in-region, interstate, interexchange 
services or in-region international interexchange services shall provide 
such services through an affiliate that satisfies the following 
requirements:
    (1) The affiliate shall maintain separate books of account from its 
affiliated exchange companies. Nothing in this section requires the 
affiliate to maintain separate books of account that comply with Part 32 
of this title;
    (2) The affiliate shall not jointly own transmission or switching 
facilities with its affiliated exchange companies. Nothing in this 
section prohibits an affiliate from sharing personnel or other resources 
or assets with an affiliated exchange company; and
    (3) The affiliate shall acquire any services from its affiliated 
exchange companies for which the affiliated exchange companies are 
required to file a tariff at tariffed rates, terms, and conditions. 
Nothing in this section shall prohibit the affiliate from acquiring any 
unbundled network elements or exchange services for the provision of a 
telecommunications service from its affiliated exchange companies, 
subject to the same terms and conditions as provided in an agreement 
approved under section 252 of the Communications Act of 1934, as 
amended.
    (b) The affiliate required in paragraph (a) of this section shall be 
a separate legal entity from its affiliated exchange companies. The 
affiliate may be staffed by personnel of its affiliated exchange 
companies, housed in existing offices of its affiliated exchange 
companies, and use its affiliated exchange companies' marketing and 
other services, subject to paragraph (a)(3) of this section.
    (c) An incumbent independent LEC that is providing in-region, 
interstate, domestic interexchange services or in-region international 
interexchange services prior to April 18, 1997, but is not providing 
such services through an affiliate that satisfies paragraph (a) of this 
section as of April 18, 1997, shall comply with the requirements of this 
section no later than April 18, 1998.

[[Page 213]]

Appendix A to Part 64--Telecommunications Service Priority (TSP) System 
           for National Security Emergency Preparedness (NSEP)

                        1. Purpose and Authority

    a. This appendix establishes policies and procedures and assigns 
responsibilities for the National Security Emergency Preparedness (NSEP) 
Telecommunications Service Priority (TSP) System. The NSEP TSP System 
authorizes priority treatment to certain domestic telecommunications 
services (including portions of U.S. international telecommunication 
services provided by U.S. service vendors) for which provisioning or 
restoration priority (RP) levels are requested, assigned, and approved 
in accordance with this appendix.
    b. This appendix is issued pursuant to sections 1, 4(i), 201 through 
205 and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 
151, 154(i), 201 through 205 and 303(r). These sections grant to the 
Federal Communications Commission (FCC) the authority over the 
assignment and approval of priorities for provisioning and restoration 
of common carrier-provided telecommunications services. Under section 
706 of the Communications Act, this authority may be superseded, and 
expanded to include non-common carrier telecommunication services, by 
the war emergency powers of the President of the United States. This 
appendix provides the Commission's Order to telecommunication service 
vendors and users to comply with policies and procedures establishing 
the NSEP TSP System, until such policies and procedures are superseded 
by the President's war emergency powers. This appendix is intended to be 
read in conjunction with regulations and procedures that the Executive 
Office of the President issues (1) to implement responsibilities 
assigned in section 6(b) of this appendix, or (2) for use in the event 
this appendix is superseded by the President's war emergency powers.
    c. Together, this appendix and the regulations and procedures issued 
by the Executive Office of the President establish one uniform system of 
priorities for provisioning and restoration of NSEP telecommunication 
services both before and after invocation of the President's war 
emergency powers. In order that government and industry resources may be 
used effectively under all conditions, a single set of rules, 
regulations, and procedures is necessary, and they must be applied on a 
day-to-day basis to all NSEP services so that the priorities they 
establish can be implemented at once when the need arises.
    * In sections 2(a)(2) and 2(b)(2) of Executive Order No. 12472, 
``Assignment of National Security and Emergency Preparedness 
Telecommunications Functions'' April 3, 1984 (49 FR 13471 (1984)), the 
President assigned to the Director, Office of Science and Technology 
Policy, certain NSEP telecommunication resource management 
responsibilities. The term ``Executive Office of the President'' as used 
in this appendix refers to the official or organization designated by 
the President to act on his behalf.

                     2. Applicability and Revocation

    a. This appendix applies to NSEP telecommunications services:
    (1) For which initial or revised priority level assignments are 
requested pursuant to section 8 of this appendix.
    (2) Which were assigned restoration priorities under the provision 
of FCC Order 80-581; 81 FCC 2d 441 (1980); 47 CFR part 64, appendix A, 
``Priority System for the Restoration of Common Carrier Provided 
Intercity Private Line Services''; and are being resubmitted for 
priority level assignments pursuant to section 10 of this appendix. 
(Such services will retain assigned restoration priorities until a 
resubmission for a TSP assignment is completed or until the existing RP 
rules are terminated.)
    b. FCC Order 80-581 will continue to apply to all other intercity, 
private line circuits assigned restoration priorities thereunder until 
the fully operating capability date of this appendix, 30 months after 
the initial operating capability date referred to in subsection d of 
this section.
    c. In addition, FCC Order, ``Precedence System for Public 
Correspondence Services Provided by the Communications Common Carriers'' 
(34 FR 17292 (1969)); (47 CFR part 64, appendix B), is revoked as of the 
effective date of this appendix.
    d. The initial operating capability (IOC) date for NSEP TSP will be 
nine months after release in the Federal Register of the FCC's order 
following review of procedures submitted by the Executive Office of the 
President. On this IOC date requests for priority assignments generally 
will be accepted only by the Executive Office of the President.

                             3. Definitions

    As used in this part:
    a. Assignment means the designation of priority level(s) for a 
defined NSEP telecommunications service for a specified time period.
    b. Audit means a quality assurance review in response to identified 
problems.
    c. Government refers to the Federal government or any foreign, 
state, county, municipal or other local government agency or 
organization. Specific qualifications will be supplied whenever 
reference to a particular level of government is intended (e.g., 
``Federal government'', ``state government''). ``Foreign government'' 
means any sovereign

[[Page 214]]

empire, kingdom, state, or independent political community, including 
foreign diplomatic and consular establishments and coalitions or 
associations of governments (e.g., North Atlantic Treaty Organization 
(NATO), Southeast Asian Treaty Organization (SEATO), Organization of 
American States (OAS), and government agencies or organization (e.g., 
Pan American Union, International Postal Union, and International 
Monetary Fund)).
    d. National Communications System (NCS) refers to that organization 
established by the President in Executive Order No. 12472, ``Assignment 
of National Security and Emergency Preparedness Telecommunications 
Functions,'' April 3, 1984, 49 FR 13471 (1984).
    e. National Coordinating Center (NCC) refers to the joint 
telecommunications industry-Federal government operation established by 
the National Communications System to assist in the initiation, 
coordination, restoration, and reconstitution of NSEP telecommunication 
services or facilities.
    f. National Security Emergency Preparedness (NSEP) 
telecommunications services, or ``NSEP services,'' means 
telecommunication services which are used to maintain a state of 
readiness or to respond to and manage any event or crisis (local, 
national, or international), which causes or could cause injury or harm 
to the population, damage to or loss of property, or degrades or 
threatens the NSEP posture of the United States. These services fall 
into two specific categories, Emergency NSEP and Essential NSEP, and are 
assigned priority levels pursuant to section 9 of this appendix.
    g. NSEP treatment refers to the provisioning of a telecommunication 
service before others based on the provisioning priority level assigned 
by the Executive Office of the President.
    h. Priority action means assignment, revision, revocation, or 
revalidation by the Executive Office of the President of a priority 
level associated with an NSEP telecommunications service.
    i. Priority level means the level that may be assigned to an NSEP 
telecommunications service specifying the order in which provisioning or 
restoration of the service is to occur relative to other NSEP and/or 
non-NSEP telecommunication services. Priority levels authorized by this 
appendix are designated (highest to lowest) ``E,'' ``1,'' ``2,'' ``3,'' 
``4,'' and ``5,'' for provisioning and ``1,'' ``2,'' ``3,'' ``4,'' and 
``5,'' for restoration.
    j. Priority level assignment means the priority level(s) designated 
for the provisioning and/or restoration of a particular NSEP 
telecommunications service under section 9 of this appendix.
    k. Private NSEP telecommunications services include non-common 
carrier telecommunications services including private line, virtual 
private line, and private switched network services.
    l. Provisioning means the act of supplying telecommunications 
service to a user, including all associated transmission, wiring and 
equipment. As used herein, ``provisioning'' and ``initiation'' are 
synonymous and include altering the state of an existing priority 
service or capability.
    m. Public switched NSEP telecommunications services include those 
NSEP telecommunications services utilizing public switched networks. 
Such services may include both interexchange and intraexchange network 
facilities (e.g., switching systems, interoffice trunks and subscriber 
loops).
    n. Reconciliation means the comparison of NSEP service information 
and the resolution of identified discrepancies.
    o. Restoration means the repair or returning to service of one or 
more telecommunication services that have experienced a service outage 
or are unusable for any reason, including a damaged or impaired 
telecommunications facility. Such repair or returning to service may be 
done by patching, rerouting, substitution of component parts or 
pathways, and other means, as determined necessary by a service vendor.
    p. Revalidation means the rejustification by a service user of a 
priority level assignment. This may result in extension by the Executive 
Office of the President of the expiration date associated with the 
priority level assignment.
    q. Revision means the change of priority level assignment for an 
NSEP telecommunications service. This includes any extension of an 
existing priority level assignment to an expanded NSEP service.
    r. Revocation means the elimination of a priority level assignment 
when it is no longer valid. All priority level assignments for an NSEP 
service are revoked upon service termination.
    s. Service identification refers to the information uniquely 
identifying an NSEP telecommunications service to the service vendor 
and/or service user.
    t. Service user refers to any individual or organization (including 
a service vendor) supported by a telecommunications service for which a 
priority level has been requested or assigned pursuant to section 8 or 9 
of this appendix.
    u. Service vendor refers to any person, association, partnership, 
corporation, organization, or other entity (including common carriers 
and government organizations) that offers to supply any 
telecommunications equipment, facilities, or services (including 
customer premises equipment and wiring) or combination thereof. The term 
includes resale carriers, prime contractors, subcontractors, and 
interconnecting carriers.

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    v. Spare circuits or services refers to those not being used or 
contracted for by any customer.
    w. Telecommunication services means the transmission, emission, or 
reception of signals, signs, writing, images, sounds, or intelligence of 
any nature, by wire, cable, satellite, fiber optics, laser, radio, 
visual or other electronic, electric, electromagnetic, or acoustically 
coupled means, or any combination thereof. The term can include 
necessary telecommunication facilities.
    x. Telecommunications Service Priority (TSP) system user refers to 
any individual, organization, or activity that interacts with the NSEP 
TSP System.

                                4. Scope

    a. Domestic NSEP services. The NSEP TSP System and procedures 
established by this appendix authorize priority treatment to the 
following domestic telecommunication services (including portions of 
U.S. international telecommunication services provided by U.S. vendors) 
for which provisioning or restoration priority levels are requested, 
assigned, and approved in accordance with this appendix:
    (1) Common carrier services which are:
    (a) Interstate or foreign telecommunications services,
    (b) Intrastate telecommunication services inseparable from 
interstate or foreign telecommunications services, and instrastate 
telecommunication services to which priority levels are assigned 
pursuant to section 9 of this appendix.

    Note:  Initially, the NSEP TSP System's applicability to public 
switched services is limited to (a) provisioning of such services (e.g., 
business, centrex, cellular, foreign exchange, Wide Area Telephone 
Service (WATS) and other services that the selected vendor is able to 
provision) and (b) restoration of services that the selected vendor is 
able to restore.

    (2) Services which are provided by government and/or non-common 
carriers and are interconnected to common carrier services assigned a 
priority level pursuant to section 9 of this appendix.
    b. Control services and orderwires. The NSEP TSP System and 
procedures established by this appendix are not applicable to authorize 
priority treatment to control services or orderwires owned by a service 
vendor and needed for provisioning, restoration, or maintenance of other 
services owned by that service vendor. Such control services and 
orderwires shall have priority provisioning and restoration over all 
other telecommunication services (including NSEP services) and shall be 
exempt from preemption. However, the NSEP TSP System and procedures 
established by this appendix are applicable to control services or 
orderwires leased by a service vendor.
    c. Other services. The NSEP TSP System may apply, at the discretion 
of and upon special arrangements by the NSEP TSP System users involved, 
to authorize priority treatment to the following telecommunication 
services:
    (1) Government or non-common carrier services which are not 
connected to common carrier provided services assigned a priority level 
pursuant to section 9 of this appendix.
    (2) Portions of U.S. international services which are provided by 
foreign correspondents. (U.S. telecommunication service vendors are 
encouraged to ensure that relevant operating arrangements are consistent 
to the maximum extent practicable with the NSEP TSP System. If such 
arrangements do not exist, U.S. telecommunication service vendors should 
handle service provisioning and/or restoration in accordance with any 
system acceptable to their foreign correspondents which comes closest to 
meeting the procedures established in this appendix.)

                                5. Policy

    The NSEP TSP System is the regulatory, administrative, and 
operational system authorizing and providing for priority treatment, 
i.e., provisioning and restoration, of NSEP telecommunication services. 
As such, it establishes the framework for telecommunication service 
vendors to provision, restore, or otherwise act on a priority basis to 
ensure effective NSEP telecommunication services. The NSEP TSP System 
allows the assignment of priority levels to any NSEP service across 
three time periods, or stress conditions: Peacetime/Crisis/
Mobilizations, Attack/War, and Post-Attack/Recovery. Although priority 
levels normally will be assigned by the Executive Office of the 
President and retained by service vendors only for the current time 
period, they may be preassigned for the other two time periods at the 
request of service users who are able to identify and justify in 
advance, their wartime or post-attack NSEP telecommunication 
requirements. Absent such preassigned priority levels for the Attack/War 
and Post-Attack/Recovery periods, priority level assignments for the 
Peacetime/Crisis/Mobilization period will remain in effect. At all 
times, priority level assignments will be subject to revision by the FCC 
or (on an interim basis) the Executive Office of the President, based 
upon changing NSEP needs. No other system of telecommunication service 
priorities which conflicts with the NSEP TSP System is authorized.

                           6. Responsibilities

    a. The FCC will:
    (1) Provide regulatory oversight of implementation of the NSEP TSP 
System.

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    (2) Enforce NSEP TSP System rules and regulations, which are 
contained in this appendix.
    (3) Act as final authority for approval, revision, or disapproval of 
priority actions by the Executive Office of the President and adjudicate 
disputes regarding either priority actions or denials of requests for 
priority actions by the Executive Office of the President, until 
superseded by the President's war emergency powers under section 706 of 
the Communications Act.
    (4) Function (on a discretionary basis) as a sponsoring Federal 
organization. (See section 6(c) below.)
    b. The Executive Office of the President will:
    (1) During exercise of the President's war emergency powers under 
section 706 of the Communications Act, act as the final approval 
authority for priority actions or denials of requests for priority 
actions, adjudicating any disputes.
    (2) Until the exercise of the President's war emergency powers, 
administer the NSEP TSP System which includes:
    (a) Receiving, processing, and evaluating requests for priority 
actions from service users, or sponsoring Federal government 
organizations on behalf of service users (e.g., Department of State or 
Defense on behalf of foreign governments, Federal Emergency Management 
Agency on behalf of state and local governments, and any Federal 
organization on behalf of private industry entities). Action on such 
requests will be completed within 30 days of receipt.
    (b) Assigning, revising, revalidating, or revoking priority levels 
as necessary or upon request of service users concerned, and denying 
requests for priority actions as necessary, using the categories and 
criteria specified in section 12 of this appendix. Action on such 
requests will be completed within 30 days of receipt.
    (c) Maintaining data on priority level assignments.
    (d) Periodically forwarding to the FCC lists of priority actions by 
the Executive Office of the President for review and approval.
    (e) Periodically initiating reconciliation.
    (f) Testing and evaluating the NSEP TSP System for effectiveness.
    (g) Conducting audits as necessary. Any Telecommunications Service 
Priority (TSP) System user may request the Executive Office of the 
President to conduct an audit.
    (h) Issuing, subject to review by the FCC, regulations and 
procedures supplemental to and consistent with this appendix regarding 
operation and use of the NSEP TSP System.
    (i) Serving as a centralized point-of-contact for collecting and 
disseminating to all interested parties (consistent with requirements 
for treatment of classified and proprietary material) information 
concerning use and abuse of the NSEP TSP System.
    (j) Establishing and assisting a TSP System Oversight Committee to 
identify and review any problems developing in the system and recommend 
actions to correct them or prevent recurrence. In addition to 
representatives of the Executive Office of the President, 
representatives from private industry (including telecommunication 
service vendors), state and local governments, the FCC, and other 
organizations may be appointed to that Committee.
    (k) Reporting at least quarterly to the FCC and TSP System Oversight 
Committee, together with any recommendations for action, the operational 
status of and trends in the NSEP TSP System, including:
    (i) Numbers of requests processed for the various priority actions, 
and the priority levels assigned.
    (ii) Relative percentages of services assigned to each priority 
level under each NSEP category and subcategory.
    (iii) Any apparent serious misassignment or abuse of priority level 
assignments.
    (iv) Any existing or developing problem.
    (l) Submitting semi-annually to the FCC and TSP System Oversight 
Committee a summary report identifying the time and event associated 
with each invocation of NSEP treatment under section 9(c) of this 
appendix, whether the NSEP service requirement was adequately handled, 
and whether any additional charges were incurred. These reports will be 
due by April 30th for the preceding July through December and by October 
31 for the preceding January through June time periods.
    (m) All reports submitted to the FCC should be directed to Chief, 
Domestic Services Branch, Common Carrier Bureau, Washington, DC 20554.
    (3) Function (on a discretionary basis) as a sponsoring Federal 
organization. (See section 6(c) below.)
    c. Sponsoring Federal organizations will:
    (1) Review and decide whether to sponsor foreign, state, and local 
government and private industry (including telecommunication service 
vendors) requests for priority actions. Federal organizations will 
forward sponsored requests with recommendations for disposition to the 
Executive Office of the President. Recommendations will be based on the 
categories and criteria in section 12 of this appendix.
    (2) Forward notification of priority actions or denials of requests 
for priority actions from the Executive Office of the President to the 
requesting foreign, state, and local government and private industry 
entities.
    (3) Cooperate with the Executive Office of the President during 
reconciliation, revalidation, and audits.
    (4) Comply with any regulations and procedures supplemental to and 
consistent with this appendix which are issued by the Executive Office 
of the President.

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    d. Service users will:
    (1) Identify services requiring priority level assignments and 
request and justify priority level assignments in accordance with this 
appendix and any supplemental regulations and procedures issued by the 
Executive Office of the President that are consistent with this 
appendix.
    (2) Request and justify revalidation of all priority level 
assignments at least every three years.
    (3) For services assigned priority levels, ensure (through 
contractual means or otherwise) availability of customer premises 
equipment and wiring necessary for end-to-end service operation by the 
service due date, and continued operation; and, for such services in the 
Emergency NSEP category, by the time that vendors are prepared to 
provide the services. Additionally, designate the organization 
responsible for the service on an end-to-end basis.
    (4) Be prepared to accept services assigned priority levels by the 
service due dates or, for services in the Emergency NSEP category, when 
they are available.
    (5) Pay vendors any authorized costs associated with services that 
are assigned priority levels.
    (6) Report to vendors any failed or unusable services that are 
assigned priority levels.
    (7) Designate a 24-hour point-of-contact for matters concerning each 
request for priority action and apprise the Executive Office of the 
President thereof.
    (8) Upon termination of services that are assigned priority levels, 
or circumstances warranting revisions in priority level assignment 
(e.g., expansion of service), request and justify revocation or 
revision.
    (9) When NSEP treatment is invoked under section 9(c) of this 
appendix, within 90 days following provisioning of the service involved, 
forward to the National Coordinating Center (see section 3(e) of this 
appendix) complete information identifying the time and event associated 
with the invocation and regarding whether the NSEP service requirement 
was adequately handled and whether any additional charges were incurred.
    (10) Cooperate with the Executive Office of the President during 
reconciliation, revalidation, and audits.
    (11) Comply with any regulations and procedures supplemental to and 
consistent with this appendix that are issued by the Executive Office of 
the President.
    e. Non-federal service users, in addition to responsibilities 
prescribed above in section 6(d), will obtain a sponsoring Federal 
organization for all requests for priority actions. If unable to find a 
sponsoring Federal organization, a non-federal service user may submit 
its request, which must include documentation of attempts made to obtain 
a sponsor and reasons given by the sponsor for its refusal, directly to 
the Executive Office of the President.
    f. Service vendors will:
    (1) When NSEP treatment is invoked by service users, provision NSEP 
telecommunication services before non-NSEP services, based on priority 
level assignments made by the Executive Office of the President. 
Provisioning will require service vendors to:
    (a) Allocate resources to ensure best efforts to provide NSEP 
services by the time required. When limited resources constrain response 
capability, vendors will address conflicts for resources by:
    (i) Providing NSEP services in order of provisioning priority level 
assignment (i.e., ``E'', ``1'', ``2'', ``3'', ``4'', or ``5'');
    (ii) Providing Emergency NSEP services (i.e., those assigned 
provisioning priority level ``E'') in order of receipt of the service 
requests;
    (iii) Providing Essential NSEP services (i.e., those assigned 
priority levels ``1'', ``2'', ``3'', ``4'', or ``5'') that have the same 
provisioning priority level in order of service due dates; and
    (iv) Referring any conflicts which cannot be resolved (to the mutual 
satisfaction of servicer vendors and users) to the Executive Office of 
the President for resolution.
    (b) Comply with NSEP service requests by:
    (i) Allocating resources necessary to provide Emergency NSEP 
services as soon as possible, dispatching outside normal business hours 
when necessary;
    (ii) Ensuring best efforts to meet requested service dates for 
Essential NSEP services, negotiating a mutually (customer and vendor) 
acceptable service due date when the requested service due date cannot 
be met; and
    (iii) Seeking National Coordinating Center (NCC) assistance as 
authorized under the NCC Charter (see section 1.3, NCC Charter, dated 
October 9, 1985).
    (2) Restore NSEP telecommunications services which suffer outage, or 
are reported as unusable or otherwise in need of restoration, before 
non-NSEP services, based on restoration priority level assignments. 
(Note: For broadband or multiple service facilities, restoration is 
permitted even though it might result in restoration of services 
assigned no or lower priority levels along with, or sometimes ahead of, 
some higher priority level services.) Restoration will require service 
vendors to restore NSEP services in order of restoration priority level 
assignment (i.e., ``1'', ``2'', ``3'', ``4'', or ``5'') by:
    (a) Allocating available resources to restore NSEP services as 
quickly as practicable, dispatching outside normal business hours to 
restore services assigned priority levels ``1'', ``2'', and ``3'' when 
necessary, and services assigned priority level ``4'' and ``5'' when the 
next business day is more than 24 hours away;

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    (b) Restoring NSEP services assigned the same restoration priority 
level based upon which can be first restored. (However, restoration 
actions in progress should not normally be interrupted to restore 
another NSEP service assigned the same restoration priority level);
    (c) Patching and/or rerouting NSEP services assigned restoration 
priority levels from ``1'' through ``5,'' when use of patching and/or 
rerouting will hasten restoration;
    (d) Seeking National Coordinating Center (NCC) assistance authorized 
under the NCC Charter; and
    (e) Referring any conflicts which cannot be resolved (to the mutual 
satisfaction of service vendors and users) to the Executive Office of 
the President for resolution.
    (3) Respond to provisioning requests of customers and/or other 
service vendors, and to restoration priority level assignments when an 
NSEP service suffers an outage or is reported as unusable, by:
    (a) Ensuring that vendor personnel understand their responsibilities 
to handle NSEP provisioning requests and to restore NSEP service; and
    (b) Providing a 24-hour point-of-contact for receiving provisioning 
requests for Emergency NSEP services and reports of NSEP service outages 
or unusability.
    (c) Seek verification from an authorized entity if legitimacy of a 
priority level assignment or provisioning request for an NSEP service is 
in doubt. However, processing of Emergency NSEP service requests will 
not be delayed for verification purposes.
    (4) Cooperate with other service vendors involved in provisioning or 
restoring a portion of an NSEP service by honoring provisioning or 
restoration priority level assignments, or requests for assistance to 
provision or restore NSEP services, as detailed in sections 6(f)(1), 
(2), and (3) above.
    (5) All service vendors, including resale carriers, are required to 
ensure that service vendors supplying underlying facilities are provided 
information necessary to implement priority treatment of facilities that 
support NSEP services.
    (6) Preempt, when necessary, existing services to provide an NSEP 
service as authorized in section 7 of this appendix.
    (7) Assist in ensuring that priority level assignments of NSEP 
services are accurately identified ``end-to-end'' by:
    (a) Seeking verification from an authorized Federal government 
entity if the legitimacy of the restoration priority level assignment is 
in doubt;
    (b) Providing to subcontractors and/or interconnecting carriers the 
restoration priority level assigned to a service;
    (c) Supplying, to the Executive Office of the President, when acting 
as a prime contractor to a service user, confirmation information 
regarding NSEP service completion for that portion of the service they 
have contracted to supply;
    (d) Supplying, to the Executive Office of the President, NSEP 
service information for the purpose of reconciliation.
    (e) Cooperating with the Executive Office of the President during 
reconciliation.
    (f) Periodically initiating reconciliation with their subcontractors 
and arranging for subsequent subcontractors to cooperate in the 
reconciliation process.
    (8) Receive compensation for costs authorized through tariffs or 
contracts by:
    (a) Provisions contained in properly filed state or Federal tariffs; 
or
    (b) Provisions of properly negotiated contracts where the carrier is 
not required to file tariffs.
    (9) Provision or restore only the portions of services for which 
they have agreed to be responsible (i.e., have contracted to supply), 
unless the President's war emergency powers under section 706 of the 
Communications Act are in effect.
    (10) Cooperate withe the Executive Office of the President during 
audits.
    (11) Comply with any regulations or procedures supplemental to and 
consistent with this appendix that are issued by the Executive Office of 
the President and reviewed by the FCC.
    (12) Insure that at all times a reasonable number of public switched 
network services are made available for public use.
    (13) Not disclose information concerning NSEP services they provide 
to those not having a need-to-know or might use the information for 
competitive advantage.

                   7. Preemption of Existing Services

    When necessary to provision or restore NSEP services, service 
vendors may preempt services they provide as specified below. ``User'' 
as used in this Section means any user of a telecommunications service, 
including both NSEP and non-NSEP services. Prior consent by a preempted 
user is not required.
    a. The sequence in which existing services may be preempted to 
provision NSEP services assigned a provisioning priority level ``E'' or 
restore NSEP services assigned a restoration priority level from ``1'' 
through ``5'':
    (1) Non-NSEP services: If suitable spare services are not available, 
then, based on the considerations in this appendix and the service 
vendor's best judgment, non-NSEP services will be preempted. After 
ensuring a sufficient number of public switched services are available 
for public use, based on the service vendor's best judgment, such 
services may be used to satisfy a requirement for provisioning or 
restoring NSEP services.
    (2) NSEP services: If no suitable spare or non-NSEP services are 
available, then existing NSEP services may be preempted to provision or 
restore NSEP services with higher

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priority level assignments. When this is necessary, NSEP services will 
be selected for preemption in the inverse order of priority level 
assignment.
    (3) Service vendors who are preempting services will ensure their 
best effort to notify the service user of the preempted service and 
state the reason for and estimated duration of the preemption.
    b. Service vendors may, based on their best judgment, determine the 
sequence in which existing services may be preempted to provision NSEP 
services assigned a provisioning priority of ``1'' through ``5''. 
Preemption is not subject to the consent of the user whose service will 
be preempted.
    8. Requests for Priority Assignments.
    All service users are required to submit requests for priority 
actions through the Executive Office of the President in the format and 
following the procedures prescribed by that Office.

     9. Assignment, Approval, Use, and Invocation of Priority Levels

    a. Assignment and approval of priority levels. Priority level 
assignments will be based upon the categories and criteria specified in 
section 12 of this appendix. A priority level assignment made by the 
Executive Office of the President will serve as that Office's 
recommendation to the FCC. Until the President's war emergency powers 
are invoked, priority level assignments must be approved by the FCC. 
However, service vendors are ordered to implement any priority level 
assignments that are pending FCC approval.
    After invocation of the President's war emergency powers, these 
requirements may be superseded by other procedures issued by the 
Executive Office of the President.
    b. Use of Priority Level Assignments.
    (1) All provisioning and restoration priority level assignments for 
services in the Emergency NSEP category will be included in initial 
service orders to vendors. Provisioning priority level assignments for 
Essential NSEP services, however, will not usually be included in 
initial service orders to vendors. NSEP treatment for Essential NSEP 
services will be invoked and provisioning priority level assignments 
will be conveyed to service vendors only if the vendors cannot meet 
needed service dates through the normal provisioning process.
    (2) Any revision or revocation of either provisioning or restoration 
priority level assignments will also be transmitted to vendors.
    (3) Service vendors shall accept priority levels and/or revisions 
only after assignment by the Executive Office of the President.

    Note:  Service vendors acting as prime contractors will accept 
assigned NSEP priority levels only when they are accompanied by the 
Executive Office of the President designated service identification, 
i.e., TSP Authorization Code. However, service vendors are authorized to 
accept priority levels and/or revisions from users and contracting 
activities before assignment by the Executive Office of the President 
when service vendor, user, and contracting activities are unable to 
communicate with either the Executive Office of the President or the 
FCC. Processing of Emergency NSEP service requests will not be delayed 
for verification purposes.


    c. Invocation of NSEP treatment. To invoke NSEP treatment for the 
priority provisioning of an NSEP telecommunications service, an 
authorized Federal official either within, or acting on behalf of, the 
service user's organization must make a written or oral declaration to 
concerned service vendor(s) and the Executive Office of the President 
that NSEP treatment is being invoked. Authorized Federal officials 
include the head or director of a Federal agency, commander of a 
unified/specified military command, chief of a military service, or 
commander of a major military command; the delegates of any of the 
foregoing; or any other officials as specified in supplemental 
regulations or procedures issued by the Executive Office of the 
President. The authority to invoke NSEP treatment may be delegated only 
to a general or flag officer of a military service, civilian employee of 
equivalent grade (e.g., Senior Executive Service member), Federal 
Coordinating Officer or Federal Emergency Communications Coordinator/
Manager, or any other such officials specified in supplemental 
regulations or procedures issued by the Executive Office of the 
President. Delegates must be designated as such in writing, and written 
or oral invocations must be accomplished, in accordance with 
supplemental regulations or procedures issued by the Executive Office of 
the President.

 10. Resubmission of Circuits Presently Assigned Restoration Priorities

    All circuits assigned restoration priorities must be reviewed for 
eligibility for initial restoration priority level assignment under the 
provisions of this appendix. Circuits currently assigned restoration 
priorities, and for which restoration priority level assignments are 
requested under section 8 of this appendix, will be resubmitted to the 
Executive Office of the President. To resubmit such circuits, service 
users will comply with applicable provisions of section 6(d) of this 
appendix.

                               11. Appeal

    Service users or sponsoring Federal organizations may appeal any 
priority level assignment, denial, revision, revocation, approval, or 
disapproval to the Executive Office of the President within 30 days of 
notification to the service user. The appellant must use the

[[Page 220]]

form or format required by the Executive Office of the President and 
must serve the FCC with a copy of its appeal. The Executive Office of 
the President will act on the appeal within 90 days of receipt. Service 
users and sponsoring Federal organizations may only then appeal directly 
to the FCC. Such FCC appeal must be filed within 30 days of notification 
of the Executive Office of the President's decision on appeal. 
Additionally, the Executive Office of the President may appeal any FCC 
revisions, approvals, or disapprovals to the FCC. All appeals to the FCC 
must be submitted using the form or format required. The party filing 
its appeal with the FCC must include factual details supporting its 
claim and must serve a copy on the Executive Office of the President and 
any other party directly involved. Such party may file a response within 
20 days, and replies may be filed within 10 days thereafter. The 
Commission will not issue public notices of such submissions. The 
Commission will provide notice of its decision to the parties of record. 
Any appeals to the Executive Office of the President that include a 
claim of new information that has not been presented before for 
consideration may be submitted at any time.

      12. NSEP TSP System Categories, Criteria, and Priority Levels

    a. General. NSEP TSP System categories and criteria, and permissible 
priority level assignments, are defined and explained below.
    (1) The Essential NSEP category has four subcategories: National 
Security Leadership; National Security Posture and U.S. Population 
Attack Warning; Public Health, Safety, and Maintenance of Law and Order; 
and Public Welfare and Maintenance of National Economic Posture. Each 
subcategory has its own criteria. Criteria are also shown for the 
Emergency NSEP category, which has no sub-categories.
    (2) Priority levels of ``1,'' ``2,'' ``3,'' ``4,'' and ``5'' may be 
assigned for provisioning and/or restoration of Essential NSEP 
telecommunication services. However, for Emergency NSEP 
telecommunications services, a priority level ``E'' is assigned for 
provisioning. A restoration priority level from ``1'' through ``5'' may 
be assigned if an Emergency NSEP service also qualifies for such a 
restoration priority level under the Essential NSEP category.
    (3) The NSEP TSP System allows the assignment of priority levels to 
any NSEP telecommunications service across three time periods, or stress 
conditions: Peacetime/Crisis/Mobilization, Attack/War, and Post-Attack/
Recovery. Priority levels will normally be assigned only for the first 
time period. These assigned priority levels will apply through the onset 
of any attack, but it is expected that they would later be revised by 
surviving authorized telecommunication resource managers within the 
Executive Office of the President based upon specific facts and 
circumstances arising during the Attack/War and Post-Attack/Recovery 
time periods.
    (4) Service users may, for their own internal use, assign 
subpriorities to their services assigned priority levels. Receipt of and 
response to any such subpriorities is optional for service vendors.
    (5) The following paragraphs provide a detailed explanation of the 
categories, subcategories, criteria, and priority level assignments, 
beginning with the Emergency NSEP category.
    b. Emergency NSEP. Telecommunications services in the Emergency NSEP 
category are those new services so critical as to be required to be 
provisioned at the earliest possible time, without regard to the costs 
of obtaining them.
    (1) Criteria. To qualify under the Emergency NSEP category, the 
service must meet criteria directly supporting or resulting from at 
least one of the following NSEP functions:
    (a) Federal government activity responding to a Presidentially 
declared disaster or emergency as defined in the Disaster Relief Act (42 
U.S.C. 5122).
    (b) State or local government activity responding to a 
Presidentially declared disaster or emergency.
    (c) Response to a state of crisis declared by the National Command 
Authorities (e.g., exercise of Presidential war emergency powers under 
section 706 of the Communications Act.)
    (d) Efforts to protect endangered U.S. personnel or property.
    (e) Response to an enemy or terrorist action, civil disturbance, 
natural disaster, or any other unpredictable occurrence that has damaged 
facilities whose uninterrupted operation is critical to NSEP or the 
management of other ongoing crises.
    (f) Certification by the head or director of a Federal agency, 
commander of a unified/specified command, chief of a military service, 
or commander of a major military command, that the telecommunications 
service is so critical to protection of life and property or to NSEP 
that it must be provided immediately.
    (g) A request from an official authorized pursuant to the Foreign 
Intelligence Surveillance Act (50 U.S.C. 1801 et seq. and 18 U.S.C. 
2511, 2518, 2519).
    (2) Priority Level Assignment.
    (a) Services qualifying under the Emergency NSEP category are 
assigned priority level ``E'' for provisioning.
    (b) After 30 days, assignments of provisioning priority level ``E'' 
for Emergency NSEP services are automatically revoked unless extended 
for another 30-day period. A notice

[[Page 221]]

of any such revocation will be sent to service vendors.
    (c) For restoration, Emergency NSEP services may be assigned 
priority levels under the provisions applicable to Essential NSEP 
services (see section 12(c)). Emergency NSEP services not otherwise 
qualifying for restoration priority level assignment as Essential NSEP 
may be assigned a restoration priority level ``5'' for a 30-day period. 
Such 30-day restoration priority level assignments will be revoked 
automatically unless extended for another 30-day period. A notice of any 
such revocation will be sent to service vendors.
    c. Essential NSEP. Telecommunication services in the Essential NSEP 
category are those required to be provisioned by due dates specified by 
service users, or restored promptly, normally without regard to 
associated overtime or expediting costs. They may be assigned priority 
level of ``1,'' ``2,'' ``3,'' ``4,'' or ``5'' for both provisioning and 
restoration, depending upon the nature and urgency of the supported 
function, the impact of lack of service or of service interruption upon 
the supported function, and, for priority access to public switched 
services, the user's level of responsibility. Priority level assignments 
will be valid for no more than three years unless revalidated. To be 
categorized as Essential NSEP, a telecommunications service must qualify 
under one of the four following subcategories: National Security 
Leadership; National Security Posture and U.S. Population Attack 
Warning; Public Health, Safety and Maintenance of Law and Order; or 
Public Welfare and Maintenance of National Economic Posture. (Note.--
Under emergency circumstances, Essential NSEP telecommunication services 
may be recategorized as Emergency NSEP and assigned a priority level 
``E'' for provisioning.)
    (1) National security leadership. This subcategory will be strictly 
limited to only those telecommunication services essential to national 
survival if nuclear attack threatens or occurs, and critical orderwire 
and control services necessary to ensure the rapid and efficient 
provisioning or restoration of other NSEP telecommunication services. 
Services in this subcategory are those for which a service interruption 
of even a few minutes would have serious adverse impact upon the 
supported NSEP function.
    (a) Criteria. To qualify under this subcategory, a service must be 
at least one of the following:
    (i) Critical orderwire, or control service, supporting other NSEP 
functions.
    (ii) Presidential communications service critical to continuity of 
government and national leadership during crisis situations.
    (iii) National Command Authority communications service for military 
command and control critical to national survival.
    (iv) Intelligence communications service critical to warning of 
potentially catastrophic attack.
    (v) Communications service supporting the conduct of diplomatic 
negotiations critical to arresting or limiting hostilities.
    (b) Priority level assignment. Services under this subcategory will 
normally be assigned priority level ``1'' for provisioning and 
restoration during the Peace/Crisis/Mobilization time period.
    (2) National security posture and U.S. population attack warning. 
This subcategory covers those minimum additional telecommunication 
services essential to maintaining an optimum defense, diplomatic, or 
continuity-of-government postures before, during, and after crises 
situations. Such situations are those ranging from national emergencies 
to international crises, including nuclear attack. Services in this 
subcategory are those for which a service interruption ranging from a 
few minutes to one day would have serious adverse impact upon the 
supported NSEP function.
    (a) Criteria. To qualify under this subcategory, a service must 
support at least one of the following NSEP functions:
    (i) Threat assessment and attack warning.
    (ii) Conduct of diplomacy.
    (iii) Collection, processing, and dissemination of intelligence.
    (iv) Command and control of military forces.
    (v) Military mobilization.
    (vi) Continuity of Federal government before, during, and after 
crises situations.
    (vii) Continuity of state and local government functions supporting 
the Federal government during and after national emergencies.
    (viii) Recovery of critical national functions after crises 
situations.
    (ix) National space operations.
    (b) Priority level assignment. Services under this subcategory will 
normally be assigned priority level ``2,'' ``3,'' ``4,'' or ``5'' for 
provisioning and restoration during Peacetime/Crisis/Mobilization.
    (3) Public health, safety, and maintenance of law and order. This 
subcategory covers the minimum number of telecommunication services 
necessary for giving civil alert to the U.S. population and maintaining 
law and order and the health and safety of the U.S. population in times 
of any national, regional, or serious local emergency. These services 
are those for which a service interruption ranging from a few minutes to 
one day would have serious adverse impact upon the supported NSEP 
functions.
    (a) Criteria. To qualify under this subcategory, a service must 
support at least one of the following NSEP functions:
    (i) Population warning (other than attack warning).
    (ii) Law enforcement.

[[Page 222]]

    (iii) Continuity of critical state and local government functions 
(other than support of the Federal government during and after national 
emergencies).
    (vi) Hospitals and distributions of medical supplies.
    (v) Critical logistic functions and public utility services.
    (vi) Civil air traffic control.
    (vii) Military assistance to civil authorities.
    (viii) Defense and protection of critical industrial facilities.
    (ix) Critical weather services.
    (x) Transportation to accomplish the foregoing NSEP functions.
    (b) Priority level assignment. Service under this subcategory will 
normally be assigned priority levels ``3,'' ``4,'' or ``5'' for 
provisioning and restoration during Peacetime/Crisis/Mobilization.
    (4) Public welfare and maintenance of national economic posture. 
This subcategory covers the minimum number of telecommunications 
services necessary for maintaining the public welfare and national 
economic posture during any national or regional emergency. These 
services are those for which a service interruption ranging from a few 
minutes to one day would have serious adverse impact upon the supported 
NSEP function.
    (a) Criteria. To qualify under this subcategory, a service must 
support at least one of the following NSEP functions:
    (i) Distribution of food and other essential supplies.
    (ii) Maintenance of national monetary, credit, and financial 
systems.
    (iii) Maintenance of price, wage, rent, and salary stabilization, 
and consumer rationing programs.
    (iv) Control of production and distribution of strategic materials 
and energy supplies.
    (v) Prevention and control of environmental hazards or damage.
    (vi) Transportation to accomplish the foregoing NSEP functions.
    (b) Priority level assignment. Services under this subcategory will 
normally be assigned priority levels ``4'' or ``5'' for provisioning and 
restoration during Peacetime/Crisis/Mobilization.
    d. Limitations. Priority levels will be assigned only to the minimum 
number of telecommunication services required to support an NSEP 
function. Priority levels will not normally be assigned to backup 
services on a continuing basis, absent additional justification, e.g., a 
service user specifies a requirement for physically diverse routing or 
contracts for additional continuity-of-service features. The Executive 
Office of the President may also establish limitations upon the relative 
numbers of services which may be assigned any restoration priority 
level. These limitations will not take precedence over laws or executive 
orders. Such limitations shall not be exceeded absent waiver by the 
Executive Office of the President.
    e. Non-NSEP services. Telecommunication services in the non-NSEP 
category will be those which do not meet the criteria for either 
Emergency NSEP or Essential NSEP.

[53 FR 47536, Nov. 23, 1988; 54 FR 152, Jan. 4, 1989; 54 FR 1471, Jan. 
13, 1989]



PART 65--INTERSTATE RATE OF RETURN PRESCRIPTION PROCEDURES AND METHODOLOGIES--Table of Contents




                           Subpart A--General

Sec.
65.1  Application of part 65.

                          Subpart B--Procedures

65.100  Participation and acceptance of service designation.
65.101  Initiation of unitary rate of return prescription proceedings.
65.102  Petitions for exclusion from unitary treatment and for 
          individual treatment in determining authorized return for 
          interstate exchange access service.
65.103  Procedures for filing rate of return submissions.
65.104  Page limitations for rate of return submissions.
65.105  Discovery.

                      Subpart C--Exchange Carriers

65.300  Calculations of the components and weights of the cost of 
          capital.
65.301  Cost of equity.
65.302  Cost of debt.
65.303  Cost of preferred stock.
65.304  Capital structure.
65.305  Calculation of the weighted average cost of capital.
65.306  Calculation accuracy.
65.450  Net income.

                    Subpart D--Interexchange Carriers

65.500  Net income.

                    Subpart E--Rate of Return Reports

65.600  Rate of return reports.

              Subpart F--Maximum Allowable Rates of Return

65.700  Determining the maximum allowable rate of return.
65.701  Period of review.
65.702  Measurement of interstate service earnings.

[[Page 223]]

                          Subpart G--Rate Base

65.800  Rate base.
65.810  Definitions.
65.820  Included items.
65.830  Deducted items.

    Authority:  Secs. 4, 201, 202, 203, 205, 218, 403, 48 Stat., 1066, 
1072, 1077, 1094, as amended, 47 U.S.C. 151, 154, 201, 202, 203, 204, 
205, 218, 219, 220, 403.



                           Subpart A--General



Sec. 65.1  Application of part 65.

    (a) This part establishes procedures and methodologies for 
Commission prescription of an authorized unitary interstate exchange 
access rate of return and individual rates of return for the interstate 
exchange access rates of certain carriers pursuant to Sec. 65.102. This 
part shall apply to those interstate services of local exchange carriers 
as the Commission shall designate by rule or order, except that all 
local exchange carriers shall provide to the Commission that information 
which the Commission requests for purposes of conducting prescription 
proceedings pursuant to this part.
    (b) Local exchange carriers subject to Secs. 61.41 through 61.49 of 
this chapter are exempt from the requirements of this part with the 
following exceptions:
    (1) Except as otherwise required by Commission order, carriers 
subject to Secs. 61.41 through 61.49 of this chapter shall employ the 
rate of return value calculated for interstate access services in 
complying with any applicable rules under parts 36 and 69 that require a 
return component;
    (2) Carriers subject to Secs. 61.41 through 61.49 of this chapter 
shall be subject to Sec. 65.600(d);
    (3) Carriers subject to Secs. 61.41 through 61.49 of this chapter 
shall continue to comply with the prescribed rate of return when 
offering any services specified in Sec. 61.42(f) of this chapter unless 
the Commission otherwise directs; and
    (4) Carriers subject to Secs. 61.41 through 61.49 of this chapter 
shall comply with Commission information requests made pursuant to 
Sec. 65.1(a).

[60 FR 28543, June 1, 1995]



                          Subpart B--Procedures



Sec. 65.100  Participation and acceptance of service designation.

    (a) All interstate exchange access carriers, their customers, and 
any member of the public may participate in rate of return proceedings 
to determine the authorized unitary interstate exchange access or 
individual interstate exchange access rates of return authorized 
pursuant to Sec. 65.102.
    (b) Participants shall state in their initial pleading in a 
prescription proceeding whether they wish to receive service of 
documents and other material filed in the proceeding. Participants that 
wish to receive service by hand on the filing dates when so required by 
this part 65 shall specify in their initial pleading in a prescription 
proceeding, as specified in Sec. 65.103 (b) and (c), an agent for 
acceptance of service by hand in the District of Columbia. The 
participant may elect in its pleading to receive service by mail or upon 
an agent at another location. When such an election is made, other 
participants need not complete service on the filing date, and requests 
for extension of time due to delays in completion of service will not be 
entertained.

[60 FR 28544, June 1, 1995]



Sec. 65.101  Initiation of unitary rate of return prescription proceedings.

    (a) Whenever the Commission determines that the monthly average 
yields on ten (10) year United States Treasury securities remain, for a 
consecutive six (6) month period, at least 150 basis points above or 
below the average of the monthly average yields in effect for the 
consecutive six (6) month period immediately prior to the effective date 
of the current prescription, the Commission shall issue a notice 
inquiring whether a rate of return prescription according to this part 
should commence. This notice shall state:
    (1) The deadlines for filing initial and reply comments regarding 
the notice;
    (2) The cost of debt, cost of preferred stock, and capital structure 
computed in accordance with Secs. 65.302, 65.303, and 65.304; and
    (3) Such other information as the Commission may deem proper.

[[Page 224]]

    (b) Based on the information submitted in response to the notice 
described in Sec. 65.101(a), and on any other information specifically 
identified, the Commission may issue a notice initiating a prescription 
proceeding pursuant to this part.
    (c) The Chief, Common Carrier Bureau, may issue the notice described 
in Sec. 65.101(a).

[60 FR 28544, June 1, 1995]



Sec. 65.102  Petitions for exclusion from unitary treatment and for individual treatment in determining authorized return for interstate exchange access 
          service.

    (a) Exclusion from unitary treatment will be granted for a period of 
two years if the cost of capital for interstate exchange service is so 
low as to be confiscatory because it is outside the zone of 
reasonableness for the individual carrier's required rate of return for 
interstate exchange access services.
    (b) A petition for exclusion from unitary treatment and for 
individual treatment must plead with particularity the exceptional facts 
and circumstances that justify individual treatment. The showing shall 
include a demonstration that the exceptional facts and circumstances are 
not of transitory effect, such that exclusion for a period of a least 
two years is justified.
    (c) A petition for exclusion from unitary treatment and for 
individual treatment may be filed at any time. When a petition is filed 
at a time other than that specified in Sec. 65.103(b)(2), the petitioner 
must provide compelling evidence that its need for individual treatment 
is not simply the result of short-term fluctuations in the cost of 
capital or similar events.

[60 FR 28544, June 1, 1995]



Sec. 65.103  Procedures for filing rate of return submissions.

    (a) Rate of return submissions listed in Sec. 65.103 (b)(1) and (c) 
may include any relevant information, subject to the page limitations of 
Sec. 65.104. The Chief, Common Carrier Bureau, may require from carriers 
providing interstate services, and from other participants submitting 
rate of return submissions, data, studies or other information that are 
reasonably calculated to lead to a full and fair record.
    (b) In proceedings to prescribe an authorized unitary rate of return 
on interstate access services, interested parties may file direct case 
submissions, responses, and rebuttals. Direct case submissions shall be 
filed within sixty (60) calendar days following the effective date of a 
Commission notice initiating a rate of return proceeding pursuant to 
Sec. 65.101(b). Rate of return submissions responsive to the direct case 
submissions shall be filed within sixty (60) calendar days after the 
deadline for filing direct case submissions. Rebuttal submissions shall 
be field within twenty-one (21) calendar days after the deadline for 
filing responsive submissions.
    (c) Petitions for exclusion from unitary treatment and for 
individual treatment may be filed on the same date as the deadline for 
filing responsive rate of return submissions. Oppositions shall be filed 
within 35 calendar days thereafter. Rebuttal submissions shall be filed 
within 21 calendar days after the deadline for filing responsive 
submissions.
    (d) An original and 4 copies of all rate of return submissions shall 
be filed with the Secretary.
    (e) The filing party shall serve a copy of each rate of return 
submission, other than an initial submission, on all participants who 
have filed a designation of service notice pursuant to Sec. 65.100(b).

[60 FR 28544, June 1, 1995]



Sec. 65.104  Page limitations for rate of return submissions.

    Rate of return submissions, including all argument, attachments, 
appendices, supplements, and supporting materials, such as testimony, 
data and documents, but excluding tables of contents and summaries of 
argument, shall be subject to the following double spaced typewritten 
page limits:
    (a) The direct case submission of any participant shall not exceed 
70 pages in length.
    (b) The responsive submission of any participant shall not exceed 70 
pages in length.

[[Page 225]]

    (c) The rebuttal submission of any participant shall not exceed 50 
pages in length.
    (d) Petitions for exclusion from unitary treatment shall not exceed 
70 pages in length. Oppositions to petitions for exclusion shall not 
exceed 50 pages in length. Rebuttals shall not exceed 35 pages in 
length.

[60 FR 28544, June 1, 1995]



Sec. 65.105  Discovery.

    (a) Participants shall file with each rate of return submission 
copies of all information, including studies, financial analysts' 
reports, and any other documents relied upon by participants or their 
experts in the preparation of their submission. Information filed 
pursuant to this paragraph for which protection from disclosure is 
sought shall be filed subject to protective orders which shall be duly 
granted by the Chief, Common Carrier Bureau, for good cause shown.
    (b) Participants may file written interrogatories and requests for 
documents directed to any rate of return submission and not otherwise 
filed pursuant to Sec. 65.105(a). The permissible scope of examination 
is that participants may be examined upon any matter, not privileged, 
that will demonstrably lead to the production of material, relevant, 
decisionally significant evidence.
    (c) Discovery requests pursuant to Sec. 65.105(b), including written 
interrogatories, shall be filed within 14 calendar days after the filing 
of the rate of return submission to which the request is directed. 
Discovery requests that are not opposed shall be complied with within 14 
calendar days of the request date.
    (d) Oppositions to discovery requests made pursuant to 
Sec. 65.105(b), including written interrogatories, shall be filed within 
7 calendar days after requests are filed. The Chief, Common Carrier 
Bureau, shall rule upon any such opposition. Except as stayed by the 
Commission or a Court, any required response to a discovery request that 
is opposed shall be provided within 14 calendar days after release of 
the ruling of the Chief, Common Carrier Bureau.
    (e) An original and 4 copies of all information described in 
Sec. 65.105(a) and all requests, oppositions, and responses made 
pursuant to Sec. 65.105 (a), (b) and (d) shall be filed with the 
Secretary.
    (f) Service of requests, oppositions, and responses made pursuant to 
Sec. 65.105 (b) and (d) shall be made upon all participants who have 
filed a designation of service notice pursuant to Sec. 65.100(b). 
Service of requests upon participants who have filed designation of 
service notices pursuant to Sec. 65.100(b) shall be made by hand on the 
filing dates thereof.

[60 FR 28544, June 1, 1995]



                      Subpart C--Exchange Carriers



Sec. 65.300  Calculations of the components and weights of the cost of capital.

    (a) Sections 65.301 through 65.303 specify the calculations that are 
to be performed in computing cost of debt, cost of preferred stock, and 
financial structure weights for prescription proceedings. The 
calculations shall determine, where applicable, a composite cost of 
debt, a composite cost of preferred stock, and a composite financial 
structure for all local exchange carriers with annual revenues in excess 
of $100 million. The calculations shall be based on data reported to the 
Commission in FCC Report 43-02. (See 47 CFR 43.21). The results of the 
calculations shall be used in the represcription proceeding to which 
they relate unless the record in that proceeding shows that their use 
would be unreasonable.
    (b) Excluded from cost of capital calculations made pursuant to 
Sec. 65.300 shall be those sources of financing that are not investor 
supplied, or that are otherwise subtracted from a carrier's rate base 
pursuant to Commission orders governing the calculation of net rate base 
amounts in tariff filings that are made pursuant to section 203 of the 
Communications Act of 1934, 47 U.S.C. 203, or that were treated as 
``zero cost'' sources of financing in section 450 and subpart G of this 
part 65. Specifically excluded are: accounts payable, accrued taxes, 
accrued interest, dividends payable, deferred credits and operating 
reserves, deferred taxes and deferred tax credits.

[60 FR 28545, June 1, 1995]

[[Page 226]]



Sec. 65.301  Cost of equity.

    The cost of equity shall be determined in represcription proceedings 
after giving full consideration to the evidence in the record, including 
such evidence as the Commission may officially notice.

[60 FR 28545, June 1, 1995]



Sec. 65.302  Cost of debt.

    The formula for determining the cost of debt is equal to:
    [GRAPHIC] [TIFF OMITTED] TR01JN95.000
    
Where:
    ``Total Annual Interest Expense'' is the total interest expense for 
the most recent two years for all local exchange carriers with annual 
revenues of $100 million or more.
    ``Average Outstanding Debt'' is the average of the total debt for 
the most recent two years for all local exchange carriers with annual 
revenues of $100 million or more.

[60 FR 28545, June 1, 1995]



Sec. 65.303  Cost of preferred stock.

    The formula for determining the cost of preferred stock is:
    [GRAPHIC] [TIFF OMITTED] TR01JN95.001
    
Where:
    ``Total Annual Preferred Dividends'' is the total dividends on 
preferred stock for the most recent two years for all local exchange 
carriers with annual revenues of $100 million or more. ``Proceeds from 
the Issuance of Preferred Stock'' is the average of the total net 
proceeds from the issuance of preferred stock for the most recent two 
years for all local exchange carriers with annual revenues of $100 
million or more.

[60 FR 28545, June 1, 1995]



Sec. 65.304  Capital structure.

    The proportion of each cost of capital component in the capital 
structure is equal to:
    Proportion in the capital structure =
    [GRAPHIC] [TIFF OMITTED] TR01JN95.002
    
Where:
    ``Book Value of particular component'' is the total of the book 
values of that component for all local exchange carriers with annual 
revenues of $100 million or more.
    ``Book Value of Debt+Book Value of Preferred Stock+Book Value of 
Equity'' is the total of the book values of all the components for all 
local exchange carriers with annual revenues of $100 million or more.
    The total of all proportions shall equal 1.00.

[60 FR 28545, June 1, 1995]

[[Page 227]]



Sec. 65.305  Calculation of the weighted average cost of capital.

    (a) The composite weighted average cost of capital is the sum of the 
cost of debt, the cost of preferred stock, and the cost of equity, each 
weighted by its proportion in the capital structure of the telephone 
companies.
    (b) Unless the Commission determines to the contrary in a 
prescription proceeding, the composite weighted average cost of debt and 
cost of preferred stock is the composite weight computed in accordance 
with Sec. 65.304 multiplied by the composite cost of the component 
computed in accordance with Sec. 65.301 or Sec. 65.302, as applicable. 
The composite weighted average cost of equity will be determined in each 
prescription proceeding.

[60 FR 28546, June 1, 1995]



Sec. 65.306  Calculation accuracy.

    In a prescription proceeding, the final determinations of the cost 
of equity, cost of debt, cost of preferred stock and their capital 
structure weights shall be accurate to two decimal places.

[60 FR 28546, June 1, 1995]



Sec. 65.450  Net income.

    (a) Net income shall consist of all revenues derived from the 
provision of interstate telecommunications services regulated by this 
Commission less expenses recognized by the Commission as necessary to 
the provision of these services. The calculation of expenses entering 
into the determination of net income shall include the interstate 
portion of plant specific operations (Accounts 6110-6441), plant 
nonspecific operations (Accounts 6510-6565), customer operations 
(Accounts 6610-6623), corporate operations (Accounts 6710-6790), other 
operating income and expense accounts (Accounts 7100-7160), and 
operating taxes (Accounts 7200-7250), except to the extent this 
Commission specifically provides to the contrary.
    (b) Gains and losses related to the disposition of plant in service 
items, shall be handled as follows:
    (1) Gains related to property sold to others and leased back under 
capital leases for use in telecommunications services shall be recorded 
in Account 4360 (Other Deferred Credits) and credited to Account 6563 
(Amortization Expense--Tangible) over the amortization period 
established for the capital lease;
    (2) Gains or losses related to the disposition of land and other 
nondepreciable items recorded in Account 7150 (Gains and Losses 
Resulting from the Sale of Land and Artworks) shall be included in net 
income for ratemaking purposes, but adjusted to reflect the relative 
amount of time such property was used in regulated operations and 
included in the rate base; and
    (3) Proceeds related to the disposition of property depreciated on a 
group basis and used jointly in regulated and nonregulated activities, 
including sale-leaseback arrangements for property depreciated on a 
group basis, shall be credited to the related reserves and attributed to 
regulated and nonregulated in proportion to the accumulated regulated 
and nonregulated depreciation for that group.
    (c) Gains or losses related to the disposition of property that was 
never included in the rate base shall not be considered for ratemaking 
purposes.
    (d) Except for the allowance for funds used during construction, 
reasonable charitable deductions and interest related to customer 
deposits, the amounts recorded as nonoperating income and expenses and 
taxes (Accounts 7300-7450) and interest and related items (Accounts 
7500-7540) and extraordinary items (Accounts 7600-7640) shall not be 
included unless this Commission specifically determines that particular 
items recorded in those accounts shall be included.

[53 FR 1029, Jan. 15, 1988, as amended at 60 FR 12139, Mar. 6, 1995]



                    Subpart D--Interexchange Carriers



Sec. 65.500  Net income.

    The net income methodology specified in Sec. 65.450 shall be 
utilized by all interexchange carriers that are so designated by 
Commission order.

[60 FR 28546, June 1, 1995]

[[Page 228]]



                    Subpart E--Rate of Return Reports



Sec. 65.600  Rate of return reports.

    (a) Subpart E shall apply to those interstate communications common 
carriers and exchange carriers that are so designated by Commission 
order.
    (b) Each local exchange carrier or group of affiliated carriers 
which is not subject to Secs. 61.41 through 61.49 of this chapter and 
which has filed individual access tariffs during the preceding 
enforcement period shall file with the Commission within three (3) 
months after the end of each calendar year, an annual rate of return 
monitoring report which shall be the enforcement period report. Reports 
shall be filed on the appropriate report form prescribed by the 
Commission (see Sec. 1.795 of this chapter) and shall provide full and 
specific answers to all questions propounded and information requested 
in the currently effective report form. The number of copies to be filed 
shall be specified in the applicable report form. At least one copy of 
the report shall be signed on the signature page by the responsible 
officer. A copy of each report shall be retained in the principal office 
of the respondent and shall be filed in such a manner as to be readily 
available for reference and inspection. Final adjustments to the 
enforcement period report shall be made by September 30 of the year 
following the enforcement period to ensure that any refunds can be 
properly reflected in an annual access filing.
    (c) Each interexchange carrier subject to Secs. 61.41 through 61.49 
shall file with the Commission, within three (3) months after the end of 
each calendar year, the total interstate rate of return for that year 
for all interstate services subject to regulation by the Commission. 
Each such filing shall include a report of the total revenues, total 
expenses and taxes, operating income, and the rate base. A copy of the 
filing shall be retained in the principal office of the respondent and 
shall be filed in such manner as to be readily available for reference 
and inspection.
    (d)(1) Each local exchange carrier or group of affiliated carriers 
subject to Secs. 61.41 through 61.49 of this chapter shall file with the 
Commission within three (3) months after the end of each calendar year a 
report of its total interstate rate of return for that year. Such 
filings shall include a report of the total revenues, total expenses and 
taxes, operating income, and the rate base. Reports shall be filed on 
the appropriate form prescribed by the Commission (see Sec. 1.795 of 
this chapter) and shall provide full and specific answers to all 
questions propounded and information requested in the currently 
effective form. The number of copies to be filed shall be specified in 
the applicable report form. At least one copy of the report shall be 
retained in the principal office of the respondent and shall be filed in 
such manner as to be readily available for reference and inspection.
    (2) Each local exchange carrier or group of affiliated carriers 
subject to Secs. 61.41 through 61.49 of this chapter shall file with the 
Commission within fifteen (15) months after the end of each calendar 
year a report reflecting any corrections or modifications to the report 
filed pursuant to paragraph (d)(1) of this section. Reports shall be 
filed on the appropriate form prescribed by the Commission (see 
Sec. 1.795 of this chapter) and shall provide full and specific answers 
to all questions propounded and information requested in the currently 
effective form. The number of copies to be filed shall be specified in 
the applicable report form. At least one copy of the report shall be 
retained in the principal office of the respondent and shall be filed in 
such manner as to be readily available for reference and inspection.

[52 FR 274, Jan. 5, 1987, as amended at 54 FR 19844, May 8, 1989; 55 FR 
42385, Oct. 19, 1990; 56 FR 21617, May 10, 1991; 62 FR 5166, Feb. 4, 
1997]



              Subpart F--Maximum Allowable Rates of Return



Sec. 65.700  Determining the maximum allowable rate of return.

    (a) The maximum allowable rate of return for any exchange carrier's 
earnings on any access service category shall be determined by adding a 
fixed increment of four-tenths of one percent of the exchange carrier 
prescribed rate of return.

[[Page 229]]

    (b) The maximum allowable rate of return for any exchange carrier's 
overall interstate earnings for all access service categories shall be 
determined by adding a fixed increment of one-quarter of one percent to 
the exchange carrier prescribed rate of return.
    (c) The maximum allowable rate of return for rates filed by local 
exchange carrier subject to Sec. 61.50 of this chapter, shall be 
determined by adding a fixed increment of one and one-half percent to 
the carriers prescribed rate of return.

[51 FR 11034, Apr. 1, 1986, as amended at 58 FR 36149, July 6, 1993; 60 
FR 28546, June 1, 1995]



Sec. 65.701  Period of review.

    For both exchange and interexchange carriers subject to this part, 
interstate earnings shall be measured over a two year period to 
determine compliance with the maximum allowable rate of return. The 
review periods shall commence on January 1 in odd-numbered years and 
shall end on December 31 in even-numbered years.

[60 FR 28546, June 1, 1995]



Sec. 65.702  Measurement of interstate service earnings.

    (a) For exchange carriers, earnings shall be measured separately for 
each access service category for purposes of determining compliance with 
the maximum allowable rate of return. The access service categories 
shall be: an aggregated category consisting of Special Access, 
Sec. 69.113, and Contribution Charges for Special Access Expanded 
Interconnection, Sec. 69.122; Connection Charges for Expanded 
Interconnection, Sec. 69.121; Common Line, Secs. 69.104-69.105; and an 
aggregated category consisting of Line Termination, Sec. 69.106, 
Intercept, Sec. 69.108, Local Switching, Sec. 69.107, Transport, 
Secs. 69.110-69.112, 69.124, 69.125, and Information, Sec. 69.109. The 
Billing and Collection access element shall not be included in any 
access service category for purposes of this part. The Commission will 
also separately review exchange carrier overall interstate earnings 
subject to this part for determining compliance with the maximum 
allowable rate of return determined by Sec. 65.700(b).
    (b) For exchange carriers, earnings shall be measured for purposes 
of determining compliance with the maximum allowable rates of return 
separately for each study area; provided, however, that if the carrier 
has filed or concurred in access tariffs aggregating costs and rates for 
two or more study areas, the earnings will be determined for the 
aggregated study areas rather than for each study area separately. If an 
exchange carrier has not utilized the same level of study area 
aggregation during the entire two-year earnings review period, then the 
carrier's earnings will be measured for the entire two-year period on 
the basis of the tariffs in effect at the end of the second year of the 
two-year review period; provided, however, that if tariffs representing 
a higher level of study area aggregation were not in effect for at least 
eight months in the second year, then the carrier's earnings will be 
measured on the basis of the study area level of aggregation in effect 
for the majority of the two-year period; provided further, that any 
carrier that was not a member of the National Exchange Carrier 
Association or other voluntary pools for both years of the two-year 
review period will have its earnings reviewed individually for the full 
two-year period.

[51 FR 11034, Apr. 1, 1986, as amended at 57 FR 54719, Nov. 20, 1992; 58 
FR 48763, Sept. 17, 1993; 60 FR 28546, June 1, 1995]



                          Subpart G--Rate Base

    Source:  53 FR 1029, Jan. 15, 1988, unless otherwise noted.



Sec. 65.800  Rate base.

    The rate base shall consist of the interstate portion of the 
accounts listed in Sec. 65.820 that has been invested in plant used and 
useful in the efficient provision of interstate telecommunications 
services regulated by this Commission, minus any deducted items computed 
in accordance with Sec. 65.830.



Sec. 65.810  Definitions.

    As used in this subpart ``account xxxx'' means the account of that 
number kept in accordance with the Uniform System of Accounts for Class 
A

[[Page 230]]

and Class B Telecommunications Companies in 47 CFR part 32.



Sec. 65.820  Included items.

    (a) Telecommunications Plant. The interstate portion of all assets 
summarized in Account 2001 (Telecommunications Plant in Service) and 
Account 2002 (Property Held for Future Use), net of accumulated 
depreciation and amortization, and Account 2003 (Telecommunications 
Plant Under Construction), and, to the extent such inclusions are 
allowed by this Commission, Account 2005 (Telecommunications Plant 
Adjustment), net of accumulated amortization. Any interest cost for 
funds used during construction capitalized on assets recorded in these 
accounts shall be computed in accordance with the procedures in 
Sec. 32.2000(c)(2)(x) of this chapter.
    (b) Material and Supplies. The interstate portion of assets 
summarized in Account 1220.1 (Material and Supplies).
    (c) Noncurrent Assets. The interstate portion of Class B Rural 
Telephone Bank stock contained in Account 1402 (Investment in 
Nonaffiliated Companies) and the interstate portion of assets summarized 
in Account 1410 (Other Noncurrent Assets), Account 1438 (Deferred 
Maintenance and Retirements), and Account 1439 (Deferred Charges) only 
to the extent that they have been specifically approved by this 
Commission for inclusion. Otherwise, the amounts in accounts 1401-1500 
shall not be included.
    (d) Cash Working Capital. The average amount of investor-supplied 
capital needed to provide funds for a carrier's day-to-day interstate 
operations. Class A carriers may calculate a cash working capital 
allowance either by performing a lead-lag study of interstate revenue 
and expense items or by using the formula set forth in paragraph (e) of 
this section. Class B carriers, in lieu of performing a lead-lag study 
or using the formula in paragraph (e) of this section, may calculate the 
cash working capital allowance using a standard allowance which will be 
established annually by the Chief, Common Carrier Bureau. When either 
the lead-lag study or formula method is used to calculate cash working 
capital, the amount calculated under the study or formula may be 
increased by minimum bank balances and working cash advances to 
determine the cash working capital allowance. Once a carrier has 
selected a method of determining its cash working capital allowance, it 
shall not change to an optional method from one year to the next without 
Commission approval.
    (e) In lieu of a full lead-lag study, carriers may calculate the 
cash working capital allowance using the following formula.
    (1) Compute the weighted average revenue lag days as follows:
    (i) Multiply the average revenue lag days for interstate revenues 
billed in arrears by the percentage of interstate revenues billed in 
arrears.
    (ii) Multiply the average revenue lag days for interstate revenues 
billed in advance by the percentage of interstate revenues billed in 
advance. (Note: a revenue lead should be shown as a negative lag.)
    (iii) Add the results of paragraphs (e)(1) (i) and (ii) of this 
section to determine the weighted average revenue lag days.
    (2) Compute the weighted average expense lag days as follows:
    (i) Multiply the average lag days for interstate expenses (i.e., 
cash operating expenses plus interest) paid in arrears by the percentage 
of interstate expenses paid in arrears.
    (ii) Multiply the average lag days for interstate expenses paid in 
advance by the percentage of interstate expenses paid in advance. (Note: 
an expense lead should be shown as a negative lag.)
    (iii) Add the results of paragraphs (e)(2) (i) and (ii) of this 
section to determine the weighted average expense lag days.
    (3) Compute the weighted net lag days by deducting the weighted 
average expense lag days from the weighted average revenue lag days.
    (4) Compute the percentage of a year represented by the weighted net 
lag days by dividing the days computed in paragraph (e)(3) of this 
section by 365 days.
    (5) Compute the cash working capital allowance by multiplying the 
interstate cash operating expenses (i.e., operating expenses minus 
depreciation and amortization) plus interest by the

[[Page 231]]

percentage computed in paragraph (e)(4) of this section.

[54 FR 9048, Mar. 3, 1989, as amended at 60 FR 12139, Mar. 6, 1995]



Sec. 65.830  Deducted items.

    (a) The following items shall be deducted from the interstate rate 
base.
    (1) The interstate portion of deferred taxes (Accounts 4100 and 
4340).
    (2) The interstate portion of customer deposits (Account 4040).
    (3) The interstate portion of other long-term liabilities 
(Account4310) that were derived from the expenses specified in 
Sec. 65.450(a).
    (4) The interstate portion of other deferred credits (Account 4360) 
to the extent they arise from the provision of regulated 
telecommunications services. This shall include deferred gains related 
to sale-leaseback arrangements.
    (b) The interstate portion of deferred taxes, customer deposits and 
other deferred credits shall be determined as prescribed by 47 CFR part 
36.
    (c) The interstate portion of other long-term liabilities (Account 
4310) shall bear the same proportionate relationships as the interstate/
intrastste expenses which gave rise to the liability.

[54 FR 9049, Mar. 3, 1989, as amended at 62 FR 15118, Mar. 31, 1997]



PART 68--CONNECTION OF TERMINAL EQUIPMENT TO THE TELEPHONE NETWORK--Table of Contents




                           Subpart A--General

Sec.
68.1  Purpose.
68.2  Scope.
68.3  Definitions.
68.4  Hearing aid-compatible telephones.
68.5  Waivers.
68.6  Telephones with volume control.

           Subpart B--Conditions on Use of Terminal Equipment

68.100  General.
68.102  Registration requirement.
68.104  Means of connection.
68.106  Notification to telephone company.
68.108  Incidence of harm.
68.110  Compatibility of the telephone network and terminal equipment.
68.112  Hearing aid-compatibility.

                   Subpart C--Registration Procedures

68.200  Application for equipment registration.
68.202  Public notice.
68.204  Comments and replies.
68.206  Grant of application.
68.208  Dismissal and return of application.
68.210  Denial of application.
68.211  Registration revocation procedures.
68.212  Assignment of equipment registration.
68.213  Installation of other than ``fully protected'' non-system simple 
          customer premises wiring.
68.214  Changes in registered equipment and circuitry.
68.215  Installation of other than ``fully-protected'' system premises 
          wiring that serves more than four subscriber access lines.
68.216  Repair of registered terminal equipment and registered 
          protective circuitry.
68.218  Responsibility of grantee of equipment registration.
68.220  Cross reference.
68.222  AIOD trunk and station number verification.
68.224  Notice of non-hearing aid compatibility.
68.226  Registration of digital systems components.

                 Subpart D--Conditions for Registration

68.300  Labelling requirements.
68.302  Environment simulation.
68.304  Leakage current limitations.
68.306  Hazardous voltage limitations.
68.308  Signal power limitations.
68.310  Longitudinal balance limitations.
68.312  On-hook impedance limitations.
68.314  Billing protection.
68.316  Hearing aid compatibility magnetic field intensity requirements: 
          Technical standards.
68.317  Hearing aid compatibility volume control: Technical standards.
68.318  Additional limitations.

                     Subpart E--Complaint Procedures

68.400  Content.
68.402  Amended complaints.
68.404  Number of copies.
68.406  Service.
68.408  Answers to complaints and amended complaints.
68.410  Replies to answers or amended answers.
68.412  Defective pleadings.
68.414  Hearing aid-compatibility: Enforcement.

                          Subpart F--Connectors

68.500  Specifications.
68.502  Configurations.

[[Page 232]]

68.504  Universal patent license agreement.
68.506  Configurations used to connect multi-line communications systems 
          such as Private Branch Exchange (PBX) and key telephone 
          systems.

    Authority: 47 U.S.C. 154, 303.



                           Subpart A--General

    Authority:  Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082; 
(47 U.S.C. 154, 155, 303).

    Source:  45 FR 20841, Mar. 31, 1980, unless otherwise noted.



Sec. 68.1  Purpose.

    The purpose of the rules and regulations in this part is to provide 
for uniform standards for the protection of the telephone network from 
harms caused by the connection of terminal equipment and associated 
wiring thereto, and for the compatibility of hearing aids and telephones 
so as to ensure that persons with hearing aids have reasonable access to 
the telephone network.

(47 U.S.C. 151, 154(i), 154(j), 201-205, 218, 220, 313, 403, 412, and 5 
U.S.C. 553)

[49 FR 21733, May 23, 1984]



Sec. 68.2  Scope.

    (a) General. Except as provided for in paragraphs (b), (c), (d), 
(e), (f), (g), (h), (i), (j) and (k) of this section, the rules and 
regulations apply to direct connection:
    (1) Of all terminal equipment to the public switched telephone 
network, for use in conjunction with all services other than party line 
service;
    (2) Of all terminal equipment to channels furnished in connection 
with foreign exchange lines (customer-premises end), the station end of 
off-premises stations associated with PBX and Centrex services, trunk-
to-station tie lines (trunk end only) and switched service network 
station lines (CCSA and EPSCS); and
    (3) Of all of PBX (or similar) systems to private line services for 
tie trunk type interfaces, off-premises station lines, automatic 
identified outward dialing, and message registration. Services may only 
be added to this section as a result of rulemaking proceedings and the 
equipment connected to such added services is afforded a reasonable 
transition period.
    (4) Of all customer premises wiring associated with one and two-line 
(non-system) residential and business telephone service.
    (5) Of all terminal equipment to subrate and 1.544 Mbps digital 
services.
    (6) Of registered terminal equipment or registered protective 
circuitry to Local Area Data Channels and to channels which are similar 
to Local Area Data Channels that are obtained as special assemblies.
    (7) Of all terminal equipment or systems to voiceband private line 
channels for 2-point and multipoint private line services (excluding 
those identified in Category II, AT&T Tariff F.C.C. No. 260 or 
subsequent revisions) that utilize loop start, ringdown or inband 
signaling; or voiceband metallic channels.
    (8) Of the types of test equipment specified in Sec. 68.3, 
Definitions.
    (9) Of all terminal equipment to Public Switched Digital Service 
(PSDS) Type I, II or III.
    (10) Of all terminal equipment to the Integrated Services Digital 
Network (ISDN) Basic Rate Access (BRA) or Primary Rate Access (PRA).
    (b) Grandfathered terminal equipment (other than PBX and key 
telephone systems) and protective circuitry. All terminal equipment 
(other than PBX and key telephone systems) and protective circuitry of a 
type directly connected to the public switched telephone network and 
services identified in Sec. 68.2(a)(2) as of October 17, 1977, may be 
connected thereafter up to July 1, 1979--and may remain connected for 
life--without registration unless subsequently modified.
    (c) Grandfathered systems (including, but not limited to, PBX and 
key telephone systems). (1) Entire systems, including their equipment, 
premises wiring, and protective apparatus (if any) directly connected to 
the public switched telephone network and services identified in 
Sec. 68.2(a)(2) on June 1, 1978, may remain connected to the public 
switched telephone network and services identified in Sec. 68.2(a)(2) 
for life without registration, unless subsequently modified, except for 
modifications allowed under Sec. 68.2(c)(3).

[[Page 233]]

    (2) New installations of equipments may be performed (including 
additions to existing systems) up to January 1, 1980, without 
registration of any equipments involved, provided that these equipments 
are of a type directly connected to the public switched telephone 
network or services identified in Sec. 68.2(a)(2) as of June 1, 1978. 
These equipments may remain connected to the public switched telephone 
network or services identified in Sec. 68.2(a)(2) for life without 
registration, unless subsequently modified, except for modifications 
allowed under Sec. 68.2(c)(3).
    (3) Modifications to systems and installations involving 
unregistered equipment:
    (i) Use of other than fully-protected premises wiring is a 
modification under Sec. 68.2. As an exception to the general requirement 
that no modification is permitted to unregistered equipment whose use is 
permitted under Sec. 68.2, certain modifications are authorized herein.
    (ii) Other than fully-protected premises wiring may be used if it is 
qualified in accordance with the procedures and requirements of 
Sec. 68.215. Since there is no ``registrant'' of unregistered equipment, 
the training and authority required by Sec. 68.215(c) will have to be 
received from the equipment's manufacturer.
    (iii) Existing separate, identifiable and discrete protective 
apparatus may be removed, or replaced with apparatus of lesser 
protective function, provided that any premises wiring to which the 
public switched telephone network or service identified in 
Sec. 68.2(a)(2) is thereby exposed conforms to Sec. 68.2(c)(2) above. 
Minor modifications to existing unregistered equipments are authorized 
to facilitate installation or premises wiring, so long as they are 
performed under the responsible supervision and control of a person who 
complies with Sec. 68.215(c). Since there is no ``registrant'' of 
unregistered equipment, the training and authority required by 
Sec. 68.215(c) will have to be received from the manufacturer of the 
equipment so modified.
    (d) Grandfathered private branch exchange (or similar) systems for 
connection to private line type services (tie trunk type interfaces, 
off-premises station lines, automatic identified outward dialing, and 
message registration). (1) PBX (or similar) systems, including their 
equipments, premises wiring, and protective apparatus (if any) directly 
connected to a private line type service on April 30, 1980 may remain 
connected to the private line type service for life without registration 
unless subsequently modified, except for modifications allowed under 
Sec. 68.2(d)(3).
    (2) New installations of equipments may be performed (including 
additions to existing systems) up to May 1, 1983 without registration of 
any equipments involved, provided that these equipments are of a type 
directly connected to a private line type service as of April 30, 1980. 
These equipments may remain connected to the private line type service 
for life without registration, unless subsequently modified, except for 
modifications allowed under Sec. 68.2(d)(3).
    (3) Modifications to systems and installations involving 
unregistered equipment:
    (i) Use of other than fully-protected premises wiring is a 
modification under Sec. 68.2. As an exception to the general requirement 
that no modification is permitted to unregistered equipment whose use is 
permitted under Sec. 68.2, certain modifications are authorized herein.
    (ii) Other than fully-protected premises wiring may be used if it is 
qualified in accordance with the procedures and requirements of 
Sec. 68.215. Since there is no ``registrant'' of unregistered equipment, 
the training and authority required by Sec. 68.215(c) will have to be 
received from the equipment's manufacturer.
    (iii) Existing separate, identifiable and discrete protective 
apparatus may be removed, or replaced with apparatus of lesser 
protective function, provided that any premises wiring to which the 
private line type service is thereby exposed conforms to 
Sec. 68.2(d)(ii) above. Minor modifications to existing unregistered 
equipments are authorized to facilitate installation or premises wiring, 
so long as they are performed under the responsible supervision and 
control of a person who complies with Sec. 68.215(c). Since there is no 
``registrant'' of unregistered equipment, the

[[Page 234]]

training and authority required by Sec. 68.215(c) will have to be 
received from the manufacturer of the equipment so modified.
    (e) Grandfathered terminal equipment for connection to local area 
data channels. All terminal equipment of a type directly connected to 
Local Area Data Channels or directly connected under special assembly 
tariff provisions to telephone company-supplied, non-loaded, metallic, 
greater-than-voiceband circuits for the purpose of providing limited 
distance data transmission as of February 10, 1986, may be connected 
thereafter up to August, 10, 1987, and may remain connected for life, 
without registration unless subsequently modified.
    (f) Grandfathered terminal equipment for connection to subrate and 
1.544 Mbps digital services. (1) Terminal equipment including premises 
wiring and protective apparatus (if any) directly connected to subrate 
or to 1.544 Mbps digital services on January 2, 1986, may remain 
connected and be reconnected to such digital services for life without 
registration, unless subsequently modified.
    (2) New installations of terminal equipments, including premises 
wiring and protective apparatus (if any) may be installed (including 
additions to existing systems) up to June 30, 1987, without registration 
of any terminal equipment involved, provided that these terminal 
equipments are of a type directly connected to subrate or 1.544 Mbps 
digital services as of January 2, 1986. These terminal equipments may 
remain connected and be reconnected to such digital services for life 
without registration, unless subsequently modified.
    (g) Grandfathered test equipment. (1) Test equipment directly 
connected to the telephone network on February 10, 1986, is considered 
to be grandfathered and may remain connected to the telephone network 
for life without registration unless subsequently modified.
    (2) New installations of test equipment may be performed up to 
August 10, 1987 without registration, provided that the test equipment 
is of a type directly connected to the public switched network or 
services identified in Sec. 68.2(a)(1), (2), (3), (5), (6), and (7) for 
life without registration unless subsequently modified.
    (h) Grandfathered terminal equipment or systems for connection to 
voiceband private line channels for 2-point and multipoint private line 
services that utilize loop start, ringdown, or inband signaling; or 
voiceband metallic channels. (1) Terminal equipment or systems, 
including premises wiring and protective apparatus (if any), directly 
connected to voiceband private lines for 2-point or multipoint service 
on February 10, 1986, may remain connected to that private line type 
service for life without registration unless subsequently modified, 
except for modifications allowed under Sec. 68.2(h)(3).
    (2) New installations of equipments may be installed (including 
additions to existing systems) up to August 10, 1987 without 
registration of any equipments involved, provided that these equipments 
are of a type directly connected to voiceband private lines for 2-point 
or multipoint services. These equipments may remain connected to the 
private line-type service for life without registration, unless 
subsequently modified, except for modifications allowed under 
Sec. 68.2(h)(3).
    (3) Modification to systems and installations involving unregistered 
equipment:
    (i) Use of other than fully-protected premises wiring is a 
modification under Sec. 68.2. As an exception to the general 
requirements that no modification is permitted to unregistered equipment 
whose use is permitted under Sec. 68.2, certain modifications are 
authorized herein.
    (ii) Other than fully-protected premises wiring may be used if it is 
qualified in accordance with procedures and requirements of Sec. 68.215. 
Since there is no ``registrant'' of unregistered equipment, the training 
and authority required by Sec. 68.215(c) will have to be received from 
the equipment's manufacturer.
    (iii) Existing separate, identifiable, and discrete protective 
apparatus may be removed or replaced with apparatus of lesser protective 
function, provided that any premises wiring to which the private line 
service is thereby exposed conforms to Sec. 68.2(h)(3)(ii) of this 
section. Minor modifications to existing

[[Page 235]]

unregistered equipments are authorized to facilitate installation of 
premises wiring, so long as they are performed under the responsible 
supervision and control of a person who complies with Sec. 68.215(c). 
Since there is no ``registrant'' of unregistered equipment, the training 
and authority required by Sec. 68.215(c) will have to be received from 
the manufacturer of the equipment so modified.
    (i) National defense and security. Where the Secretary of Defense or 
authorized agent or the head of any other governmental department, 
agency, or administration (approved in writing by the Commission to act 
pursuant to this rule) or authorized representative, certifies in 
writing to the appropriate common carrier that compliance with the 
provisions of part 68 could result in the disclosure of communications 
equipment or security devices, locations, uses, personnel, or activity 
which would adversely affect the national defense and security, such 
equipment or security devices may be connected to the telephone company 
provided communications network without compliance with this part, 
provided that each written certification states that:
    (1) The connection is required in the interest of national defense 
and security;
    (2) The equipment or device to be connected either complies with the 
technical requirement of this part or will not cause harm to the 
nationwide telephone network or telephone company employees; and
    (3) The installation is performed by well-trained, qualified 
employees under the responsible supervision and control of a person who 
meets the qualifications stated in Sec. 68.215(c).
    (j)(1) Terminal equipment, including its premises wiring directly 
connected to PSDS (Type I, II or III) on or before November 13, 1996, 
may remain for service life without registration, unless subsequently 
modified. Service life means the life of the equipment until retired 
from service. Modification means changes to the equipment that affect 
compliance with part 68 rules.
    (2) New installation of terminal equipment, including its premises 
wiring, may occur until May 13, 1998, without registration of any 
terminal equipment involved, provided that the terminal equipment is of 
a type directly connected to PSDS (Type I, II or III) as of November 13, 
1996. This terminal equipment may remain connected and be reconnected to 
PSDS (Type I, II or III) for service life without registration unless 
subsequently modified.
    (k)(1) Terminal equipment, including premises wiring directly 
connected to ISDN BRA or PRA on November 13, 1996, may remain connected 
to ISDN BRA or PRA for service life without registration, unless 
subsequently modified.
    (2) New installation of terminal equipment, including premises 
wiring, may occur until May 13, 1998, without registration of any 
terminal equipment involved, provided that the terminal equipment is of 
a type directly connected to ISDN BRA or PRA as of November 13, 1996. 
This terminal equipment may remain connected and be reconnected to ISDN 
BRA or PRA for service life without registration unless subsequently 
modified.
    (l) Grandfathered centeral office implemented payphone equipment. 
(1) Terminal equipment, including its premises wiring, that is directly 
connected to a central-office-implemented telephone on or before October 
8, 1997, may remain for service life without registration, unless 
subsequently modified. Service life means that life of the equipment 
until retired from service. Modification means changes to the equipment 
that affect the part 68-related characteristics of that equipment at the 
network interface.
    (2) New installation of terminal equipment, including its premises 
wiring, may occur until April 8, 1999, without registration of any 
central-office-implemented telephone equipment involved, provided that 
the terminal equipment is of a type directly connected to a central-
office-implemented telephone as of October 8,1997. This terminal 
equipment may remain connected and be reconnected to a central-office-
implemented telephone.

Governmental departments, agencies, or administrations that wish to 
qualify for interconnection of equipment or security devices pursuant to 
this section shall file a request with the Secretary

[[Page 236]]

of this Commission stating the reasons why the exemption is requested. A 
list of these departments, agencies, or administrations that have filed 
requests shall be published in the Federal Register. The Commission may 
take action with respect to those requests 30 days after publication. 
The Commission action shall be published in the Federal Register. 
However, the Commission may grant, on less than the normal notice period 
or without notice, special temporary authority, not to exceed 90 days, 
for governmental departments, agencies, or administrations that wish to 
qualify for interconnection of equipment or security devices pursuant to 
this section. Requests for such authority shall state the particular 
fact and circumstances why authority should be granted on less than the 
normal notice period or without notice. In such cases, the Commission 
shall endeavor to publish its disposition as promptly as possible in the 
Federal Register.

(Secs. 4, 5, 303, 48 Stat. 1066, 1068, 1082, as amended (47 U.S.C. 154, 
155, 303) (47 U.S.C. 151, 154(i), 154(j), 201-205, 218, 220, 313, 403, 
412, and 5 U.S.C. 553)

[40 FR 20841, Mar. 31, 1980, as amended at 49 FR 21734, May 23, 1984; 49 
FR 48719, Dec. 14, 1984; 50 FR 48208, Nov. 22, 1985; 51 FR 937, Jan. 9, 
1986; 51 FR 16689, May 6, 1986; 61 FR 42387, Aug. 15, 1996; 61 FR 52324, 
Oct. 7, 1996; 62 FR 24587, May 6, 1997; 62 FR 47371, Sept. 9, 1997]

    Effective Date Note: At 62 FR 47371, Sept. 9, 1997, Sec. 68.2 was 
amended by adding paragraph (l), effective Oct. 5, 1997.



Sec. 68.3  Definitions.

    As used in this part:
    AIOD data channel simulator: A test circuit that simulates a 
telephone line during the idle and data-receiver-attached conditions of 
central office AIOD circuits. The schematic of Figure 68.3(g) is 
illustrative of the type of circuit that will be required; alternative 
implementations may be used provided that the same dc voltage and 
current characteristics and ac impedance characteristics will be 
presented to the AIOD equipment under test. When used, the simulator 
circuit shall be operated over the entire range of resistance, 
polarities and voltage limits indicated in Figure 68.3(g). Whenever dc 
current is changed, sufficient time shall be allocated for the current 
to reach a steady-state condition before continuing the test.
    AIOD leads: Terminal equipment leads at the interface solely to 
transmit Automatic Identified Outward Dialing (AIOD) data from a PBX to 
the public switched telephone network or to switched service networks 
(e.g. EPSCS) so that a telephone company can provide a PBX customer with 
a detailed monthly bill identifying long distance usage by individual 
PBX stations, tie trunks or the attendant. Data on the channel is 
transmitted in only one direction, from the PBX to the central office, 
and consists of a trunk number and a station number for each outgoing 
call. Two-way dc simplex signaling, as defined for the terminal 
equipment by the data channel simulator circuit, is used to coordinate 
the transmitting and receiving functions. One or more pairs of AIOD 
leads, each designated T (AI) and R (AI) to distinguish them from other 
tip and ring leads, may appear at an interface, depending on the number 
of central offices that process AIOD calls for the PBX. However, unless 
otherwise stated, these leads at the interface should be treated as 
telephone connections as defined in (x) of this section or as tip and 
ring where the term ``telephone connection'' is not used.
    Auxiliary leads: Terminal equipment leads at the interface, other 
than telephone connections and leads otherwise defined in these Rules, 
which leads are to be connected either to common equipment or to 
circuits extending to central office equipment.
    Central-office implemented telephone: A telephone executing coin 
acceptance requiring coin service signaling from the central office.
    Channel equipment: Equipment in the private line channel of the 
telephone network that furnishes telephone tip and ring, telphone tip 1 
and ring 1, and other auxiliary or supervisory signaling leads for 
connection at the private line channel interface (where tip 1 and ring 1 
is the receive pair for 4-wire telephone connections).
    Coin-implemented telephone: A telephone containing all circuitry 
required to execute coin acceptance and related functions within the 
instrument itself

[[Page 237]]

and not requiring coin service signaling from the central office.
    Coin service: Central office implemented coin telephone service.
    Companion terminal equipment: Companion terminal equipment 
represents the terminal equipment that would be connected at the far end 
of a network facility and provides the range of operating conditions 
that the terminal equipment which is being registered would normally 
encounter.
    Continuity leads: Terminal equipment continuity leads at the network 
interface designated CY1 and CY2 which are connected to a strap in a 
series jack configuration for the purpose of determining whether the 
plug associated with the terminal equipment is connected to the 
interface jack.
    Demarcation point: The point of demarcation and/or interconnection 
between telephone company communications facilities and terminal 
equipment, protective apparatus or wiring at a subscriber's premises. 
Carrier-installed facilities at, or constituting, the demarcation point 
shall consist of wire or a jack conforming to subpart F of part 68 of 
the Commission's rules. ``Premises'' as used herein generally means a 
dwelling unit, other building or a legal unit of real property such as a 
lot on which a dwelling unit is located, as determined by the telephone 
company's reasonable and nondiscriminatory standard operating practices. 
The ``minimum point of entry'' as used herein shall be either the 
closest practicable point to where the wiring crosses a property line or 
the closest practicable point to where the wiring enters a multiunit 
building or buildings. The telephone company's reasonable and 
nondiscriminatory standard operating practices shall determine which 
shall apply. The telephone company is not precluded from establishing 
reasonable classifications of multiunit premises for purposes of 
determining which shall apply. Multiunit premises include, but are not 
limited to, residential, commercial, shopping center and campus 
situations.
    (a) Single unit installations. For single unit installations 
existing as of August 13, 1990, and installations installed after that 
date the demarcation point shall be a point within 30 cm (12 in) of the 
protector or, where there is no protector, within 30 cm (12 in) of where 
the telephone wire enters the customer's premises, or as close thereto 
as practicable.
    (b) Multiunit installations. (1) In multiunit premises existing as 
of August 13, 1990, the demarcation point shall be determined in 
accordance with the local carrier's reasonable and non-discriminatory 
standard operating practices. Provided, however, that where there are 
multiple demarcation points within the multiunit premises, a demarcation 
point for a customer shall not be further inside the customer's premises 
than a point twelve inches from where the wiring enters the customer's 
premises, or as close thereto as practicable.
    (2) In multiunit premises in which wiring is installed after August 
13, 1990, including major additions or rearrangements of wiring existing 
prior to that date, the telephone company may establish a reasonable and 
nondiscriminatory practice of placing the demarcation point at the 
minimum point of entry. If the telephone company does not elect to 
establish a practice of placing the demarcation point at the minimum 
point of entry, the multiunit premises owner shall determine the 
location of the demarcation point or points. The multiunit premises 
owner shall determine whether there shall be a single demarcation point 
location for all customers or separate such locations for each customer. 
Provided, however, that where there are multiple demarcation points 
within the multiunit premises, a demarcation point for a customer shall 
not be further inside the customer's premises than a point 30 cm (12 in) 
from where the wiring enters the customer's premises, or as close 
thereto as practicable.
    (3) In multiunit premises with more than one customer, the premises 
owner may adopt a policy restricting a customer's access to wiring on 
the premises to only that wiring located in the customer's individual 
unit that serves only that particular customer.
    Digital milliwatt: A digital signal that is the coded representation 
of a 0 dBm, 1000 Hertz sine wave.

[[Page 238]]

    Direct connection: Connection of terminal equipment to the telephone 
network by means other than acoustic and/or inductive coupling.
    E&M leads: Terminal equipment leads at the interface, other than 
telephone connections and auxiliary leads, which are to be connected to 
channel equipment solely for the purpose of transferring supervisory 
signals conventionally known as Types I and II E&M and schematically 
shown in Figures 68.3(e)(i) and 68.3(a)(ii).
    Encoded analog content: The analog signal contained in coded form 
within a digital signal.
    Equivalent power: The power of the analog signal at the output of a 
zero level decoder, obtained when a digital signal is the input to the 
decoder.
    Essential Telephones: Means only coin-operated telephones, 
telephones provided for emergency use, and other telephones frequently 
needed for use by persons using such hearing aids.
    Harm: Electrical hazards to telephone company personnel, damage to 
telephone company equipment, malfunction of telephone company billing 
equipment, and degradation of service to persons other than the user of 
the subject terminal equipment, his calling or called party.
    Hearing aid compatible: Except as used at Secs. 68.4(a)(3) and 
68.414, the terms hearing aid compatible or hearing aid compatibility 
are used as defined in Sec. 68.316, unless it is specifically stated 
that hearing aid compatibility volume control, as defined in 
Sec. 68.317, is intended or is included in the definition.
    Inband signaling private line interface: The point of connection 
between an inband signaling voiceband private line and terminal 
equipment or systems where the signaling frequencies are within the 
voiceband. All tip and ring leads shall be treated as telephone 
connections for the purposes of fulfilling registration conditions.
    Instrument-implemented telephone: A telephone containing all 
circuitry required to execute coin acceptance and related functions 
within the instrument itself and not requiring coin service signaling 
from the central office.
    ISDN Basic Rate Interface: A two-wire interface between the terminal 
equipment and ISDN BRA. The tip and ring leads shall be treated as 
telephone connections for the purpose of fulfilling registration 
conditions.
    ISDN Primary Rate Interface: A four-wire interface between the 
terminal equipment and 1.544 Mbps ISDN PRA. The tip, ring, tip-1, and 
ring-1 leads shall be treated as telephone connections for the purpose 
of fulfilling registration conditions.
    Local area data channel (LADC) leads: Terminal equipment leads at 
the interface used to transmit and/or receive signals which may require 
greater-than-voiceband frequency spectrum over private line metallic 
channels designated Local Area Data Channels (LADC). These leads should 
be treated as ``telephone connections'' as defined in this section or as 
tip and ring connections where the term ``telephone connection'' is not 
used.
    Local area data channel simulator circuit: A circuit for connection 
in lieu of a Local Area Data Channel to provide the appropriate 
impedance for signal power tests. The schematic of Figure 68.3(k) is 
illustrative of the type of circuit that will be required over the given 
frequency ranges. When used, the simulator shall be operated over the 
appropriate range of loop resistance for the equipment under test, under 
all voltages and polarities that the terminal under test and a connected 
companion unit are capable of providing.
    Longitudinal voltage: One half of the vector sum of the potential 
difference between the tip connection and earth ground, and the ring 
connection and earth ground for the tip, ring pair of 2-wire and 4-wire 
connections; and, additionally for 4-wire telephone connections, one 
half of the vector sum of the potential difference between the tip 1 
connection and earth ground and the ring 1 connection and earth ground 
for the tip 1, ring 1 pair (where tip 1 and ring 1 are the receive 
pair).
    Loop simulator circuit. A circuit that simulates the network side of 
a 2-wire or 4-wire telephone connection during testing. The required 
circuit schematics are shown in Figure 68.3(a) for 2-wire loop or ground 
start circuits, Figure 68.3(b) for 2-wire reverse battery circuits, 
Figure 68.3(c) for 4-wire loop or ground start circuits, Figure 68.3(d) 
for 4-wire reverse battery circuits, and

[[Page 239]]

Figure 68.3(j) for voiceband metallic channels. Figure 68.3(i) is an 
alternative termination for use in the 2-wire loop simulator circuits. 
Other implementations may be used provided that the same dc voltage and 
current characteristics and ac impedance characteristics will be 
presented to the equipment under test as are presented in the 
illustrative schematic diagrams. When used, the simulator shall be 
operated over the entire range of loop resistance as indicated in the 
figures, and with the indicated polarities and voltage limits. Whenever 
loop current is changed, sufficient time shall be allocated for the 
current to reach a steady-state condition before continuing testing.
    Make-busy leads: Terminal equipment leads at the network interface 
designated MB and MB1. The MB lead is connected by the terminal 
equipment to the MB1 lead when the corresponding telephone line is to be 
placed in an unavailable or artificially busy condition.
    Message register leads: Terminal equipment leads at the interface 
used solely for receiving dc message register (MR) pulses from a central 
office at a PBX so that message unit information normally recorded at 
the central office only is also recorded at the PBX. Signaling on the 
channel is by the application of battery and open conditions applied at 
the central office. No ac signaling is applied either by the PBX or by 
the central office. One or more pairs of MR leads, each designated T 
(MR) and R (MR) may appear at an interface depending on the number of 
PBX-CO trunks (one MR channel per PBX-CO trunk). However, unless 
otherwise stated, these leads at the interface should be treated at 
telephone connections as defined in paragraph (x) of this section or as 
tip and ring where the term ``telephone connection'' is not used.
    Message register signaling channel simulator: A circuit that 
simulates a telephone line (2-wire or single conductor) and a central 
office message register battery feed circuit used to convey message 
register information from the central office to a PBX. The schematic of 
Figure 68.3(h) is illustrative of the type of circuit that will be 
required; alternative implementation may be used provided that the same 
dc voltage and current characteristics and ac impedance characteristics 
will be presented to the message register equipment under test. When 
used, the simulator circuit shall be operated over the entire range of 
resistance and voltage values indicated in Figure 68.3(h). Whenever dc 
current is changed, sufficient time shall be allocated for the current 
to reach a steady-state condition before continuing the test.
    Metallic voltage: The potential difference between the tip and ring 
connections for the tip, ring pair of 2-wire and 4-wire connections and 
additionally for 4-wire telephone connections, between the tip 1 and 
ring 1 connections for the tip 1, ring 1 pair (where tip 1 and ring 1 
are the receive pair).
    Multi-port equipment: Equipment that has more than one telephone 
connection with provisions internal to the equipment for establishing 
transmission paths among two or more telephone connections.
    Network port: An equipment port of registered protective circuitry 
which port faces the telephone network.
    Non-system premises wiring: Wiring that is used with up to four-line 
business and residence services, located at the subscriber's premises.
    (a) Fully protected non-system premises wiring. Non-system premises 
wiring which is electrically behind registered (or grandfathered) 
equipment or protective circuitry which assures that electrical contact 
between the wiring and commercial power wiring or earth ground will not 
result in hazardous voltages at the telephone network interface.
    (b) Unprotected non-system premises wiring: All other non-system 
premises wiring.
    Off-premises line simulator circuit: A load impedance for 
connection, in lieu of an off-premises station line, to PBX (or similar) 
telephone system loop start circuits (Figure 68.3(f)) during testing. 
The schematic diagram of Figure 68.3(f) is illustrative of the type of 
circuit which will be required; alternative implementations may be used 
provided that the same dc voltage and current characteristics and ac 
impedance characteristics will be presented

[[Page 240]]

to the equipment under test as are presented in the illustrative 
schematic diagram. When used, the simulator shall be operated over the 
entire range of loop resistances as indicated in Figure 68.3(f), and 
with the indicated polarities. Whenever loop current is changed, 
sufficient time shall be allocated for the current to reach a steady-
state condition before continuing testing.
    Off-premises station interface: The point of connection between PBX 
telephone systems (or similar systems) and telephone company private 
line communication facilities used to access registered station 
equipment located off the premises. Equipment leads at this interface 
are limited to telephone tip and ring leads (designated T(OPS) and 
R(OPS)) where the PBX employs loop-start signaling at the interface. 
Unless otherwise noted, all T(OPS) and R(OPS) leads shall be treated as 
telephone connections for purposes of fulfilling registration 
conditions.
    One-port equipment: Equipment which has either exactly one telephone 
connection, or a multiplicity of telephone connections arranged so that 
no transmission among such telephone connections, within the equipment, 
is intended.
    Power connections: The connections between commercial power and any 
transformer, power supply rectifier, converter or other circuitry 
associated with registered terminal equipment or registered protective 
circuitry. The following are not power connections.
    (a) Connections between registered terminal equipment or registered 
protective circuitry and sources of non-hazardous voltages (see 
Sec. 68.306(b)(4) for a definition of non-hazardous voltages).
    (b) Conductors which distribute any power within registered terminal 
equipment or within registered protective circuitry.
    (c) Green wire ground (the grounded conductor of a commercial power 
circuit which is UL-identified by a continuous green color).
    Private line channel: Telephone company dedicated facilities and 
channel equipment used in furnishing private line service from the 
telephone network for the exclusive use of a particular party or 
parties.
    Private Radio Services: Means private land mobile radio services and 
other communications services characterized by the Commission in its 
rules as private radio services.
    PSDS Type II Analog Mode Loop Simulator Circuit: A circuit 
simulating the network side of the two-wire telephone connection that is 
used for testing terminal equipment to be connected to the PSDS Type II 
loops. Figure 68.3(m) shows the type of circuit required. Other test 
circuit configurations may be used provided they operate at the same DC 
voltage and current characteristics and AC impedance characteristics 
presented in the illustrated circuit. When utilized, the simulator 
should be operated over the entire range of loop resistances, and with 
the indicated voltage limits and polarities. Whenever the loop current 
is changed, sufficient time shall be allowed for the current to reach a 
steady-state condition before continuing testing.
    Public Mobile Services: Means air-to-ground radiotelephone services, 
cellular radio telecommunications services, offshore radio, rural radio 
service, public land mobile telephone service, and other common carrier 
radio communications services covered by part 22 of title 47 of the Code 
of Federal Regulations.
    Public Switched Digital Service Type I (PSDS Type I): This service 
functions only in a digital mode. It employs a transmission rate of 56 
Kbps on both the transmit and receive pairs to provide a four-wire full 
duplex digital channel. Signaling is accomplished using bipolar patterns 
which include bipolar violations.
    Public Switched Digital Service Type II (PSDS Type II): This service 
functions in two modes, analog and digital. Analog signaling procedures 
are used to perform supervisory and address signaling over the network. 
After an end-to-end connection is established, the Switched Circuit Data 
Service Unit (SCDSU) is switched to the digital mode. The time 
compression multiplexing (TCM) transmission operated at a digital 
transmission speed of 144 Kbps to provide full-duplex 56 Kbps on the 
two-wire access line.
    Public Switched Digital Service Type III (PSDS Type III): This 
service functions

[[Page 241]]

only in a digital mode. It uses a time compression multiplexing (TCM) 
rate of 160 Kbps, over one pair, to provide two full-duplex channels--an 
8 Kbps signaling channel for supervisory and address signaling, and a 64 
Kbps user data channel on a two-wire access line.
    Registered protective circuitry: Separate, identifiable and discrete 
electrical circuitry designed to protect the telephone network from 
harm, which is registered in accordance with the rules and regulations 
in Subpart C of this part.
    Registered terminal equipment: Terminal equipment which is 
registered in accordance with the rules and regulations in Subpart C of 
this part.
    Ringdown private line interface: The point of connection between 
ringdown voiceband private line service and terminal equipment or 
systems which provide ringing (20 or 30 Hz) in either direction for 
alerting only. All tip and ring leads shall be treated as telephone 
connections for the purposes of fulfilling registration conditions. On 
2-wire circuits the ringing voltage is applied to the ring conductor 
with the tip conductor grounded. On 4-wire circuits the ringing voltage 
is simplexed on the tip and ring conductors with ground simplexed on the 
tip (1) and ring (1) conductors.
    Secure Telephones: Means telephones that are approved by the United 
States Government for the transmission of classified or sensitive voice 
communications.
    Specialty adapters: Adapters that contain passive components such as 
resistive pads or bias resistors typically used for connecting data 
equipment having fixed-loss loop or programmed data jack network 
connections to key systems or PBXs.
    Subrate digital service: A digital service providing for the full-
time simultaneous two-way transmission of digital signals at synchronous 
speeds of 2.4, 4.8, 9.6 or 56 kbps.
    Switched Circuit Data Service Unit (SCDSU): A CPE device, with PSDS 
functionality, located between the Network Interface and the data 
terminal equipment. (It also is sometimes referred to as Network Channel 
Terminating Equipment).
    System premises wiring: Wiring which connects separately-housed 
equipment entities or system components to one another, or wiring which 
connects an equipment entity or system component with the telephone 
network interface, located at the customer's premises and not within an 
equipment housing.
    (a) Fully protected systems premises wiring. Premises wiring which 
is either:
    (1) No greater than 15 meters (50 feet) in length (measured linearly 
between the points where it leaves equipment or connector housings) and 
registered as a component of and supplied to the user with the 
registered terminal equipment or protective circuitry with which it is 
to be used. Such wiring shall either be pre-connected to the equipment 
or circuitry, or may be so connected by the user (or others) if it is 
demonstrated in the registration application that such connection by the 
untrained will not result in harm, using relatively fail-safe means.
    (2) A cord which complies with the previous subsection either as an 
integral length or in combination with no more than one connectorized 
extension cord. If used, the extension cord must comply with the 
requirements of Sec. 68.200(h) of these Rules.
    (3) Wiring located in an equipment room with restricted access, 
provided that this wiring remains exposed for inspection and is not 
concealed or embedded in the building's structure, and that it conforms 
to Sec. 68.215(d).
    (4) Electrically behind registered (or grandfathered) equipment, 
system components or protective circuitry which assure that electrical 
contact between the wiring and commercial power wiring or earth ground 
will not result in hazardous voltages or excessive longitudinal 
imbalance at the telephone network interface.
    (b) Protected system premises wiring requiring acceptance testing 
for imbalance. Premises wiring which is electrically behind registered 
(or grandfathered) equipment, system components or circuitry which 
assure that electrical contact between the wiring and commercial power 
wiring will not result in hazardous voltages at the telephone network 
interface.
    (c) Unprotected system premises wiring. All other premises wiring.

[[Page 242]]

    Telephone connection: Connection to telephone network tip and ring 
leads for 2-wire and 4-wire connections and, additionally, for 4-wire 
telephone connections, tip 1 and ring 1 leads and all connections 
derived from these leads. The term ``derived'' as used here means that 
the connections are not separated from telephone tip and ring or from 
telephone tip 1 and ring 1 by a sufficiently protective barrier. Part 68 
Rules that apply specifically to telephone network tip and ring pairs 
shall also apply to telephone network tip 1 and ring 1 pairs unless 
otherwise specified. In 4-wire connections, leads designated tip and 
ring at the interface are for transmitting voice frequencies toward the 
network and leads designated tip 1 and ring 1 at the interface are for 
receiving voice frequencies from the network.
    Telephone network: The public switched network and those private 
lines which are defined in Sec. 68.2(a) (2) and (3).
    Terminal port: An equipment port of registered protective circuitry 
which port faces remotely-located terminal equipment.
    Test Equipment: Equipment connected at the customer's premises that 
is used on the customer's side of the network interfaces to measure 
characteristics of the telephone network, or to detect and isolate a 
communications fault between a terminal equipment entity and the 
telephone network. Registration is required for test equipment capable 
of functioning as portable traffic recorded or equipment capable of 
transmitting or receiving test tones; except registration is not 
required for devices used by telephone companies solely for network 
installation and maintenance activities such as hand-held data 
terminals, linesmen's handsets, and subscriber line diagnostic devices.
    Tie trunk transmission interfaces.
    (a) 2-Wire: A 2-wire transmission interface with a path that is 
essentially lossless (except for 2dB switched pad operation, or 
equivalent) between the interface and the 2-wire or 4-wire, transmission 
reference point of the terminal equipment.
    (b) 4-Wire lossless: A 4-wire transmission interface with a path 
that is essentially lossless (except for 2dB switched pad operation, or 
equivalent) between the interface and the 2-wire or 4-wire transmission 
reference point of the terminal equipment; and
    (c) 4-Wire Conventional Terminating Set (CTS): A 4-wire interface 
with a path to the transmission reference point that has a conventional 
terminating set providing 2-wire to 4-wire conversion with approximately 
4dB of loss and having no gain elements. This device's loss will be 
referred to as a ``nominal'' 4dB, but in no case is it allowed to be 
less than 3dB.
    (d) Direct Digital Interface: An interface between a digital PBX and 
a digital transmission facility.
    (e) Digital Tandem 4-Wire Interface: A 4-wire digital interface 
between digital terminal equipment and a digital transmission facility 
operating at 1.544 Mbps or subrate connecting terminal equipment that 
provide tandem connections.
    (f) Digital Satellite 4-wire Interface: A 4-wire digital interface 
between digital terminal equipment and a digital transmission facility 
operating at 1.544 Mbps or subrate connecting terminal equipment that 
does not provide tandem connections to other digital terminal equipment.
    Voiceband metallic private line channel interface: The point of 
connection between a voiceband metallic private line channel and 
terminal equipment or systems where the network does not provide any 
signaling or transmission enhancement. Registered terminal equipment or 
systems may use convenient signaling methods so long as the signals are 
provided in such a manner that they cannot interfere with adjacent 
network channels. All tip and ring leads shall be treated as telephone 
connections for the purpose of fulfilling registration conditions.
    Zero level decoder: A decoder that yields an analog level of 0 dBm 
at its output when the input is the digital milliwatt signal. See Figure 
68.3(l).
    1.544 Mbps digital CO 4-wire interface: A 4-wire digital interface 
between digital terminal equipment and a digital transmission facility 
operating at 1.544 Mbps connecting to a serving central office.
    1.544 Mbps digital service: A full-time dedicated private line 
circuit used for

[[Page 243]]

the transmission of digital signals at a speed of 1.544 Mbps.

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[45 FR 20841, Mar. 31, 1980, as amended at 46 FR 40192, Aug. 7, 1981; 49 
FR 21734, May 23, 1984; 49 FR 48720, Dec. 14, 1984; 50 FR 48208, Nov. 
22, 1985; 51 FR 937, Jan. 9, 1986; 54 FR 21430, May 18, 1989; 55 FR 
28629, July 12, 1990; 58 FR 44907, Aug. 25, 1993; 61 FR 42186, Aug. 14, 
1996; 61 FR 42387, Aug. 15, 1996; 61 FR 52324, Oct. 7, 1996; 62 FR 
36464, July 8, 1997]

[[Page 258]]



Sec. 68.4  Hearing aid-compatible telephones.

    (a)(1) Except for telephones used with public mobile services, 
telephones used with private radio services, and cordless and secure 
telephones, every telephone manufactured in the United States (other 
than for export) or imported for use in the United States after August 
16, 1989, must be hearing aid compatible, as defined in Sec. 68.316. 
Every cordless telephone manufactured in the United States (other than 
for export) or imported into the United States after August 16, 1991, 
must be hearing aid compatible, as defined in Sec. 68.316.
    (2) Unless otherwise stated and except for telephones used with 
public mobile services, telephones used with private radio services and 
secure telephones, every telephone listed in Sec. 68.112 must be hearing 
aid compatible, as defined in Sec. 68.316.
    (3) A telephone is hearing aid-compatible if it provides internal 
means for effective use with hearing aids that are designed to be 
compatible with telephones which meet established technical standards 
for hearing aid compatibility.
    (4) The Commission shall revoke or otherwise limit the exemptions of 
paragraph (a)((1) of this section for telephones used with public mobile 
services or telephones used with private radio services if it determines 
that (i) such revocation or limitation is in the public interest; (ii) 
continuation of the exemption without such revocation or limitation 
would have an adverse effect on hearing-impaired individuals; (iii) 
compliance with the requirements of Sec. 68.4(a)(1) is technologically 
feasible for the telephones to which the exemption applies; and (iv) 
compliance with the requirements of Sec. 68.4(a)(1) would not increase 
costs to such an extent that the telephones to which the exemption 
applies could not be successfully marketed.

[54 FR 21430, May 18, 1989, as amended at 55 FR 28763, July 13, 1990; 57 
FR 27183, June 18, 1992; 61 FR 42186, Aug. 14, 1996]



Sec. 68.5  Waivers.

    The Commission may, upon the application of any interested person, 
initiate a proceeding to waive the requirements of Sec. 68.4(a)(1) with 
respect to new telephones, or telephones associated with a new 
technology or service. The Commission shall not grant such a waiver 
unless it determines, on the basis of evidence in the record of such 
proceeding, that such telephones, or such technology or service, are in 
the public interest, and that (a) compliance with the requirements of 
Sec. 68.4(a)(1) is technologically infeasible, or (b) compliance with 
such requirements would increase the costs of the telephones, or of the 
technology or service, to such an extent that such telephones, 
technology, or service could not be successfully marketed. In any 
proceeding under this section to grant a waiver from the requirements of 
Sec. 68.4(a)(1), the Commission shall consider the effect on hearing-
impaired individuals of granting the waiver. The Commission shall 
periodically review and determine the continuing need for any waiver 
granted pursuant to this section.

[54 FR 21430, May 18, 1989]



Sec. 68.6  Telephones with volume control.

    As of January 1, 2000, all telephones, including cordless 
telephones, as defined in Sec. 15.3(j) of this chapter, manufactured in 
the United States (other than for export) or imported for use in the 
United States, must have volume control in accordance with Sec. 68.317. 
Secure telephones, as defined by Sec. 68.3 are exempt from this section, 
as are telephones used with public mobile services or private radio 
services.

[62 FR 43484, Aug. 14, 1997]



           Subpart B--Conditions on Use of Terminal Equipment



Sec. 68.100  General.

    In accordance with the rules and regulations in subpart B of this 
part, terminal equipment may be directly connected to the public 
switched telephone network and to those private line services included 
in Sec. 68.2(a).

[51 FR 944, Jan. 9, 1986]



Sec. 68.102  Registration requirement.

    Terminal equipment must be registered in accordance with the rules

[[Page 259]]

and regulations in subpart C of this part, or connected through 
registered protective circuitry, which is registered in accordance with 
the rules and regulations in subpart C of this part.



Sec. 68.104  Means of connection.

    (a) General. Any jack installed by the telephone company at, or 
constituting, the demarcation point shall conform to subpart F of this 
part. Subject to the requirements of Sec. 68.213, connection of wiring 
and terminal equipment to the telephone network may be made through a 
jack conforming to subpart F or by direct attachment to carrier-
installed wiring including, but not limited to, splicing, bridging, 
twisting and soldering. Telephone company-provided ringers may be 
connected to the network in accordance with the carrier's reasonable and 
nondiscriminatory standard operating practices. Connection to the 
network of wiring subject to Sec. 68.215 and terminal equipment used 
therewith shall be through telephone company-provided jacks conforming 
to subpart F of this part, in such a manner as to allow for easy and 
immediate disconnection.
    (b) Data equipment. Where a customer desires to connect data 
equipment which has been registered in accordance with 
Sec. 68.308(b)(4)(i) or (ii), he shall notify the telephone company of 
each telephone line to which he intends to connect such equipment. The 
telephone company after determining the attenuation of each such 
telephone line between the interface and the telephone company central 
office, will make such connections as are necessary in each standard 
data jack which it will install, so as to allow the maximum signal power 
delivered by such data equipment to the telephone company central office 
to reach but not exceed the maximum allowable signal power permitted at 
the telephone company central office.
    (c) Tariff description. As an alternative to description in subpart 
F of these rules, connections to the telephone network may be made 
through standard plugs and standard telephone company-provided jacks or 
equivalent described in nationwide telephone tariffs: Provided, That 
these means of connection otherwise comply with paragraphs (a) and (b) 
of this section.

[45 FR 20853, Mar. 31, 1980, as amended at 55 FR 28630, July 12, 1990; 
61 FR 42392, Aug. 15, 1996; 61 FR 47434, Sept. 9, 1996]



Sec. 68.106  Notification to telephone company.

    (a) General. Customers connecting terminal equipment or protective 
circuitry to the telephone network shall, upon request of the telephone 
company, inform the telephone company of the particular line(s) to which 
such connection is made, the FCC registration number and ringer 
equivalence number of the registered terminal equipment or registered 
protective circuitry.
    (b) Systems assembled of combinations of individually-registered 
terminal equipment and protective circuitry. Customers connecting such 
assemblages to the telephone network shall, upon the request of the 
telephone company, provide to the telephone company the following 
information:
    (1) For each line:
    (i) Information required for compatible operation of the equipment 
with telephone company communications facilities.
    (ii) The FCC Registration Numbers for all equipment dedicated to 
that line.
    (iii) The largest Ringer Equivalence to be presented to that line.
    (2) A list of FCC Registration Numbers for equipment to be used in 
the system.
    (c) Systems using other than ``fully-protected'' premises wiring. 
Customers who intend to connect premises wiring other than ``fully-
protected'' premises wiring to the telephone network shall, in addition 
to the foregoing, give notice to the telephone company in accordance 
with Sec. 68.215(e).
    (d) AIOD trunk and station number verification. Customers who intend 
to install or have installer performed additions to and rearrangements 
of AIOD functions shall give notice to the telephone company in 
accordance with Sec. 68.222(d).
    (e) OPS. Customers who intend to connect to OPS facilities shall 
inform the telephone company of OPS class for

[[Page 260]]

which the equipment is registered and connection is desired.

[45 FR 20853, Mar. 31, 1980, as amended at 50 FR 47548, Nov. 19, 1985]



Sec. 68.108  Incidence of harm.

    Should terminal equipment, inside wiring, plugs and jacks, or 
protective circuitry cause harm to the telphone network, or, should the 
carrier reasonably determine that such harm is imminent, the telephone 
company shall, where practicable, notify the customer that temporary 
discontinuance of service may be required; however, wherever prior 
notice is not practicable, the telephone company may temporarily 
discontinue service forthwith, if such action is reasonable under the 
circumstances. In case of such temporary discontinuance, the telephone 
company shall:
    (a) Promptly notify the customer of such temporary discontinuance;
    (b) Afford the customer the opportunity to correct the situation 
which gave rise to the temporary discontinuance; and
    (c) Inform the customer of his right to bring a complaint to the 
Commission pursuant to the procedures set forth in subpart E of this 
part.

[55 FR 28630, July 12, 1990]



Sec. 68.110  Compatibility of the telephone network and terminal equipment.

    (a) Availability of interface information. Technical information 
concerning interface parameters not specified in this part, including 
the number of ringers which may be connected to a particular telephone 
line, which is needed to permit terminal equipment to operate in a 
manner compatible with telephone company communications facilities, 
shall be provided by the telephone company upon request.
    (b) Changes in telephone company facilities, equipment, operations 
or procedures. The telephone company may make changes in its 
communications facilities, equipment, operations or procedures, where 
such action is reasonably required in the operation of its business and 
is not inconsistent with the rules and regulations in this part. If such 
changes can be reasonably expected to render any customer's terminal 
equipment incompatible with telephone company communications facilities, 
or require modification or alteration of such terminal equipment, or 
otherwise materially affect its use or performance, the customer shall 
be given adequate notice in writing, to allow the customer an 
opportunity to maintain uninterrupted service.
    (c) Availability of inside wiring information. Any available 
technical information concerning wiring on the customer side of the 
demarcation point, including copies of existing schematic diagrams and 
service records, shall be provided by the telephone company upon request 
of the building owner or agent thereof. The telephone company may charge 
the building owner a reasonable fee for this service, which shall not 
exceed the cost involved in locating and copying the documents. In the 
alternative, the telephone company may make these documents available 
for review and copying by the building owner. In this case, the 
telephone company may charge a reasonable fee, which shall not exceed 
the cost involved in making the documents available, and may also 
require the building owner to pay a deposit to guarantee the documents' 
return.

[45 FR 20841, Mar. 31, 1980, as amended at 62 FR 36464, July 8, 1997]



Sec. 68.112  Hearing aid-compatibility.

    (a) Coin telephones. All new and existing coin-operated telephones, 
whether located on public property or in a semi-public location (e.g. 
drugstore, gas station, private club).
    (b) Emergency use telephones. Telephones ``provided for emergency 
use'' include the following:
    (1) Telephones, except headsets, in places where a person with a 
hearing disability might be isolated in an emergency, including, but not 
limited to, elevators, highways, and tunnels for automobile, railway or 
subway, and workplace common areas.

    Note to paragraph (b)(1): Examples of workplace common areas include 
libraries, reception areas and similar locations where employees are 
reasonably expected to congregate.


[[Page 261]]


    (2) Telephones specifically installed to alert emergency 
authorities, including, but not limited to, police or fire departments 
or medical assistance personnel.
    (3) Telephones, except headsets, in workplace non-common areas. 
Note: Examples of workplace non-common areas include private enclosed 
offices, open area individual work stations and mail rooms. Such non-
common area telephones are required to be hearing aid compatible, as 
defined in Sec. 68.316, by January 1, 2000, except for those telephones 
located in establishments with fewer than fifteen employees; and those 
telephones purchased between January 1, 1985 through December 31, 1989, 
which are not required to be hearing aid compatible, as defined in 
Sec. 68.316, until January 1, 2005.
    (i) Telephones, including headsets, made available to an employee 
with a hearing disability for use by that employee in his or her 
employment duty, shall, however, be hearing aid compatible, as defined 
in Sec. 68.316.
    (ii) As of January 1, 2000 or January 1, 2005, whichever date is 
applicable, there shall be a rebuttable presumption that all telephones 
located in the workplace are hearing aid compatible, as defined in 
Sec. 68.316. Any person who identifies a telephone as non-hearing aid-
compatible, as defined in Sec. 68.316, may rebut this presumption. Such 
telephone must be replaced within fifteen working days with a hearing 
aid compatible telephone, as defined in Sec. 68.316, including, on or 
after January 1, 2000, with volume control, as defined in Sec. 68.317.
    (iii) Telephones, not including headsets, except those headsets 
furnished under paragraph (b)(3)(i) of this section, that are purchased, 
or replaced with newly acquired telephones, must be:
    (A) Hearing aid compatible, as defined in Sec. 68.316, after October 
23, 1996; and
    (B) Include volume control, as defined in Sec. 68.317, on or after 
January 1, 2000.
    (iv) When a telephone under paragraph (b)(3)(iii) of this section is 
replaced with a telephone from inventory existing before October 23, 
1996, any person may make a bona fide request that such telephone be 
hearing aid compatible, as defined in Sec. 68.316. If the replacement 
occurs on or after January 1, 2000, the telephone must have volume 
control, as defined in Sec. 68.317. The telephone shall be provided 
within fifteen working days.
    (v) During the period from October 23, 1996, until the applicable 
date of January 1, 2000 or January 1, 2005, workplaces of fifteen or 
more employees also must provide and designate telephones for emergency 
use by employees with hearing disabilities through one or more of the 
following means:
    (A) By having at least one coin-operated telephone, one common area 
telephone or one other designated hearing aid compatible telephone 
within a reasonable and accessible distance for an individual searching 
for a telephone from any point in the workplace; or
    (B) By providing wireless telephones that meet the definition for 
hearing aid compatible for wireline telephones, as defined in 
Sec. 68.316, for use by employees in their employment duty outside 
common areas and outside the offices of employees with hearing 
disabilities.
    (4) All credit card operated telephones, whether located on public 
property or in a semipublic location (e.g. drugstore, gas station, 
private club), unless a hearing aid compatible (as defined in 
Sec. 68.316) coin-operated telephone providing similar services is 
nearby and readily available. However, regardless of coin-operated 
telephone availability, all credit card operated telephones must be made 
hearing aid-compatible, as defined in Sec. 68.316, when replaced, or by 
May 1, 1991, which ever comes sooner.
    (5) Telephones needed to signal life threatening or emergency 
situations in confined settings, including but not limited to, rooms in 
hospitals, residential health care facilities for senior citizens, and 
convalescent homes:
    (i) A telephone that is hearing aid compatible, as defined in 
Sec. 68.316, is not required until:
    (A) November 1, 1997, for establishments with fifty or more beds, 
unless replaced before that time; and
    (B) November 1, 1998, for all other establishments with fewer than 
fifty beds, unless replaced before that time.

[[Page 262]]

    (ii) Telephones that are purchased, or replaced with newly acquired 
telephones, must be:
    (A) Hearing aid compatible, as defined in Sec. 68.116, after October 
23, 1996; and
    (B) Include volume control, as defined in Sec. 68.317, on or after 
January 1, 2000.
    (iii) Unless a telephone in a confined setting is replaced pursuant 
to paragraph (b)(5)(ii) of this section, a hearing aid compatible 
telephone shall not be required if:
    (A) A telephone is both purchased and maintained by a resident for 
use in that resident's room in the establishment; or
    (B) The confined setting has an alternative means of signalling 
life-threatening or emergency situations that is available, working and 
monitored.
    (6) Telephones in hotel and motel guest rooms, and in any other 
establishment open to the general public for the purpose of overnight 
accommodation for a fee. Such telephones are required to be hearing aid 
compatible, as defined in Sec. 68.316, except that, for establishments 
with eighty or more guest rooms, the telephones are not required to be 
hearing aid compatible, as defined in Sec. 68.316, until November 1, 
1998; and for establishments with fewer than eighty guest rooms, the 
telephones are not required to be hearing aid compatible, as defined in 
Sec. 68.316, until November 1, 1999.
    (i) Anytime after October 23, 1996, if a hotel or motel room is 
renovated or newly constructed, or the telephone in a hotel or motel 
room is replaced or substantially, internally repaired, the telephone in 
that room must be:
    (A) Hearing aid compatible, as defined in Sec. 68.316, after October 
23, 1996; and
    (B) Include volume control, as defined in Sec. 68.317, on or after 
January 1, 2000.
    (ii) The telephones in at least twenty percent of the guest rooms in 
a hotel or motel must be hearing aid compatible, as defined in 
Sec. 68.316, as of April 1, 1997.
    (iii) Notwithstanding the requirements of paragraph (b)(6) of this 
section, hotels and motels which use telephones purchased during the 
period January 1, 1985 through December 31, 1989 may provide telephones 
that are hearing aid compatible, as defined in Sec. 68.316, in guest 
rooms according to the following schedule:
    (A) The telephones in at least twenty percent of the guest rooms in 
a hotel or motel must be hearing aid compatible, as defined in 
Sec. 68.316, as of April 1, 1997;
    (B) The telephones in at least twenty-five percent of the guest 
rooms in a hotel or motel must be hearing aid compatible, as defined in 
Sec. 68.316, by November 1, 1999; and
    (C) The telephones in one-hundred percent of the guest rooms in a 
hotel or motel must be hearing aid compatible, as defined in 
Sec. 68.316, by January 1, 2001 for establishments with eighty or more 
guest rooms, and by January 1, 2004 for establishments with fewer than 
eighty guest rooms.
    (c) Telephones frequently needed by the hearing impaired. Closed 
circuit telephones, i.e., telephones which cannot directly access the 
public switched network, such as telephones located in lobbies of hotels 
or apartment buildings; telephones in stores which are used by patrons 
to order merchandise; telephones in public transportation terminals 
which are used to call taxis or to reserve rental automobiles, need not 
be hearing aid compatible, as defined in Sec. 68.316, until replaced.

[49 FR 1362, Jan. 11, 1984, as amended at 55 FR 28763, July 13, 1990; 57 
FR 27183, June 18, 1992; 61 FR 42186, Aug. 14, 1996; 61 FR 42392, Aug. 
15, 1996; 62 FR 43484, Aug. 14, 1997; 62 FR 51064, Sep. 30, 1997]



                   Subpart C--Registration Procedures



Sec. 68.200  Application for equipment registration.

    An original and one copy of an application for registration of 
terminal equipment and protective circuitry shall be submitted on FCC 
Form 730 to the Federal Communications Commission, Washington, DC 20554 
(Applications requiring fees as set forth at part 1, subpart G of this 
chapter must be filed in accordance with Sec. 0.401(b) of the rules). An 
application for original approval of an equipment type directly 
connected to the network on May 1, 1976, may be submitted as a short 
form application (unless the Commission

[[Page 263]]

specifically requests the filing of complete information). All other 
applications shall have all questions answered and include the following 
information:
    (a) Identification, technical description and purpose of the 
equipment for which registration is sought.
    (b) The means, if any, employed to limit signal power into 
interface.
    (c) A description of all circuitry employed in assuring compliance 
with this part 68 including the following:
    (1) Specifications, including voltage or current ratings of all 
circuit elements whether active or passive, in that part of the 
equipment or circuitry which ensures compliance with subpart D of this 
part.
    (2) A circuit diagram containing the complete circuit of that part 
of the equipment or circuitry which ensures compliance with subpart D of 
this part. If this portion of the device is subject to factory or field 
adjustment by the applicant or an agent thereof, instructions for these 
adjustments shall be included. In addition, if the equipment or 
circuitry is designed to operate from power supplied by electric utility 
lines, the circuit diagram shall also include that portion of the device 
connected to such lines, including the power supply to the internal 
circuitry, and whatever means are employed to isolate such utility lines 
from the internal circuitry.
    (3) If a service manual is submitted, and any of these items are 
covered therein, it will be sufficient to list the pages in the manual 
on which the information specified in the item(s) appear.
    (d) A statement that the terminal equipment or protective circuitry 
complies with and will continue to comply with the rules and regulations 
in subpart D of this part, accompanied by such test results, description 
of test procedures, analyses, evaluations, quality control standards and 
quality assurance standards as are necessary to demonstrate that such 
terminal equipment or protective circuitry complies with and will 
continue to comply with all the applicable rules and regulations in 
subpart D of this part. The Common Carrier Bureau will publish a 
Registration Application Guide referencing acceptable test procedures; 
but other test methods may be employed provided they are fully described 
in the application and are found acceptable by the Commission.
    (e) A photograph, sample or drawing of the equipment label showing 
the information to be placed thereon.
    (f) Photographs, of size A4 (12.0 cm x 29.7 cm) or 8 x 10 inches 
(20.3 cm x 25.4 cm) of the equipment of sufficient clarity to reveal 
equipment construction and layout and labels for controls, with 
sufficient views of the internal construction to define component 
placement and chassis assembly. Photographs smaller than A4 (21.0 cm x 
29.7 cm) or 8 x 10 inches (20.3 cm x 25.4 cm) will be acceptable if 
mounted on paper A4 (21.0 cm x 29.7 cm) or 8 x 10 inches (20.3 cm x 25.4 
cm) and of sufficient clarity for the purpose. Insofar as these 
requirements are met by photographs or drawings contained in service 
manual or instruction manual included with the application, additional 
photographs are required only to complete the required showing.
    (g) If the device covered by the application is designed to operate 
in conjunction with other equipment, the characteristics of which can 
affect compliance of the device covered by the application with subpart 
D of this part, then such other equipment must also be registered. If 
such other equipment already is registered, then the FCC Registration 
Number(s) must be supplied.
    (h) Electrically transparent adapters, extension cords, line-
transfer swiches and cross-connect panels need not be registered 
provided they meet the requirements of Sec. 68.304(a) and the 
temperature-humidity requirements of Sec. 68.302(b). Descriptive 
installation procedures for cross-connect panels (where used) must be 
provided in equipment registration applications. Additional requirements 
include:
    (1) An extension cord must consist of a male connector and a female 
connector and wiring between them which is no longer than 7.6 meters (25 
feet).
    (2) Transfer switches must be manually operated, not use relays, and 
be wired in a balanced tip and ring configurations. Switch wiring must 
be ``fully protected'' wiring, no longer than 7.6 meters (25 feet).

[[Page 264]]

    (i) Any application for registration or modification of the 
registration of a telephone, filed on or after March 1, 1984, shall 
state whether the handset complies with Sec. 68.316 of these rules 
(defining hearing aid compatibility), or state that it does not comply 
with that section. A telephone handset which complies with Sec. 68.316 
shall be deemed a ``hearing aid-compatible telephone'' for purposes of 
Sec. 68.4.
    (j) Terminal equipment having the following lead connections to 
standard jacks or adapters are subject to the following compliance 
tests:
    (1) Make-busy leads: The MB and MB1 leads shall be considered 
telephone connections and comply with the requirements of Secs. 68.304 
and 68.306 when isolated from tip and ring. When the corresponding 
telephone line is of the loop-start type the tip and ring leads shall 
comply with all part 68 rules when the MB and MB1 leads are bridged to 
the tip and ring connections.
    (2) Continuity leads: Leakage current limitations shall be met as 
specified in Sec. 68.304. The design of the terminal equipment shall 
assure that the open circuit dc voltage to ground shall not exceed 18 
volts; the dc current in a short circuit across CY1 and CY2 shall not 
exceed 10 milliamperes; and any ac voltage to ground appearing on the 
continuity leads from sources in the terminal equipment shall not exceed 
5 volts peak. The leads, CY1 and CY2, shall be treated as telephone 
connections for the purpose of hazardous voltage limitation tests and 
are only required to comply with Sec. 68.304, 68.306(a) and (b)(1). 
Terminal equipment furnished with CY1 and CY2 leads shall comply with 
the criteria of Sec. 68.308 and 68.314 with a short circuit across the 
CY1 and CY2 leads.
    (3) Specialty adapters need only be evaluated for compliance with 
Secs. 68.304 and 68.310 under the conditions specified in Sec. 68.310. 
Resistors used for setting signal power levels must meet the 
requirements of Sec. 68.502(e). Specialty adapters may be labelled, 
``FCC Reg. No. XXX''. (The proper number should be included.) The other 
information required by Secs. 68.300 need not be provided.
    (4) Data jack programmed resistor leads (PR and PC): See 
Sec. 68.502(e). Leakage current limitations shall be met as specified in 
Sec. 68.304. PR and PC will be treated as telephone connections for the 
purpose of hazardous voltage limitation tests and are only required to 
comply with Sec. 68.306(a) and (b)(1). Equipment furnished with PR and 
PC leads shall comply with the criteria of Secs. 68.308 and 68.314 for 
all permitted values of the programming resistor specified in 
Sec. 68.502(e).
    (k) Any application for registration of a cordless telephone 
operating under the provisions of part 15 of this chapter shall be 
accompanied by a statement indicating that the device contains 
appropriate provision for protection of the public switched telephone 
network, pursuant to the requirements in Sec. 15.214 of this chapter.

[41 FR 8048, Feb. 24, 1976, as amended at 42 FR 32244, June 24, 1977; 49 
FR 1363, Jan. 11, 1984; 49 FR 48720, Dec. 14, 1984; 51 FR 944, Jan. 9, 
1986; 51 FR 12616, Apr. 14, 1986; 52 FR 10231, Mar. 31, 1987; 56 FR 
3785, Jan. 31, 1991; 58 FR 44907, Aug. 25, 1993; 61 FR 42392, Aug. 15, 
1996]



Sec. 68.202  Public notice.

    (a) The Commission will issue public notices of the filing of 
applications for equipment registrations and the grants thereof. No 
grant will issue before five days from the date of the public notice of 
the filing of the application.
    (b) The Commission will maintain lists of equipment for which it has 
granted registration and for which it has revoked registration.

[41 FR 8049, Feb. 24, 1976, as amended at 50 FR 47548, Nov. 19, 1985]



Sec. 68.204  Comments and replies.

    Comments may be filed as to any application for equipment 
registration within five days of the date of the public notice of its 
filing. Replies to such comments may be filed within five days of the 
filing of such comments. All comments must be served on all parties 
filing comments. An original and three copies of all comments and 
replies must be filed.

[50 FR 47548, Nov. 19, 1985]



Sec. 68.206  Grant of application.

    (a) The Commission will grant an application for equipment 
registration if it finds from an examination of such application and 
other matter which it

[[Page 265]]

may officially notice, that the equipment will comply with the rules and 
regulations in subpart D of this part, or that such grant will otherwise 
serve the public interest.
    (b) Grants will be made in writing showing the effective date of the 
grant and any special condition(s) attaching to the grant.
    (c) Equipment registration shall not attach to any equipment, nor 
shall any equipment registration be deemed effective, until the 
application has been granted.



Sec. 68.208  Dismissal and return of application.

    (a) An application which is not filed in accordance with the 
requirements of this part or which is defective with respect to 
completeness of answers to questions, execution or other matters of a 
formal character, may not be accepted for filing by the Commission and 
may be returned as unacceptable for filing unless accompanied by a fully 
supported request for waiver.
    (b) Any application, upon written request, may be dismissed prior to 
a determination granting or denying the equipment registration 
requested.
    (c) If an applicant is requested by the Commission to furnish any 
additional documents, information or equipment not specifically required 
by this subpart, a failure to comply with the request within the time, 
if any, specified by the Commission will result in the dismissal of such 
application.

[40 FR 53023, Nov. 14, 1975, as amended at 41 FR 8049, Feb. 24, 1976; 61 
FR 42392, Aug. 15, 1996]



Sec. 68.210  Denial of application.

    If the Commission is unable to make the findings specified in 
Sec. 68.206 it will deny the application. Notification of the denial 
will include a statement of the reasons for the denial.



Sec. 68.211  Registration revocation procedures.

    (a) Cause for revocation. The Commission may revoke the Part 68 
registration of a registrant:
    (1) Who has obtained the equipment registration by 
misrepresentation;
    (2) Whose registered equipment is shown to cause harm to the 
network;
    (3) Who willfully or repeatedly fails to comply with the terms and 
conditions of its Part 68 registration; or
    (4) Who willfully or repeatedly fails to comply with any rule, 
regulation or order issued by the Commission under the Communications 
Act of 1934 relating to equipment registration.
    (b) Notice of Intent to Revoke Part 68 Registration. Before revoking 
a Part 68 registration under the provisions of this section, the 
Commission, or the Common Carrier Bureau under delegated authority, will 
issue a written Notice of Intent to Revoke Part 68 Registration, or 
Joint Notice of Apparent Liability for Forfeiture and Intent to Revoke 
Part 68 Registration pursuant to Secs. 1.80 and 1.89 of this chapter.
    (1) Contents of the Notice. The Notice will:
    (i) Identify the registration date(s) and registration number(s) of 
the equipment, and the rule or federal law apparently violated;
    (ii) Set forth the nature of the act or omission charged against the 
registrant, and the facts upon which such charge is based;
    (iii) Specify that in the event of revocation, the registrant may 
not reapply for registration of the same product for a period of six 
months; and
    (iv) Specify that revocation of the registration may be in addition 
to, or in lieu of, an amount in forfeiture levied pursuant to Sec. 1.80 
of this chapter.
    (c) Delivery. The Notice will be sent via certified mail to the 
registrant at the address certified in the Part 68 application 
associated with the registration at issue.
    (d) Response. The registrant will be given a reasonable period of 
time (usually 30 days from the date of the Notice) to show, in writing, 
why its part 68 registration should not be revoked or why the forfeiture 
penalty should not be imposed or should be reduced.
    (e) Reapplication. A registrant whose registration has been revoked 
may not apply for registration of the same product for a period of six 
months from the date of revocation of the registration.
    (f) Reconsideration or appeal. A registrant who is issued a 
revocation of equipment registration and/or forfeiture assessment may 
request reconsideration or make administrative appeal

[[Page 266]]

of the decision pursuant to Part 1 of the Commission's rules--Practice 
and Procedure, Part 1 of this chapter.

[61 FR 42392, Aug. 15, 1996]



Sec. 68.212  Assignment of equipment registration.

    Commission equipment registration may not be assigned, exchanged or 
in any other way transferred to another party, without prior written 
notice to the Commission.



Sec. 68.213  Installation of other than ``fully protected'' non-system simple customer premises wiring.

    (a) Scope of this rule. Provisions of this rule apply only to 
``unprotected'' premises wiring used with simple installations of wiring 
for up to four line residential and business telephone service. More 
complex installations of wiring for multiple line services, for use with 
systems such as PBX and key telephone systems, are controlled by 
Sec. 68.215 of these rules.
    (b) Wiring authorized. Unprotected premises wiring may be used to 
connect units of terminal equipment or protective circuitry to one 
another, and to carrier-installed facilities if installed in accordance 
with these rules. The telephone company is not responsible, except 
pursuant to agreement between it and the customer or undertakings by it, 
otherwise consistent with Commission requirements, for installation and 
maintenance of wiring on the subscriber's side of the demarcation point, 
including any wire or jacks that may have been installed by the carrier. 
The subscriber and/or premises owner may install wiring on the 
subscriber's side of the demarcation point, and may remove, reconfigure, 
and rearrange wiring on that side of the demarcation point including 
wiring that may have been installed by the carrier. The customer or 
premises owner may not access carrier wiring and facilities on the 
carrier's side of the demarcation point. Customers may not access the 
telephone company-installed protector. All plugs and jacks used in 
connection with inside wiring shall conform to subpart F of this part. 
In multiunit premises with more than one customer, the premises owner 
may adopt a policy restricting a customer's access to wiring on the 
premises to only that wiring located in the customer's individual unit 
wiring that serves only that particular customer. See Demarcation point 
definition, Sec. 68.3(b)(3). The customer or premises owner may not 
access carrier wiring and facilities on the carrier's side of the 
demarcation point. Customers may not access the telephone company-
installed protector. All plugs and jacks used in connection with inside 
wiring shall conform to subpart F of this part.
    (c) Material requirements. Conductors shall have insulation with a 
1500 Volt rms breakdown rating. This rating shall be established by 
covering the jacket or sheath with at least 15 cm (6 in) (measured 
lineraly on the cable) of conductive foil, and establishing a potential 
difference between the foil and all of the individual conductors 
connected together, such potential difference gradually increased over a 
30 second time period to 1500 Volts rms, 60 Hertz, then applied 
continuously for one minute. At no time during this 90 second time 
interval shall the current between these points exceed 10 milliamperes 
peak.
    (d) Attestation. Manufacturers (or distributors or retailers, 
whichever name appears on the packaging) of non-system telephone 
premises wire shall attest in a letter to the Commission that the wire 
conforms with part 68, FCC Rules.

[49 FR 21734, May 23, 1984, as amended at 50 FR 29392, July 19, 1985; 50 
FR 47548, Nov. 19, 1985; 51 FR 944, Jan. 9, 1986; 55 FR 28630, July 12, 
1990; 58 FR 44907, Aug. 25, 1993; 62 FR 36464, July 8, 1997]



Sec. 68.214  Changes in registered equipment and circuitry.

    Changes in registered terminal equipment or registered protective 
circuitry shall be made as follows:
    (a) No change in registered terminal equipment or registered 
protective circuitry that would result in any change in the information 
furnished the Commission pursuant to Sec. 68.200 may be made, except 
after grant of a new application made on FCC Form 730.
    (b) Changes which do not result in any change in the information 
furnished the Commission pursuant to Sec. 68.200 may be made without 
express

[[Page 267]]

Commission approval. Provided, That prior written notification is given 
the Commission on FCC Form 730.
    (c) Where equipment is registered by virtue of incorporation of 
registered protective circuitry therein, no notification need be given 
of changes to other than the protective circuitry, its mechanical and 
electrical connections to the equipment.
    (d) Changes in registered terminal equipment or registered 
protective circuity made pursuant to paragraphs (b) and (c) of this 
section may be made only by the grantee, or an authorized agent thereof, 
and the grantee will remain responsible for the performance of such 
changes.
    (e) Operations associated with installing, connecting, reconfiguring 
or removing (other than final removal) premises wiring to registered 
terminal equipment or registered protective circuitry are changes in 
this equipment or circuitry within the meaning of this Section, unless:
    (1) The premises wiring involved is ``fully-protected'' premises 
wiring, or
    (2) All such operations are performed in accordance with 
Sec. 68.215.

[42 FR 32244, June 24, 1977, as amended at 43 FR 16499, April 19, 1978]



Sec. 68.215  Installation of other than ``fully protected'' system premises wiring that serves more than four subscriber access lines.

    (a) Types of wiring authorized--(1) Between equipment entities. 
Unprotected premises wiring, and protected premises wiring requiring 
acceptance testing for imbalance, may be used to connect separately-
housed equipment entities to one another.
    (2) Between an equipment entity and the network interface(s). Fully-
protected premises wiring shall be used to connect equipment entities to 
the telephone network interface unless the local telephone company is 
unwilling or unable to locate the interface within 7.6 meters (25 feet) 
of the equipment entity on reasonable request. In any such case, other 
than fully-protected premises wiring may be used if otherwise in 
accordance with these rules.
    (3) Hardware protection as part of the telephone company's 
facilities. In any case where the carrier chooses to provide (and the 
customer chooses to accept, except as authorized under paragraph (g) of 
this section), hardware protection on the network side of the 
interface(s), the presence of such hardware protection will affect the 
classification of premises wiring for the purposes of Sec. 68.215, as 
appropriate.
    (b) Installation personnel. Operations associated with the 
installation, connection, reconfiguration and removal (other than final 
removal of the entire premises communications system) of other than 
fully-protected premises wiring shall be performed under the supervision 
and control of a supervisor, as defined in paragraph (c) of this 
section. The supervisor and installer may be the same person.
    (c) Supervision. Operations by installation personnel shall be 
performed under the responsible supervision and control of a person who:
    (1) Has had at least six months of on-the-job experience in the 
installation of telephone terminal equipment or of wiring used with such 
equipment;
    (2) Has been trained by the registrant of the equipment to which the 
wiring is to be connected in the proper performance of any operations by 
installation personnel which could affect that equipment's continued 
compliance with these rules;
    (3) Has received written authority from the registrant to assure 
that the operations by installation personnel will be performed in such 
a manner as to comply with these rules.
    (4) Or, in lieu of paragraphs (c) (1) through (3) of this section, 
is a licensed professional engineer in the jurisdiction in which the 
installation is performed.
    (d) Workmanship and material requirements--(1) General. Wiring shall 
be installed so as to assure that there is adequate insulation of 
telephone wiring from commercial power wiring and grounded surfaces. 
Wiring is required to be sheathed in an insulating jacket in addition to 
the insulation enclosing individual conductors (see below) unless 
located in an equipment enclosure or in an equipment room with 
restricted access; it shall be assured that this physical and electrical 
protection is not damaged or abraded during

[[Page 268]]

placement of the wiring. Any intentional removal of wiring insulation 
(or a sheath) for connections or splices shall be accomplished by 
removing the minimum amount of insulation necessary to make the 
connection or splice, and insulation equivalent to that provided by the 
wire and its sheath shall be suitably restored, either by placement of 
the splices or connections in an appropriate enclosure, or equipment 
rooms with restricted access, or by using adequately-insulated 
connectors or splicing means.
    (2) Wire. Insulated conductors shall have a jacket or sheath with a 
1500 volt rms minimum breakdown rating, except when located in an 
equipment enclosure or an equipment room with restricted access. This 
rating shall be established by covering the jacket or sheath with at 
least 15 cm (6 in) (measured linearly on the cable) of conductive foil, 
and establishing a potential difference between the foil and all of the 
individual conductors connected together, such potential difference 
gradually increased over a 30 second time period to 1500 volts rms, 60 
Hertz, then applied continuously for one minute. At no time during this 
90 second time interval shall the current between these points exceed 10 
milliamperes peak.

    Note:  This requirement is patterned after Sec. 68.304.

    (3) Places where the jacket or sheath has been removed. Any point 
where the jacket or sheath has been removed (or is not required) shall 
be accessible for inspection. If such points are concealed, they shall 
be accessible without disturbing permanent building finish (e.g. by 
removing a cover).
    (4) Building and electrical codes. All building and electrical codes 
applicable in the jurisdiction to telephone wiring shall be complied 
with. If there are no such codes applicable to telephone wiring, Article 
800 of the 1978 National Electrical Code, entitled Communications 
Systems, and other sections of that Code incorporated therein by 
reference shall be complied with.
    (5) Limitations on electrical signals. Only signal sources which 
emanate from the local telephone company central office, or which are 
generated in equipment at the customer's premises and are ``non-
hazardous voltage sources'' (see Sec. 68.306(b)(4)) may be routed in 
premises telephone wiring, except for voltages for network control 
signaling and supervision which are consistent with standards employed 
by the local telephone company. Current on individual wiring conductors 
shall be limited to values which do not cause an excessive temperature 
rise, with due regard to insulation materials and ambient temperatures. 
The following table assumes a 45 deg. C temperature rise for wire sizes 
22 AWG or larger, and a 40 deg. C rise for wire sizes smaller than 22 
AWG, for poly-vinyl chloride insulating materials, and should be 
regarded as establishing maximum values to be derated accordingly in 
specific installations where ambient temperatures are in excess of 
25 deg. C:

    Maximum Continuous Current Capacity of PVC Insulated Copper Wire,   
                                Confined                                
------------------------------------------------------------------------
                                                               Maximum  
                Wire size, AWG                    Circular     current, 
                                                    mils       amperes  
------------------------------------------------------------------------
32............................................         63.2         0.32
30............................................        100.5         0.52
28............................................        159.8         0.83
26............................................        254.1          1.3
24............................................        404.0          2.1
22............................................        642.4          5.0
20............................................         1022          7.5
18............................................         1624           10
------------------------------------------------------------------------
Note: The total current in all conductors of multiple conductor cables  
  may not exceed 20% of the sum of the individual ratings of all such   
  conductors.                                                           

    (6) Physical protection. In addition to the general requirements 
that wiring insulation be adequate and not damaged during placement of 
the wiring, wiring shall be protected from adverse effects of weather 
and the environment in which it is used. Where wiring is attached to 
building finish surfaces (surface wiring), it shall be suitably 
supported by means which do not affect the integrity of the wiring 
insulation.
    (e) Documentation requirements. A notarized affidavit and one copy 
thereof shall be prepared by the installation supervisor in advance of 
each operation associated with the installation, connection, 
reconfiguration and removal of other than fully-protected premises 
wiring (except when accomplished functionally using a cross-connect

[[Page 269]]

panel), except when involved with removal of the entire premises 
communications system using such wiring. This affidavit and its copy 
shall contain the following information:
    (1) The responsible supervisor's full name, business address and 
business telephone number.
    (2) The name of the registrant(s) (or manufacturer(s), if 
grandfathered equipment is involved) of any equipment to be used 
electrically between the wiring and the telephone network interface, 
which does not contain inherent protection against hazardous voltages 
and longitudinal imbalance.
    (3) A statement as to whether the supervisor complies with 
Sec. 68.215(c). Training and authority under Sec. 68.215(c)(2)-(3) is 
required from the registrant (or manufacturer, if grandfathered 
equipment is involved) of the first piece of equipment electrically 
connected to the telephone network interface, other than passive 
equipments such as extensions, cross-connect panels, or adapters. In 
general, this would be the registrant (or manufacturer) of a system's 
common equipment.
    (4) The date(s) when placement and connection of the wiring will 
take place.
    (5) The business affiliation of the installation personnel.
    (6) Identification of specific national and local codes which will 
be adhered to.
    (7) The manufacturer(s); a brief description of the wire which will 
be used (model number or type); its conformance with recognized 
standards for wire if any (e.g., Underwriters Laboratories listing, 
Rural Electrification Administration listing, ``KS-'' specification, 
etc.); and a general description of the attachment of the wiring to the 
structure (e.g., run in conduit or ducts exclusively devoted to 
telephone wiring, ``fished'' through walls, surface attachment, etc.).
    (8) The date when acceptance testing for imbalance will take place.
    (9) The supervisor's signature.

The notarized original shall be submitted to the local telephone company 
at least ten calendar days in advance of the placement and connection of 
the wiring. This time period may be changed by agreement of the 
telephone company and the supervisor. The copy shall be maintained at 
the premises, available for inspection, so long as the wiring is used 
for telephone service.
    (f) Acceptance testing for imbalance. Each telephone network 
interface that is connected directly or indirectly to other than fully-
protected premises wiring shall be subjected to the acceptance test 
procedures specified in this section whenever an operation associated 
with the installation, connection, reconfiguration or removal of this 
wiring (other than final removal) has been performed.
    (1) Test procedure for two-way or outgoing lines or loops. A 
telephone instrument may be associated directly or indirectly with the 
line or loop to perform this test if one is not ordinarily available to 
it:
    (i) Lift the handset of the telephone instrument to create the off-
hook state on the line or loop under test.
    (ii) Listen for noise. Confirm that there is neither audible hum nor 
excessive noise.
    (iii) Listen for dial tone. Confirm that dial tone is present.
    (iv) Break dial tone by dialing a digit. Confirm that dial tone is 
broken as a result of dialing.
    (v) With dial tone broken, listen for audible hum or excessive 
noise. Confirm that there is neither audible hum nor excessive noise.
    (2) Test procedure for incoming-only (non-originating) lines or 
loops. A telephone instrument may be associated directly or indirectly 
with the line or loop to perform this test if one is not ordinarily 
available to it:
    (i) Terminate the line or loop under test in a telephone instrument 
in the on-hook state.
    (ii) Dial the number of the line or loop under test from another 
station, blocking as necessary other lines or loops to cause the line or 
loop under test to be reached.
    (iii) On receipt of ringing on the line or loop under test, lift the 
handset of the telephone instrument to create the off-hook state on that 
line or loop.
    (iv) Listen for audible hum or excessive noise. Confirm that there 
is neither audible hum nor excessive noise.

[[Page 270]]

    (3) Failure of acceptance test procedures. Absence of dial tone 
before dialing, inability to break dial tone, or presence of audible hum 
or excessive noise (or any combination of these conditions) during test 
of two-way or outgoing lines or loops indicates failure. Inability to 
receive ringing, inability to break ringing by going off-hook, or 
presence of audible hum or excessive noise (or any combination of these 
conditions) during test of incoming-only lines or loops indicates 
failure. Upon any such failure, the failing equipment or portion of the 
premises communications system shall be disconnected from the network 
interface, and may not be reconnected until the cause of the failure has 
been isolated or removed. Any previously tested lines or loops shall be 
retested if they were in any way involved in the isolation and removal 
of the cause of the failure.
    (4) Monitoring or participation in acceptance testing by the local 
telephone company. The local telephone company may monitor or 
participate in the acceptance testing required under this section, in 
accordance with Sec. 68.215(g) of this part, from its central office 
test desk or otherwise.
    (g) Extraordinary procedures. The local telephone company is hereby 
authorized to limit the subscriber's right of connecting FCC-registered 
terminal equipment or protective circuitry with other than fully-
protected premises wiring, but solely in accordance with this subsection 
and Sec. 68.108 of these rules.
    (1) Conditions which may invoke these procedures. The extraordinary 
procedures authorized herein may only be invoked where one or more of 
the following conditions is present:
    (i) Information provided in the supervisor's affidavit gives reason 
to believe that a violation of part 68 of the FCC's rules is likely.
    (ii) A failure has occurred during acceptance testing for imbalance.
    (iii) Harm has occurred, and there is reason to believe that this 
harm was a result of wiring operations performed under this section.

The extraordinary procedures authorized in the following sub-sections 
shall not be used so as to discriminate between installations by local 
telephone company personnel and installations by others. In general, 
this would require that any charges for these procedures be levied in 
accordance with, or analgous to, the ``maintenance of service'' tariff 
provisions: If the installation proves satisfactory, no charge should be 
levied.
    (2) Monitoring or participation in acceptance testing for imbalance. 
Notwithstanding the previous sub-section, the local telephone company 
may monitor or particapate in acceptance testing for imbalance at the 
time of the initial installation of wiring in the absence of the 
conditions listed therein; at any other time, one or more of the listed 
conditions shall be present. Such monitoring or participation in 
acceptance testing should be performed from the central office test desk 
where possible to minimize costs.
    (3) Inspection. Subject to paragraph (g)(1) of this section, the 
local telephone company may inspect wiring installed pursuant to this 
section, and all of the splicing and connection points required to be 
accessible by Sec. 68.215(d)(3) to determine compliance with this 
section. The user or installation supervisor shall either authorize the 
telephone company to render the splicing and inspection points visible 
(e.g. by removing covers), or perform this action prior to the 
inspection. To minimize disruption of the premises communications 
system, the right of inspecting is limited as follows:
    (i) During initial installation of wiring:

The telephone company may require withdrawal of up to 5 percent 
(measured linearly) of wiring run concealed in ducts, conduit or wall 
spaces, to determine conformance of the wiring to the information 
furnished in the affidavit.
    (ii) After failure of acceptance testing or after harm has resulted 
from installed wiring:

The telephone company may require withdrawal of all wiring run concealed 
in ducts, conduit or wall spaces which reasonably could have caused the 
failure of harm, to determine conformance of the wiring to the 
information furnished in the affidavit.

[[Page 271]]


In the course of any such inspection, the telephone company shall have 
the right to inspect documentation required to be maintained at the 
premises under Sec. 68.215(e).
    (4) Requiring the use of protective apparatus. In the event that any 
of the conditions listed in paragraph (g)(1) of this section, arises, 
and is not permanently remedied within a reasonable time period, the 
telephone company may require the use of protective apparatus which 
either protects solely against hazardous voltages, or which protects 
both against hazardous voltages and imbalance. Such apparatus may be 
furnished either by the telephone company or by the customer. This right 
is in addition to the telephone company's rights under Sec. 68.108.
    (5) Notice of the right to bring a complaint. In any case where the 
telephone company invokes the extraordinary procedures of 
Sec. 68.215(g), it shall afford the customer the opportunity to correct 
the situation which gave rise to invoking these procedures, and inform 
the customer of the right to bring a complaint to the Commission 
pursuant to the procedures set forth in subpart E of this part. On 
complaint, the Commission reserves the right to perform any of the 
inspections authorized under this section, and to require the 
performance of acceptance tests.
    (h) Limitations on the foregoing if protected wiring requiring 
acceptance testing is used. If protected wiring is used which required 
acceptance testing, the requirements in the foregoing paragraphs of 
Sec. 68.215 are hereby limited, as follows:
    (1) Supervision. Section 68.215(c)(2)-(3) are hereby waived. The 
supervisor is only required to have had at least six months of on-the-
job experience in the installation of telephone terminal equipment or of 
wiring used with such equipment.
    (2) Extraordinary procedures. Section 68.215(g)(3) is hereby limited 
to allow for inspection of exposed wiring and connection and splicing 
points, but not for requiring the withdrawal of wiring from wiring run 
concealed in ducts, conduit or wall spaces unless actual harm has 
occurred, or a failure of acceptance testing has not been corrected 
within a reasonable time. In addition, Sec. 68.215(g)(4) is hereby 
waived.

[43 FR 16499, Apr. 19, 1978, as amended at 44 FR 7958, Feb. 8, 1979; 47 
FR 37896, Aug. 27, 1982; 49 FR 21735, May 23, 1984; 58 FR 44907, Aug. 
25, 1993]



Sec. 68.216  Repair of registered terminal equipment and registered protective circuitry.

    Repair of registered terminal equipment and registered protective 
circuitry shall be accomplished only by the manufacturer or assembler 
thereof or by their authorized agent; however, routine repairs may be 
performed by a user, in accordance with the instruction manual if the 
applicant certifies that such routine repairs will not result in 
noncompliance with the rules and regulations in subpart D of this part.



Sec. 68.218  Responsibility of grantee of equipment registration.

    (a) In applying for a grant of an equipment registration, the 
grantee warrants that each unit of equipment marketed under such grant 
will comply with all the applicable rules and regulations in subpart D 
of this part.
    (b) The grantee or its agent shall provide the user of the 
registered equipment the following:
    (1) Instructions concerning installation, operational and repair 
procedures, where applicable.
    (2) Instructions that registered terminal equipment or protective 
circuitry may not be used with party lines or coin lines.
    (3) Instructions that when trouble is experienced the customer shall 
disconnect the registered equipment from the telephone line to determine 
if the registered equipment is malfunctioning and that if the registered 
equipment is malfunctioning, the use of such equipment shall be 
discontinued until the problem has been corrected.
    (4) Instructions that the user must give notice to the telephone 
company in accordance with the requirements of Sec. 68.106, and 
instructions specifying the Universal Service Order Code(s), other than 
RJ11 (see Sec. 68.502), of means of connection of the equipment which 
may be required to be ordered from the

[[Page 272]]

telephone company if not already installed.
    (5) For a telephone which is not hearing aid-compatible, as defined 
in Sec. 68.316 of these rules:
    (i) Notice that FCC rules prohibit the use of that handset in 
certain locations; and
    (ii) A list of such locations (see Sec. 68.112).
    (6) For registered devices used in connection with 1.544 Mbps 
digital services, instructions that the user must notify the telephone 
company prior to disconnection of such registered devices.

A telephone company which provides and installs the registered equipment 
need only provide the user with the information required in paragraphs 
(b)(1), (3) and (5) of this section.
    (c) When registration is revoked for any item of equipment, the 
grantee is responsible to take all reasonable steps to ensure that 
purchasers and users of such equipment are notified of such revocation 
and are notified to discontinue use of such equipment.
    (d) The grantee or its agent shall assure that any registered 
equipment or circuitry which is offered to a user shall be equipped with 
standard means of connection to the telephone network specified in 
subpart F of this part.

[41 FR 8049, Feb. 24, 1976, as amended at 42 FR 32244, June 24, 1977; 49 
FR 1363, Jan. 11, 1984; 50 FR 48209, Nov. 22, 1985]



Sec. 68.220  Cross reference.

    Applications for registration of terminal equipment or protective 
circuitry shall, in addition to the requirements of this subpart, comply 
with the provisions of subpart L of part 2 of this chapter.

[42 FR 32244, June 24, 1977]



Sec. 68.222  AIOD trunk and station number verification.

    (a) Verification requirements--(1) General. The proper 
identification of 4-digit PBX-central office trunk numbers and PBX 
station numbers for purposes of Automatic Identified Outward Dialing 
(AIOD) shall be verified as a part of initial installation and 
subsequent installer performed additions to and rearrangements of AIOD 
functions.
    (2) Trunk numbers. A 4-digit trunk number identified for each PBX-
central office trunk, when seized, shall be the same as the 4-digit 
trunk number assigned by the telephone company at the PBX-central office 
trunk interface.
    (3) Station numbers. The 4-digit station number identified for each 
station, incoming tie trunk, and the attendant when connected to a PBX-
central office trunk shall be verified to:
    (i) Be in the group of station numbers assigned by the telephone 
company and,
    (ii) Be the same as the number assigned to or intended to correspond 
uniquely to the station, tie trunk, or attendant.
    (b) Verification personnel. Operations associated with the 
verification of AIOD trunk and station number assignments shall be 
performed under the supervision and control of a supervisor, as defined 
in paragraph (c) of this section. The supervisor and installer may be 
the same person.
    (c) Supervision. Operations by installation personnel shall be 
performed under the responsible supervision and control of a person who:
    (1) Has at least six months of on-the-job experience in the 
installation of telephone terminal equipment;
    (2) Has been trained by the registrant in the operation of the AIOD 
feature and in the performance of operations needed to verify proper 
identification procedures and results.
    (3) Or, in lieu of paragraphs (c)(1) and (c)(2) of this section, is 
a licensed professional engineer in the jurisdiction in which the 
installation is performed.
    (d) Verification procedure. The installation supervisor shall notify 
the telephone company that the required verification tests have been 
performed. Such notification need not be made in writing. Such 
notification shall include the following information:
    (1) The responsible supervisor's full name, business address and 
business telephone number; and
    (2) The date when AIOD service involving the trunk and station 
numbers verified will start, the date when the verification test took 
place, and a list of the trunk and station numbers actually assigned.

[45 FR 20853, Mar. 31, 1980]

[[Page 273]]



Sec. 68.224  Notice of non-hearing aid compatibility.

    Every non-hearing aid compatible telephone offered for sale to the 
public on or after August 17, 1989, whether previously-registered, newly 
registered or refurbished shall:
    (a) Contain in a conspicuous location on the surface of its 
packaging a statement that the telephone is not hearing aid compatible, 
as is defined in Secs. 68.4(a)(3) and 68.316, or if offered for sale 
without a surrounding package, shall be affixed with a written statement 
that the telephone is not hearing aid-compatible, as defined in 
Secs. 68.4(a)(3) and 68.316; and
    (b) Be accompanied by instructions in accordance with 
Sec. 68.218(b)(5) of the rules.

[54 FR 21431, May 18, 1989, as amended at 61 FR 42187, Aug. 14, 1996]



Sec. 68.226  Registration of digital systems components.

    Registered terminal equipment for connection to digital services may 
be registered as a component of a terminal equipment system. Such 
terminal equipment shall be connected to digital services only in a 
manner consistent with the registration code contained as part of the 
FCC registration number. Such codes shall be determined and assigned in 
the administration of the registration program.

[50 FR 48209, Nov. 22, 1985]



                 Subpart D--Conditions for Registration

    Authority:  Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 
(47 U.S.C. 154, 155, 303).

    Source:  45 FR 20853, Mar. 31, 1980, unless otherwise noted.



Sec. 68.300  Labelling requirements.

    (a) Registered terminal equipment and registered protective 
circuitry shall have prominently displayed on an outside surface the 
following information in the following format:

Complies With Part 68, FCC Rules
 FCC Registration Number________________________________________________
 Ringer Equivalence_____________________________________________________

    (b) Registered terminal equipment and registered protective 
circuitry shall also have the following identifying information 
permanently affixed thereto:
    (1) Grantee's name
    (2) Model number, as specified in the registration application
    (3) Serial number or date of manufacture.
    (4) Country of origin of the equipment: Made in ------. Required if 
the equipment is not manufactured in the United States. Country of 
origin shall be determined in accordance with 19 U.S.C. 1304 and 
regulations promulgated thereunder.
    (5) As used herein, ``permanently affixed'' means that the required 
nameplate data is etched, engraved, stamped, indelibly printed or 
otherwise permanently marked. Alternatively, the required information 
may be permanently marked on a nameplate of metal, plastic, or other 
material fastened to the enclosure by welding, riveting, etc., or with a 
permanent adhesive. Such a nameplate must be able to last the expected 
lifetime of the equipment in the environment in which the equipment will 
be operated and must not be readily detachable.
    (c) As of April 1, 1997, all registered telephones, including 
cordless telephones, as defined in Sec. 15.3(j) of this chapter, 
manufactured in the United States (other than for export) or imported 
for use in the United States, that are hearing aid compatible, as 
defined in Sec. 68.316, shall have the letters ``HAC'' permanently 
affixed thereto. ``Permanently affixed'' shall be defined as in 
Sec. 68.300(b)(5). Telephones used with public mobile services or 
private radio services, and secure telephones, as defined by Sec. 68.3, 
are exempt from this requirement.
    (d)) When the device is so small or for such use that it is not 
practical to place the labelling information specified in paragraphs (a) 
and (b) of this section, the information required by these paragraphs 
shall be placed in a prominent place in user instructions. The FCC 
Registration Number and the device Model Number, however, must

[[Page 274]]

be displayed on the device. All lettering on the label must be 
discernible without magnification.

[45 FR 20853, Mar. 31, 1980, as amended at 51 FR 944, Jan. 9, 1986; 61 
FR 42187, Aug. 14, 1996; 61 FR 42392, Aug. 15, 1996; 61 FR 54953, Oct. 
23, 1996]



Sec. 68.302  Environment simulation.

    Registered terminal equipment and registered protective circuitry 
shall comply with all the criteria contained in the rules and 
regulations in this subpart, both prior to and after the application of 
each of the mechanical and electrical stresses specified in this 
section, not withstanding that certain of these stresses may result in 
partial or total destruction of equipment.
    (a) Vibration. The equipment shall be subjected to vibration while 
in the condition that it is normally shipped or transported. That is, 
during the following vibration test the equipment shall be vibrated 
while packaged if shipped packaged, or the equipment shall be vibrated 
while unpackaged if shipped unpackaged. The following sinusoidal 
vibration should be applied once in each of three orthogonal directions, 
however, for large equipments, the unit should rest on the base or side 
on which it is normally shipped: One sweep at a level of 0.5g peak from 
5 to 100 Hz, and one sweep at a level of 1.5g peak from 100 to 500 Hz. 
The 5 to 100 Hz sweep should be conducted at a sweep rate of 0.1 octave/
min. (approximately 45 minutes) and the 100 to 500 Hz sweep at a rate of 
0.25 octave/min. (approximately 10 minutes).
    (b) Temperature and humidity. Cycling at any convenient rate through 
the following temperature and humidity conditions three times: 30 
minutes at 65 deg. C (150 deg. F) and 15 percent relative humidity, 
followed by 30 minutes at 32 deg. C (90 deg. F) and 90 percent relative 
humidity, followed by 30 minutes at -40 deg. C (-40 deg. F) and any 
convenient humidity.
    (c) Shock. (1) Registered Terminal Equipment and Registered 
Protective Circuitry Equipment Unpackaged:
    Hand-Held Items Normally Used at Head Height:
    18 random drops from a height of 150 cm (60 in) onto concrete 
covered with 3 mm (\1/8\ in) asphalt tile or similar surface.
    Normally Customer Carried Equipment:
    6 random drops from a height of 75 cm (30 in) onto concrete covered 
with 3 mm (\1/8\ in) asphalt tile or similar surface.
    Equipment Not Normally Customer Carried:
    These tests are made onto concrete covered with 3 mm (\1/8\ in) 
asphalt tile or similar surface.
    0-10 kg (0-20 lbs): One 15 cm (6 in) face drop on each normal or 
designated rest face, one 7 cm (3 in) drop on all other faces, and one 7 
cm (3 in) corner drop on each corner.
    10-20 kg (20-50 lbs): One 10 cm (4 in) face drop on each normal or 
designated rest face, one 5 cm (2 in) face drop on all other faces, and 
one 5 cm (2 in) corner drop on each corner.
    20-50 kg (50-100 lbs): One 5 cm (2 in) face drop on each normal or 
designated rest face. One edgewise drop and one cornerwise drop from a 
height of 5 cm (2 in) on each edge and corner adjacent to the rest face.
    50-500 kg (100-1000 lbs): One 2 cm (1 in) face drop on each normal 
or designated rest face. One edgewise drop and one cornerwise drop from 
a height of 2 cm (1 in) on each edge and corner adjacent to the rest 
face.
    Over 500 kg (1,000 lbs): One 2 cm (1 in) face drop on each normal or 
designated rest face. One edgewise drop from a height of 2 cm (1 in) on 
each edge adjacent to this rest face.

    (2) The drop tests specified in the mechanical shock conditioning 
stresses shall be performed as follows:

    FACE DROP--The unit should be dropped such that the face to be 
struck is approximately parallel to the impact surface.
    CORNER DROP--The unit should be dropped such that upon impact a line 
from the struck corner to the center of gravity of the packaged 
equipment is approximately perpendicular to the impact surface.
    EDGEWISE DROP--The unit should be positioned on a flat test surface. 
One edge of the rest face should be supported with a block so that the 
rest face makes an angle of 20 deg. with the horizontal. The opposite 
edge should be lifted the designated height above the test surface and 
dropped.
    CORNERWISE DROP--The unit should be positioned on a flat test 
surface. One corner of the test face should be supported with a block so 
that the rest face makes an angle of 20 deg. with the horizontal. The 
opposite corner should be lifted the designated height above the test 
surface and dropped.
    RANDOM DROP--The unit should be positioned prior to release to 
ensure as nearly as possible that for every six drops there is one 
impact on each of the six major surfaces and that the surface to be 
struck is approximately parallel to the impact surface.

    (d) Metallic voltage surge. Two 800-volt peak surges of a metallic 
voltage (one

[[Page 275]]

of each polarity) having a 10-microsecond maximum rise time to crest and 
a 560-microsecond minimum decay time to half crest applied between (1) 
tip and ring of a 2-wire connection; (2) between tip and ring, and tip 1 
and ring 1 of a 4-wire connection; (3) between tip and tip 1 (with tip 
and ring tied together and tip 1 and ring 1 tied together) of a 4-wire 
connection which uses simplexed pairs for signaling; and (4) any other 
pair of connections on which lightning surges may occur (with one of the 
connections of the pair under test grounded) with the equipment in each 
of the following states:
    (i) Any operational state which can affect compliance with the 
requirements of part 68;
    (ii) Any state in which the equipment might be connected to the 
telephone network and from which it is capable of transferring to an 
operational state by an automatic or manual action required for proper 
use of the equipment and provided that any such state can affect 
compliance with the requirements of part 68; and
    (iii) Any state in which the equipment might be connected to the 
telephone network through an automatic or manual action under all 
reasonably foreseeable possibilities of disconnection of connections of 
such equipment with primary commercial power sources (including possible 
loss of equipment grounding through disconnection of a third-wire ground 
connection contained in a primary power source plug).

All other equipment leads (telephone connections, auxiliary leads, and 
terminals for connection to nonregistered equipment) not being surged or 
connected to those being surged should be terminated in a manner which 
is no less severe than that which occur in normal use and affect 
compliance with subpart D. Also, equipment states which cannot be 
achieved by normal means of power shall be achieved artificially by 
appropriate means, if necessary to comply with the above requirements. 
The peak current drawn from the surge generator must not be limited to 
less than 100 amperes by the capabilities of the surge generator except 
for the simplexed arrangement in case (3), which must not be limited to 
less than 200 amperes.
    (e) Longitudinal voltage surge. With registered terminal equipment 
in each of the following states: first, any operational state which can 
affect compliance with the requirements of part 68, second, any state in 
which the equipment might be connected to the telephone network and from 
which it is capable of transferring to an operational state by an 
automatic or manual action required for proper use of the equipment and 
provided that each state can affect compliance with the requirements of 
part 68 and third, any state in which the equipment might be connected 
to the telephone network through an automatic or manual action under all 
reasonably foreseeable possibilities of disconnection of connections of 
such equipment with primary commercial power sources (including possible 
loss of equipment grounding through disconnection of a third-wire ground 
connection contained in a primary power source plug):
    (1) Two 1500 volt peak surges (one of each polarity) having a 10 
microsecond maximum rise time to crest and a 160 microsecond minimum 
decay time to half crest applied separately between each of the 
following leads individually and (i) and (ii) below, and where 
available, also between all of the following leads tied together and (i) 
and (ii) below: Tip, ring, tip 1, ring 1, M (only for registered 
terminal equipment located on the ``A'' side of a Type I E&M interface).
    (i) Earth ground; and
    (ii) All leads on the registered equipment intended for connection 
to non-registered equipment when these leads are connected together.

The peak current drawn from the surge generator must not be limited to 
less than 200 amperes by the capabilities of the surge generator.
    (2) Two 1500 volt peak surges (one of each polarity) having a 10 
microsecond maximum rise time to crest and a 160 microsecond minimum 
decay time to half crest applied between pairs of connections other than 
tip and ring on which lightning surges may occur, connected together, 
and individually to (i) and (ii) below:
    (i) Earth ground; and

[[Page 276]]

    (ii) All leads on the registered equipment intended for connection 
to non-registered equipment when these leads are tied together.

The peak current drawn from the surge generator shall not be limited to 
less than 200 amperes by the capabilities of the surge generator.
    (3) Six 2500 volt peak surges (three of each polarity) having a 2 
microsecond maximum rise time to crest and a 10 microsecond minimum 
decay time to half crest applied between the phase and neutral terminals 
of the ac power line. The peak current drawn from the surge generator 
must not be limited to less than 1000 amperes by the capabilities of the 
surge generator.

All other equipment leads (telephone connections, auxiliary leads, and 
terminals for connection to non-registered equipment) not being surged 
or connected to those being surged should be terminated in a manner 
which is no less severe than that which would occur in normal use and 
affect compliance with subpart D. Also, equipment states which cannot be 
achieved by normal means of power shall be achieved artificially by 
appropriate means, if necessary to comply with the above requirements.
    (f) Failure modes resulting from the application of metallic and 
longitudinal surges. Registered terminal equipment and registered 
protective circuitry are permitted to reach a failure-mode state in 
violation of longitudinal balance requirements of Sec. 68.310, and for 
terminal equipment connected to Local Area Data Channels a failure-mode 
state in violation of the longitudinal signal power requirements of 
Sec. 68.308, after application of the electrical surges specified in 
paragraphs (d) and (e) herein, provided that:
    (1) Such failure results from an intentional, designed failure mode 
which has the effect of connecting telephone or auxiliary connections 
with earth ground; and,
    (2) If such a failure-mode state is reached, the equipment is 
designed in such a manner that it would become substantially and 
noticeably unusable by the user, or an indication is given to the user 
(e.g., an alarm), in order that such equipment can be immediately 
disconnected or repaired.

    Note:  The objective of this subsection is to allow for safety 
circuitry which diverts lightning-like transients to earth ground, but 
which may continue to maintain the earth ground connections after the 
transients have ceased. Such a failure-mode has the potential for 
causing interference resulting from longitudinal imbalance, and 
therefore designs must be adopted which will cause the equipment either 
to be disconnected or repaired rapidly after such a state is reached, 
should it occur in service. This subsection does not apply to tie trunk 
interface leads.


[45 FR 20853, Mar. 31, 1980, as amended at 50 FR 47549, Nov. 19, 1985; 
51 FR 944, Jan. 9, 1986; 51 FR 16689, May 6, 1986; 58 FR 44907, Aug. 25, 
1993]



Sec. 68.304  Leakage current limitations.

    Registered terminal equipment and registered protective circuitry 
shall assure that, if a voltage source is connected to the combinations 
listed in the table below, of the following points on such equipment:
    (a) All telephone connections,
    (b) All power connections,
    (c) All possible combinations of exposed conductive surfaces on the 
exterior of such equipment or circuitry excluding terminals for 
connection to other terminal equipment,
    (d) All terminals for connection to nonregistered equipment,
    (e) Points having a conducting path to the secondaries of any power 
supply,
    (f) All auxiliary lead terminals, and
    (g) All E&M lead terminals,
    (h) All PR, PC, CY1 and CY2 leads,

and is gradually increased, from zero to the values listed in the table 
below, over a thirty second time period, then applied continuously for 
one minute, the current in the mesh formed by the voltage source and 
these points shall not exceed 10 milliamperes peak at any time during 
this 90 second time interval.

   Voltage Applied for Various Combinations of Electrical Connections   
------------------------------------------------------------------------
               Voltage sources connected between                 Value* 
------------------------------------------------------------------------
  (a) and (c) note (5)........................................      1000
  (a) and (d) note (5)........................................      1000
  (a) and (f) note (5)........................................      1000
  (a) and (g) note (5)........................................      1000

[[Page 277]]

                                                                        
  (a) and (h) note (6)........................................      1000
  (b) and (c).................................................      1500
  (b) and (d).................................................      1500
  (b) and (e).................................................      1500
  (b) and (h).................................................      1500
  (c) and (f).................................................      1000
  (c) and (g).................................................      1000
  (d) and (f).................................................      1000
  (d) and (g).................................................      1000
  (f) and (h).................................................      1000
------------------------------------------------------------------------
* Value to which test voltage is gradually increased, rms, 60 Hertz.    


    Notes:  (1) If, in any operational state, one of the telephone 
connections, auxiliary leads or E&M leads has an intentional conducting 
path to earth ground, that lead may be excluded from the leakage current 
test in that operational state. Connections excluded for this reason 
must comply with the requirements of Sec. 68.306(c) in addition to the 
other applicable rules. However, leakage current tests between telephone 
connections and auxiliary leads, and between telephone connections and 
E&M leads are required unless both points have intentional conducting 
paths to earth ground.
    (2) Terminal port connections to registered protective circuitry 
shall be treated as point (d) leads for the purposes of leakage current 
limitation.
    (3) Leakage current limitations shall be met between each of the 
point (d) and point (f) leads and all pairs of tip and ring telephone 
connections. (Testing all pairs may be done by a sequence of appropriate 
combinations of pairs.)
    (4) Equipment states which cannot be achieved by normal means of 
power shall be achieved artifically by appropriate means, if necessary 
to comply with the requirements of this section.
    (5) For multi-unit equipment interconnected by cables, which is 
evaluated and registered as an interconnected combination or assembly, 
the specified 10 milliamperes peak maximum leakage current limitation, 
other than between power connection points and other points, may be 
increased as described here to accommodate cable capacitance. The 
leakage current limitation may be increased to (10N+0.13L) milliamperes 
peak where L is the length of interconnecting cable in the leakage path 
in meters and N is the number of equipment units which the combination 
or assembly will place in parallel across a telephone connection. 
However, all combinations of electrical connections requiring the 
increased limitation and involving point (c) (exposed conductive 
surfaces) surfaces must comply with the requirements of Sec. 68.306(c) 
in addition to other applicable rules.
    (6) Leakage current limitations shall be met between each of the 
point (h) leads and all pairs of tip and ring telephone connections.


[45 FR 20853, Mar. 31, 1980, as amended at 51 FR 944, Jan. 9, 1986; 58 
FR 44907, Aug. 25, 1993]



Sec. 68.306  Hazardous voltage limitations.

    (a) General. Under no condition of failure of registered terminal 
equipment or registered protective circuitry, or of equipment connected 
thereto, which can be conceived to occur in the handling, operation or 
repair of such equipment or circuitry, shall the open circuit voltage on 
telephone connections exceed 70 volts peak for more than one second, 
except for voltages for network control signaling and supervision, 
which, in any case, should be consistent with standards employed by the 
telephone companies.
    (1) Registered terminal equipment shall assure that at the MR 
channel interface, no continuous ac or dc voltages appear across the tip 
(MR) and ring (MR) leads, from the tip (MR) lead to PBX ground, or from 
the ring (MR) lead to PBX ground.
    (2) Registered terminal equipment shall assure that during normal 
operation, at an AIOD data channel interface, (i) no significant ac 
voltage to ground other than for data transmission appears on the tip 
(AI) and ring (AI) leads; (ii) no open circuit dc voltage to ground 
appears on the tip (AI) and ring (AI) leads other than in the range from 
0 to -56.5 volts.
    (3) Registered terminal equipment shall also assure that at either 
the MR channel interface or an AIOD data channel interface, voltage 
transients appearing on either the tip (AI or MR) or ring (AI or MR) to 
ground as a result of inductive components in the registered terminal 
equipment shall not be capable of delivering more than 2 joules to a 500 
ohm resistive termination.
---------------------------------------------------------------------------

    * The ac component should not exceed 5 volts peak or the 
dc component 5 volts, where not otherwise controlled by Sec. 68.308.
---------------------------------------------------------------------------

    (4) Type I E&M leads. Conditions for ``A'' side of interface with 
conditions for ``B'' side in parentheses. Registered terminal equipment 
shall assure that the dc current in the E lead does not

[[Page 278]]

exceed 100 milliamperes, no significant ac voltage to ground appears on 
the E&M leads,* no significant ac or dc voltage to ground appear on the 
(E) & (M) leads,* and the open circuit dc voltage to ground on the E&M 
leads does not exceed 56.5 volts and is not positive. M lead protection 
shall be provided to assure that voltages to ground do not exceed 80 
volts. For relay contact implementation a power dissipation capability 
of 0.5 watt shall be provided in the shunt path. If the registered 
terminal equipment contains an inductive component in the E lead, it 
must assure that the transient voltage across the contact as a result of 
a relay contact opening, does not exceed the following voltage and 
duration limitations:
    (i) 300 volts peak,
    (ii) A rate of change of one volt per microsecond, and
    (iii) An 80 volt level for more than 10 milliseconds.
    (5) Type II E&M leads. Conditions for ``A'' side of interface with 
conditions for ``B'' side in parentheses. Registered terminal equipment 
shall assure that the dc current in the E and (SB) leads does not exceed 
100 milliamperes and no significant ac voltage to ground appears on the 
E and (SB) leads,* no significant ac or dc voltages to ground appear on 
the M, SG, SB (E), (SG), and (M) leads from sources in the registered 
terminal equipment,* and the open circuit dc voltage to ground on the E 
and (SB) leads does not exceed 56.5 volts and is not positive. If the 
registered terminal equipment contains an inductive component in the E 
or (M) lead, it must assure that the transient voltage across the 
contact, as a result of a relay contact opening, does not exceed the 
following voltage and duration limitations;
    (i) 300 volts peak,
    (ii) A rate of change of one volt per microsecond, and
    (iii) An 80 volt level for more than 10 milliseconds.
    (6) Off-premises station voltages. (i) Talking battery or voltages 
applied by the PBX (or similar systems) to OPS interface leads for 
supervisory purposes must be negative with respect to ground, shall not 
exceed 56.5V dc for Classes A, B, and C, and shall not have a 
significant ac component.*
    (ii) Ringing signals applied by the PBX (or similar systems) 
to OPS interface leads shall be applied for the purpose of station 
alerting only, and shall comply with requirements in paragraph (d) of 
this section. Ringing voltages shall be applied between the ring 
conductor and ground.
    (7) For Local Area Data Channel interfaces, during normal operating 
modes including terminal equipment initiated maintenance signals, 
registered terminal equipment shall assure, except during the 
application of ringing (limitations specified in paragraph (d) of this 
section), with respect to telephone connections (tip, ring, tip 1, ring 
1) that:
    (i) Under normal operating conditions, the rms current per conductor 
between short-circuited conductors, including dc and ac components, does 
not exceed 350 milliamperes. For other than normal operating conditions, 
the rms current between any conductor and ground or between short-
circuited conductors, including dc and ac components, may exceed 350 
milliamperes for no more than 1.5 minutes.
    (ii) The dc voltage between any conductor and ground does not exceed 
80 volts. Under normal operating conditions it shall not be positive 
with respect to ground (though positive voltages up to 80 volts may be 
allowed during brief maintenance states);
    (iii) Ac voltages are less than 42.4 volts peak between any 
conductor and ground, (Terminal equipment shall comply while other 
interface leads are both (A) unterminated and (B) individually 
terminated to ground); and,
    (iv) Combined ac and dc voltages between any conductor and ground 
are less than 42.4 volts peak when the absolute value of the dc 
component is less than 21.2 volts, and less than (28.8 + 64  x  Vdc) 
when the absolute value of the dc component is between 21.2 and 80 
volts.
    (8) During normal operation, registered terminal equipment for 
connection to ringdown voiceband private line interfaces or voiceband 
metallic channel interfaces shall assure that:
    (i) Ringing voltage is used for alerting only, does not exceed the 
voltage

[[Page 279]]

and current limits specified in paragraph (d), and is:
    (A) Applied to the ring conductor with the tip conductor grounded 
for 2-wire interfaces, or
    (B) Simplexed on the tip and ring conductors with ground simplexed 
on the tip (1) and ring (1) conductors for 4-wire interfaces.
    (ii) Except during the signaling mode or for monitoring voltage, 
there is no significant positive dc voltage with respect to ground (not 
over +5 volts):
    (A) For 2-wire ports between the tip lead and ground and the ring 
lead and ground, and
    (B) For 4-wire ports between the tip lead and ground, the ring lead 
and ground, the tip 1 lead and ground, and the ring 1 lead and ground.
    (iii) The dc current per lead, under short circuit conditions shall 
not exceed 140 milliamperes.
    (b) Connection of nonregistered equipment to registered terminal 
equipment or registered protective circuitry--(1) General. Leads to, or 
any elements having a conducting path to telephone connections, 
auxiliary leads or E&M leads shall:
    (i) Be reasonably physically separated and restrained from and be 
neither routed in the same cable as nor use the same connector as leads 
or metallic paths connecting power connections;
    (ii) Be reasonably physically separated and restrained from and be 
neither routed in the same cable as nor use adjacent pins on the same 
connector as metallic paths to leads to nonregistered equipment, when 
specification details provided to the Commission pursuant to 
Sec. 68.200(g) do not show that interface voltages are less than non-
hazardous voltage source limits in Sec. 68.306(b)(4).
    (2) Connections to registered terminal equipment. The voltage 
measurable between auxiliary leads, auxiliary leads to ground, E&M leads 
and ground, tip and ring, tip to ground, ring to ground, tip 1 and ring 
1, tip 1 to ground, and ring 1 to ground shall not exceed 70 volts peak 
for more than 1 second, with tip to ring, tip 1 to ring 1, and auxiliary 
lead to auxiliary lead each terminated with 1500 ohms center-tapped 
through 1000 ohms to ground and each E&M lead terminated in 1500 ohms to 
ground, if 120 volts rms 60 Hz, ac is applied between all connections to 
other equipment tied together (except connections to non-hazardous 
voltage sources) and ground. The source shall not be limited to less 
than 20 amperes continuously, not to less than 50 amperes for 1 minute, 
and shall not be interrupted by an overcurrent device permitting less 
total energy flow than a 20 ampere time delay fuse or breaker.
    (3) Connections to registered protective circuitry. The voltage 
measurable between auxiliary leads, auxiliary leads to ground, E&M leads 
and ground, tip and ring, tip to ground, ring to ground, tip 1 and ring 
1, tip 1 to ground, and ring 1 to ground shall not exceed 70 volts peak 
for more than 1 second, with tip to ring, tip 1 to ring 1 and auxiliary 
lead to auxiliary lead each terminated with 1500 ohms, center-tapped 
through 1000 ohms to ground, and each E&M lead terminated in 1500 ohms 
to ground if either 120 or 300 volts rms to 60 Hz. ac is applied:
    (i) Between all protective circuitry connections other than 
telephone connections (and connection to non-hazardous voltage sources), 
tied together and ground; and
    (ii) Across all protective circuitry connections, other than 
telephone connections (and connections to non-hazardous voltage sources) 
which have a transmission path to the telephone connections, with 
alternative leads grounded; under all reasonable applications of earth 
ground to the protective circuitry. The source shall not be limited to 
less than 20 amperes continuously, nor to less than 50 amperes for 1 
minute, and shall not be interrupted by an overcurrent device permitting 
less total energy flow than a 20 ampere time delay fuse or breaker.
    (4) Non-hazardous voltage source. A voltage source is considered a 
non-hazardous voltage source if it conforms with the requirements of 
Secs. 68.302, 68.304, and 68.306(b)(1), with all connections to the 
source other than primary power connections treated as ``telephone 
connections,'' and if such source supplies voltages no greater than the 
following under all modes of operation and of failure:

[[Page 280]]

    (i) Ac voltages less than 42.4 volts peak;
    (ii) Dc voltages less than 80 volts; and
    (iii) Combined ac and dc voltages less than 42.4 volts peak when the 
absolute value of the dc component is less than 21.2 volts and less than 
(28.8 + 0.64  x  V dc) when the absolute value of the dc component is 
between 21.2 and 80 volts.
    (c) Hazards from exposed surfaces (to be applied for intentional 
conductive paths to ground as required by Sec. 68.304). The voltage 
measurable between auxiliary leads, auxiliary leads to ground, E&M leads 
and ground, tip and ring, tip and ground, ring and ground, tip 1 and 
ring 1, tip 1 and ground, ring 1 and ground, shall not exceed 70 volts 
peak for more than 1 second, with tip to ring, tip 1 and ring 1, and 
auxiliary lead to auxiliary lead each terminated with 1500 ohms, center-
tapped through 1000 ohms to ground, and each E&M lead terminated in 1500 
ohms to ground, if 120 volts rms 60 Hz. ac is applied between conductive 
exposed surfaces and ground. The source shall not be limited to less 
than 20 amperes continuously, nor to less than 50 amperes for 1 minute, 
and shall not be interrupted by an overcurrent device permitting less 
total energy flow than a 20 ampere time delay fuse or breaker.
    (d) Ringing sources. Ringing sources, except for class A OPS 
interfaces, shall meet all of the following restrictions:
    (1) The ringing signal shall use only frequencies whose fundamental 
component is equal to or below 70 Hz.2
---------------------------------------------------------------------------

    2 33 Hz may be the highest frequency necessary for OPS 
service.
---------------------------------------------------------------------------

    (2) The ringing voltage shall be less than 300 V peak-to-peak and 
less than 200 V peak-to-ground across a resistive termination of at 
least 1 megohm.
    (3) The ringing voltage shall be interrupted to create quiet 
intervals of at least one second (continuous) duration each separated by 
no more than 5 seconds. During the quiet intervals, the voltage to 
ground shall not exceed the voltage limits given in paragraph (a)(6)(i) 
of this section.
    (4) As specified below, ringing sources shall be required to (a) 
include a series current-sensitive tripping device in the ring lead 
which will trip ringing as specified in Figure 68.306(d), and/or (b) 
provide a voltage to ground (monitoring voltage) on the tip or ring 
conductor with a magnitude of at least 19 volts peak (but may not exceed 
the voltage limits given in paragraph (a)(6)(i) of this section) 
whenever the ringing voltage is not present (idle state). Tripping 
devices and/or monitoring voltages are required dependent upon the 
current flow through a specified resistance connected between the 
ringing source (R(OPS)) and ground as follows:
    (i) If the current through a 500 ohms (and greater) resistor does 
not exceed 100 mA peak-to-peak, neither a tripping device nor a 
monitoring voltage are required, or
    (ii) If the current through a 1500 ohms (and greater) resistor 
exceeds 100 mA peak-to-peak, the ringing source shall include a tripping 
device. If the tripping device meets the operating characteristics as 
specified in Figure 68.306(d) with R=500 ohms (and greater), then no 
monitoring voltage is required. If, however, the tripping device only 
meets the given operating characteristics with R=1500 ohms (and 
greater), then the ringing source must also include a monitoring voltage 
as described above, or
    (iii) If the current through a 500 ohms (and greater) resistor 
exceeds 100 mA peak-to-peak but does not exceed this value of current 
with a 1500 ohms (and greater) termination, the ringing source shall 
include either a tripping device which meets the operating 
characteristics as specified in Figure 68.306(d) with R=500 ohms (and 
greater), or a monitoring voltage.

[[Page 281]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.014


[45 FR 20854, Mar. 31, 1980, as amended at 45 FR 54342, Aug. 15, 1980; 
45 FR 61632, Sept. 17, 1980; 47 FR 39686, Sept. 9, 1982; 51 FR 945, Jan. 
9, 1986; 51 FR 16689, May 6, 1986; 60 FR 54814, 54815, Oct. 26, 1995]

[[Page 282]]



Sec. 68.308  Signal power limitations.

    (a) General. Limitation on signal power shall be met at the 
interface for all 2-wire network ports, tip and ring conductors to PSDS 
Types II and III, and, where applicable to services, both transmit and 
receive pairs of all 4-wire network ports. Signal power measurements 
will be made using terminations as specified in each of the following 
limitations. The transmit and receive pairs of 4-wire network ports 
shall be measured with the pair not under test connected to a 
termination equivalent to that specified for the pair under test. 
Through-gain limitations apply only in the direction of transmission to 
the network.
    (b) Voice band metallic signal power--(1) Limitations at the 
interface on internal signal sources not intended for network control 
signaling.
    (i) For registered terminal equipment or registered protective 
circuitry, connected to interfaces associated with services contained in 
Sec. 68.2(a) (1), (2), and (7), other than data equipment or data 
protective circuitry which is registered in accordance with 
Sec. 68.308(b)(4), the maximum power of other than live voice signals 
delivered to a loop simulator circuit shall not exceed-9dB with respect 
to one milliwatt, when averaged over any 3-second interval. No 
manufacturing tolerance is allowed which would permit this power to be 
exceeded by any unit of equipment.
    (ii) For tie trunk type interfaces, the maximum power of other than 
live voice signals delivered to a 600 ohm termination shall not exceed 
the following:

  Maximum Power With Respect to One Milliwatt When Averaged Over Any 3-
                             Second Interval

                                                                        
------------------------------------------------------------------------
             2-wire                 4-wire Lossless     4-wire CTS (b)  
------------------------------------------------------------------------
-15 dB(a).......................  -15 dB(a).........  -19 dB, nom.      
------------------------------------------------------------------------
Notes: (a) The maximum signal power may be exceeded by as much as 1.0 dB
  by a single unit of equipment or circuitry, provided that the power   
  averaged over all units of production, complies with the specified    
  limitations.                                                          
(b) The 4-Wire CTS shall meet the requirements for Tie Trunk            
  Transmission Interfaces as defined in Sec.  68.3.                     

    (iii) For OPS lines, the maximum power of other than live voice 
signals delivered to an OPS line simulator circuit shall not exceed -13 
dB with respect to one milliwatt, when averaged over any 3-second 
interval.
    (iv) For AIOD channels, the maximum signal power delivered to an 
AIOD data channel simulator circuit in each of the following operating 
states shall not exceed -4 dB with respect to one milliwatt averaged 
over any 3-second time interval:

                                                                        
------------------------------------------------------------------------
                                                               AIOD tip 
                   Simulator circuit  \1\                      and ring 
                                                                  \2\   
------------------------------------------------------------------------
1...........................................................  -42.5-56.5
2...........................................................           0
3...........................................................           0
------------------------------------------------------------------------
\1\ Operating state of simulator circuit.                               
\2\ Remote terminal equipment open circuit DC volts to ground on AIOD   
  tip and ring.                                                         
                                                                        
The maximum signal power may exceed -4 dB with respect to one milliwatt 
  by as much as 1.0 dB provided that the power averaged over all units  
  of the equipment complies with the specified maximum.                 
                                                                        
Note: The maximum signal power may be exceeded by as much as 1.0 dB by a
  single unit of equipment or circuitry, provided that the power,       
  averaged overall units of production, complies with the specified     
  limitations.                                                          

    (v) For registered test equipment or registered test circuitry the 
maximum signal power delivered to a loop simulator circuit shall not 
exceed 0 dBm when averaged over any 3-second interval. No manufacturing 
tolerance is allowed which would permit this power to be exceeded by any 
unit of equipment.
    (vi) For voiceband private lines using ringdown or inband signaling 
the maximum power of other than live voice signals delivered to a 600 
ohm termination shall not exceed -13dBm when averaged over any 3-second 
interval.
    (vii) For voiceband private lines using inband signaling in the band 
2600150 Hz, the maximum power delivered to a 600-ohm 
termination shall not exceed -8 dBm during the signaling mode. The 
maximum power delivered to a 600 Ohm termination in the on-hook steady 
state supervisory condition shall not exceed -20 dBm. The maximum power 
of other than live voice signals delivered to a 600-ohm termination 
during the non-signaling mode and for other inband systems shall not 
exceed -13dBm when averaged over any 3-second interval. The maximum 
signal power may be exceeded by as much as 1.0 dB by a single unit of 
equipment or circuitry, provided that the power averaged over all

[[Page 283]]

units of production complies with the specified limitation.
    (viii) For PSDS (Types I, II and III) terminal equipment when in the 
digital mode of transmission, the maximum equivalent power of any 
encoded analog signal (other than live voice) shall not exceed -12dBm 
when averaged over any 3-second interval. The equivalent analog power 
shall be derived by a zero-level decoder at the network interface to 
PSDS (Type II or III) facilities.
    (2) Limitations on internal signal sources primarily intended for 
network control signaling, contained in voice and data equipment.
    (i) For all operating conditions of registered terminal equipment 
and registered protective circuitry, the maximum power delivered to a 
loop simulator circuit shall not exceed one milliwatt when averaged over 
any 3-second interval.
    (ii) For tie trunk applications, the maximum power delivered to a 
600 ohm termination for registered terminal equipment and registered 
protective circuitry under all operating conditions shall not exceed the 
following:

 Maximum Power With Respect to One Milliwatt, When Averaged Over Any 3-
                             Second Interval

                                                                        
------------------------------------------------------------------------
             2-wire                 4-wire Lossless       4-wire CTS    
------------------------------------------------------------------------
-4 dB...........................  -4 dB.............  -8 dB, nom.       
------------------------------------------------------------------------

    (iii) For PSDS (Types I, II and III) terminal equipment, when in the 
digital mode of transmission, the maximum equivalent power of any 
encoded analog signal shall not exceed -3dBm when averaged over any 3-
second time interval. The equivalent analog signal shall be derived by a 
zero-level decoder located at the network interface to PSDS (Type II or 
III) facilities.
    (3) Registered one port and multiport terminal equipment and 
protective circuitry with provision for through transmission from other 
terminal equipment, excluding data equipment and data protective 
circuitry which are registered in accordance with Sec. 68.308(b)(4).
    (i) Where through-transmission equipment provides a dc electrical 
signal to equipment connected therewith (e.g., for powering of electro-
acoustic transducers), dc conditions shall be provided which fall within 
the range of conditions provided by a loop simulator circuit unless the 
combination of the through-transmission equipment and equipment 
connected therewith is registered as a combination which conforms to 
Sec. 68.308(b) (1) and (2).
    (ii) Through-transmission equipment to which remotely connected data 
terminal equipment may be connected shall not be equipped with or 
connected to either a Universal or Programmed Data Jack used in data 
configurations. (See Secs. 68.308(b)(4) and 68.502(e)).
    (4) Limitations on registered data terminal equipment and registered 
one-port protective circuitry with provision for through-transmission 
from data equipment. When such equipment or circuitry is used for the 
transmission of data signals to the telephone network, it shall assure 
in all operating conditions, other than network control signaling (see 
Sec. 68.308(b)(2) of this section), that one of the following 
limitations is met, depending upon the means of connection of the 
equipment or circuitry to the telephone network. The transmitted signal 
power, averaged over any 3-second time interval, delivered to a loop 
simulator circuit, shall not exceed:
    (i) A maximum level adjustable to no greater than -4 dB with respect 
to one milliwatt, for connection to a Universal Data Jack used in the 
``fixed loss loop'' configurations of Sec. 68.502(e).
    (ii) A maximum level determined by means of connections in the 
Programmed Data Jack or Universal Data Jack, used in the ``programmed'' 
configurations of Sec. 68.502(e), which level can be programmed in 1 dB 
steps from -12 dB to 0 dB with respect to one milliwatt by means of 
programming connections made within the jack.
    (iii) A nonadjustable level no greater than -9 dB with respect to 
one miliwatt for connection by means other than those which implement 
the limitations in paragraphs (b)(4)(i) and (ii) of this section. 
Equipment or circuitry designed in accordance with this -9 dBm 
limitation shall be treated as non-live voice equipment within these 
rules.

The maximum signal power specified in (paragraphs (b)(4) (i) and (ii) of 
this

[[Page 284]]

section may be exceeded by as much as 1.0 dB by a single unit of 
equipment or circuitry, provided that the power averaged over all units 
of production, complies with the specified limitations. The maximum 
signal power specified in paragraphs (b)(4)(iii) of this section may not 
be exceeded by any units of production.
    (5) Registered one port and multiport terminal equipment and 
protective circuitry with provision for through-transmission from ports 
to other equipment which is separately registered for the public 
switched network, or ports to other network interfaces.
    (i) Registered terminal equipment and registered protectives 
circuitry shall have no adjustments that will allow net amplification to 
occur in either direction of transmission in the through-transmission 
path within the freguency range of 200 to 4000 Hertz that will exceed 
the following:

[[Page 285]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.015



[[Page 286]]

    (A) The source impedance for all measurements shall be 600 ohms. All 
ports shall be terminated in appropriate loop or private line channel 
simulator circuits or 600 ohm terminations. The numerical ``avg.'' and 
``max.'' requirements mean that the net gain for each type of connection 
through such equipment or circuitry shall be designed not to exceed the 
average gain for such paths in all units; however, the gain for any path 
of any single unit may exceed the average by as much as the maximum 
provided that the net gain, averaged over such paths in all units of 
production, is no greater than the average. The term ``nom.'' allows for 
variations encountered in conventional terminating set losses as defined 
in Sec. 68.3.
    (B) These ports are for 2-wire on-premises station ports to 
separately registered terminal equipment.
    (C) The 4-Wire CTS shall meet the requirements for Tie Trunk 
Transmission Interfaces as defined in Sec. 68.3.
    (D) These through gain limitations are applicable to multiport 
systems where channels are not derived by time or frequency compression 
methods. Terminal equipment employing such compression techniques shall 
assure that equivalent compensation for through gain parameters is 
demonstrated in the registration application.
    (E) Registered terminal equipment and registered protective 
circuitry may have net amplification exceeding the limitations of this 
subsection provided that, for each network interface type to be 
connected, the absolute signal power levels specified on this section 
are not exceeded.
    (F) The indicated gain is in the direction which results when moving 
from the horizontal entry toward the vertical entry.
    (G) Registered terminal equipment or protective circuitry with the 
capability for through-transmission from voiceband private line channels 
or voiceband metallic channels to other telephone network interfaces 
shall assure that the absolute signal power levels specified in this 
section, for each telephone network interface type to be connected, are 
not exceeded.
    (H) Registered terminal equipment or protective circuitry with the 
capability for through transmission from voiceband private line channels 
or voiceband metallic private line channels to other telephone network 
interfaces shall assure, for each telephone network interface type to be 
connected, that signals with energy in the 2450 to 2750 Hertz band are 
not through transmitted unless there is at least an equal amount of 
energy in the 800 to 2450 Hertz band within 20 milliseconds of 
application of signal.
    (ii) The insertion loss in through connection paths for any 
frequency in the 800 to 2450 Hertz band shall not exceed the loss at any 
frequency in the 2450 to 2750 Hertz band by more than 1 dB (maximum loss 
in the 800 to 2450 Hertz band minus minimum loss in the 2450 to 2750 
Hertz band plus 1 dB.
    (6) For tie trunk type interfaces--Limitation on idle circuit 
stability parameters. For idle state operating conditions of registered 
terminal equipment and registered protective circuitry, the following 
limitations shall be met:
    (i) For the two-wire interface
    [GRAPHIC] [TIFF OMITTED] TC02JN91.016
    

[[Page 287]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.017



[[Page 288]]

    (7) Registered terminal equipment and registered protective 
circuitry shall provide the following range of dc conditions to off-
premises station (OPS) lines. (i) DC voltages applied to the OPS 
interface for supervisory purposes and during network control signaling 
shall meet the limits specified in Sec. 68.306(a)(6)(i).
    (ii) DC voltages applied to the OPS interface during the talking 
state shall meet the following requirements:
    (A) The maximum open circuit voltage across the tip (T(OPS)) and 
ring (R(OPS)) leads for Classes A, B, and C shall not exceed 56.5 volts, 
and
    (B) Except for class A OPS interfaces, the maximum dc current into a 
short circuit across the tip (T(OPS)) and ring (R(OPS)) leads shall not 
exceed 140 mA, and
    (C) Except for class A OPS interfaces, the dc current into the OPS 
line simulator circuit must be at least 20 mA for the following 
conditions (see Fig. 68.3(f)):

                                 R2 + RL                                
------------------------------------------------------------------------
                       Condition                        Class B  Class C
------------------------------------------------------------------------
1.....................................................      600     1300
2.....................................................     1800     2500
------------------------------------------------------------------------

    (8) For Message Registration the requirements of Sec. 68.308(b) do 
not apply.
    (9) For connections to 1.544 Mbps digital services, the permissible 
code words for unequipped Mu-255 encoded subrate channels are limited to 
those corresponding to signals of either polarity, of magnitude equal to 
or less than X48, where code word, XN is derived by:

                            XN=(255-N) base 2

                           -XN=(127-N) base 2

    (c) Signal power in the 3995-4005 Hz frequency band--(1) Power 
resulting from internal signal sources contained in registered 
protective circuitry and registered terminal equipment (voice and data), 
not intended for network control signaling. For all operating conditions 
of registered terminal equipment and registered protective circuitry 
which incorporate signal sources other than sources intended for network 
control signaling, the maximum power delivered by such sources in the 
3995-4005 Hertz band to an appropriate simulator circuit, shall be 18 dB 
below maximum permitted power specified in paragraph (b) of this 
section, for the 200-4000 Hertz band.
    (2) Terminal equipment with provision for through-transmission from 
other equipments. The loss in any through transmission path of 
registered terminal equipment and registered protective circuitry at any 
frequency in the 600 to 4000 Hertz band shall not exceed, by more than 3 
dB, the loss at any frequency in the 3995 to 4005 Hertz band, when 
measured into an appropriate simulator circuit from a source which 
appears as 600 ohms across tip and ring.
    (3) For Message Registration the requirements of Sec. 68.308(c) do 
not apply.
    (d) Longitudinal voltage at frequencies below 4 kHz. The weighted 
root-mean-squared voltage* averaged over 100 milliseconds that is the 
resultant of all of the component longitudinal voltages in the 100 Hz to 
4 kHz band after weighting according to the curve of Figure 68.308(a), 
shall not exceed the maximum indicated under the conditions stated in 
paragraph (g). The weighting curve in Figure 68.308(a) has an absolute 
gain of unity at 4 kHz.
---------------------------------------------------------------------------

    * Note: Average magnitudes may be used for signals that have peak-
to-RMS ratios of 20 dB and less. RMS limitations must be used instead of 
average values if the peak-to-RMS ratio of the interfering signal 
exceeds this value.

                                                                        
------------------------------------------------------------------------
                                       Maximum RMS                      
          Frequency range                voltage           Impedance    
------------------------------------------------------------------------
100 Hz to 4 kHz...................  -30 dBV            500 ohms         
------------------------------------------------------------------------

    (e) Voltage in the 4 kHz to 6 MHz frequency range--general case--2-
wire and 4-wire lossless interface--4-wire CTS interface (except LADC). 
Except as noted, the root-mean-squared (RMS) voltage as averaged over 
100 milliseconds at the telephone connections of registered terminal 
equipment and registered protective circuitry in all of the possible 8 
kHz bands within the indicated frequency range and under the conditions 
specified in paragraph (g) shall not exceed the maximum indicated below. 
For (1)(i) and (2)(i) below, ``f'' is the center frequency in kHz of 
each of the possible 8 kHz bands beginning at 8 kHz.

[[Page 289]]

    (1) Metallic voltage--(i) 4 kHz to 270 kHz.

                                                                        
------------------------------------------------------------------------
                                                              Metallic  
Center frequency (f) of 8 kHz   Max voltage in all 8 kHz    terminating 
             band                         bands              impedance  
------------------------------------------------------------------------
8 kHz to 12 kHz..............  -(6.4+12.6 logf) dBV        300 ohms     
12 kHz to 90 kHz.............  (23-40 logf) dBV            135 ohms     
90 kHz to 266 kHz............  -55 dBV                     135 ohms     
------------------------------------------------------------------------

    (ii) 270 kHz to 6 MHz. The RMS value of the metallic voltage 
components in the frequency range of 270 kHz to 6 MHz shall, averaged 
over 2 microseconds, not exceed -15 dBV. This limitation applies with a 
metallic termination having an impedance of 135 ohms.
    (2) Longitudinal voltage--(i) 4 kHz to 270 kHz.

                                                                        
------------------------------------------------------------------------
                                                            Longitudinal
Center frequency (f) of 8 kHz   Max voltage in all 8 kHz    terminating 
             band                         bands              impedance  
------------------------------------------------------------------------
8 kHz to 12 kHz..............  -(18.4+20 logf) dBV         500 ohms     
12 kHz to 42 kHz.............  (3-40 logf) dBV             90 ohms      
42 kHz to 266 kHz............  -62 dBV                     90 ohms      
------------------------------------------------------------------------

    (ii) 270 kHz to 6 MHz. The RMS value of the longitudinal voltage 
components in the frequency range of 270 kHz to 6 MHz shall, not exceed 
-30 dBV. This limitation applies with a longitudinal termination having 
an impedance of 90 ohms.
    (f) LADC interface. The metallic voltage shall comply with the 
general requirements in (1) below as well as the additional requirements 
specified in (2) and (3) as stated. The requirements apply under the 
conditions specified in paragraph (g). Terminal equipment for which the 
magnitude of the source and/or terminating impedance exceeds 300 ohms, 
at any frequency in the range of 100 kHz to 6 MHz, at which the signal 
(transmitted and/or received) has significant power, shall be deemed not 
to comply with these requirements. A signal is considered to have 
``significant power'' at a given frequency if that frequency is 
contained in a designated set of frequency bands which collectively have 
the property that the RMS voltage of the signal components in those 
bands is at least 90% of the RMS voltage of the total signal. The 
designated set of frequency bands must be used in testing all 
frequencies.
    (1) Metallic voltages--frequencies below 4 kHz--(i) Weighted RMS 
Voltage in the 10 Hz to 4 kHz Frequency Band. The weighted root-mean-
square (rms) metallic voltage averaged over 100 milliseconds, frequency 
components weighted according to the curve in Figure 68.308(a), shall 
not exceed the maximum indicated below. The weighting curve in Figure 
68.308(a) has an absolute gain of unity at 4 kHz.

                                                                        
------------------------------------------------------------------------
               Frequency range                      Maximum voltage     
------------------------------------------------------------------------
10 Hz to 4 kHz..............................  +3 dBV                    
------------------------------------------------------------------------

    (ii) RMS voltage in 100 Hz bands in the frequency range 0.7 kHz to 4 
kHz. The root-mean-squared (rms) metallic voltage averaged over 100 
milliseconds in the 100-Hz bands having center frequencies between 750 
Hz and 3950 Hz shall not exceed the maximum indicated below.

                                                                        
------------------------------------------------------------------------
    Center frequency (f) of 100-Hz bands            Maximum voltage     
------------------------------------------------------------------------
750 to 3950 Hz..............................  -6 dBV                    
------------------------------------------------------------------------

    (2) Metallic voltages--frequencies above 4 kHz--LADC interface--(i) 
100 Hz Bands over frequency range of 4 kHz to 270 kHz. The root-mean-
square (rms) voltage as averaged over 100 milliseconds in all possible 
100 Hz bands between 4 kHz and 270 kHz for the indicated range of center 
frequencies and under the conditions specified in paragraph (g) shall 
not exceed the maximum indicated below:

                                                                        
------------------------------------------------------------------------
                                          Maximum voltage in all 100 Hz 
 Center frequency (f) of 100 Hz bands                 bands             
------------------------------------------------------------------------
4.05 kHz to 4.60 kHz..................  0.5 dBV                         
4.60 kHz to 5.45 kHz..................  (59.2-90 log f)dBV              
5.45 kHz to 59.12 kHz.................  (7.6-20 log f)dBV               
59.12 kHz to 266.00 kHz...............  (43.1-40 log f)dBV              
                                                                        
------------------------------------------------------------------------

    Where f=center frequency in kHz of each of the possible 100 Hz 
bands.

    (ii) 8 kHz bands over frequency range of 4 kHz to 270 kHz. The root-
mean-square (rms) voltage as average over 100-milliseconds in all of the 
possible 8 kHz bands between 4 kHz and 270 kHz for

[[Page 290]]

the indicated range of center frequencies and under the conditions 
specified in paragraph (g) shall not exceed the maximum indicated below:

                                                                        
------------------------------------------------------------------------
                                          Maximum voltage in all 8 kHz  
  Center frequency of (f) 8 kHz bands                 bands             
------------------------------------------------------------------------
8 kHz to 120 kHz......................  (17.6-20 log f)dBV              
120 kHz to 266 kHz....................  (59.2-40 log f)dBV              
                                                                        
------------------------------------------------------------------------

    Where f=center frequency in kHz of each of the possible 8 kHz bands.

    (iii) RMS voltage at frequencies above 270 kHz. The root-mean-square 
(rms) value of the metallic voltage components in the frequency range of 
270 kHz to 6 mHz shall, averaged over 2 microseconds, not exceed -15 
dBV. This limitation applies with a metallic termination having an 
impedance of 135 ohms.
    (iv) Peak voltage. The total peak voltage for all frequency 
components in the 4 kHz to 6 MHz shall not exceed 4.0 volts.
    (3) Longitudinal voltage--(i) Frequencies below 4 kHz. With the 
frequency components weighted in accordance with the curve in Figure 
68.308(a), the weighted root-mean-square voltage of all frequency 
components, in the frequency band from 10 Hz to 4 kHz, averaged over 100 
milliseconds, shall not exceed the maximum indicated below under the 
conditions stated in paragraph (g). The weighting curve in Figure 
68.308(a) has an absolute gain of unity at 4 kHz.

                                                                        
------------------------------------------------------------------------
              Frequency range                      Max RMS voltage      
------------------------------------------------------------------------
10 Hz-4kHz.................................  -37 dBV                    
------------------------------------------------------------------------

    (ii) 4 kHz to 270 kHz

                                                                        
------------------------------------------------------------------------
                                                            Longitudinal
Center frequency (f) of 8 kHz   Max voltage in all 8 kHz    terminating 
             band                         bands              impedance  
------------------------------------------------------------------------
8 kHz to 12 kHz..............  -(18.4+20logf) dBV          500 ohms     
12 kHz to 42 kHz.............  (3-40logf) dBV              90 ohms      
42 kHz to 266 kHz............  -62 dBV                     90 ohms      
                                                                        
------------------------------------------------------------------------

    Where f= center frequency in kHz of each of the possible 8 kHz 
bands.

    (iii) 270 kHz to 6 MHz. The root-mean-square (RMS) value of the 
longitudinal voltage components in the frequency range of 270 kHz to 6 
MHz shall, averaged over 2 microseconds, not exceed -30 dBV. This 
limitation applies with a longitudinal termination having an impedance 
of 90 ohms.
    (g) Requirements in paragraphs (d), (e) and (f) apply under the 
following conditions:
    (1) All registered terminal equipment, except equipment to be used 
on LADC, and all registered protective circuitry must comply with the 
limitations when connected to a termination equivalent to the circuit 
depicted in Figure 68.308(b) and when placed in all operating states of 
the equipment except during network control signaling. For message 
registration in the ground return mode, a termination equivalent to 
Figure 68.308(c) is required, and metallic voltage limitations do not 
apply. LADC registered terminal equipment must comply with the metallic 
voltage limitations when connected to the circuits of Figure 68.3(k) and 
must comply with the longitudinal limitations when connected to the 
circuits of Figure 68.308(b), as indicated.
    (2) All registered terminal equipment and registered protective 
circuitry must comply with the limitations in the offhook state over the 
range of loop current that would flow with the equipment connected to an 
appropriate loop simulator circuit.
    (3) Registered terminal equipment and registered protective 
circuitry with provision for through-transmission from other equipments 
shall comply with the limitations with a 1000 Hz tone applied from a 
600-ohm source (or, if appropriate, a source which reflects a 600-ohm 
impedance across tip and ring) at the maximum level that would be 
applied during normal operation. Registered protective circuitry for 
data shall also comply with the tone level 10 dB higher than that 
expected during normal operation.
    (4) Voice terminal equipment containing electroacoustic transducers 
for live voice input, including recording devices, shall comply with the 
limitations with a 1000 Hz acoustic signal applied to the 
electroacoustic transducers that results in a power delivered into a 600 
ohm load impedance of -13 dB with respect to one milliwatt for the 2-
wire and 4-wire lossless interfaces

[[Page 291]]

and -19 dB with respect to one milliwatt for the 4-wire CTS interface.
    (5) Except during the transmission of ringing (Sec. 68.306(d)) and 
Dual Tone Multifrequency (DTMF) signals, LADC registered terminal 
equipment shall comply with all requirements in all operating states and 
with loop current which may be drawn for such purposes as loop back 
signaling. The requirements in Sec. 68.308(f)(1) except in paragraphs 
(i) and (ii) also apply during the application of ringing. The 
requirement in Sec. 68.308(d)(2) and the requirements in 
Sec. 68.308(f)(1) (i) and (ii) apply during ringing for frequencies 
above 300 Hz and with the maximum voltage limits raised by 10 dB. DTMF 
signals which are used for the transmission of alphanumeric information 
and which comply with the requirements in Sec. 68.308(f)(1)((i) and in 
Sec. 68.308(f)(2) or (3) as applicable, shall be deemed to comply with 
the requirements in Sec. 68.308(f)(1)(ii) provided that, for 
automatically originated DTMF signals, the duty cycle is less than 50 
percent.
    (6) LADC registered terminal equipment shall comply with all 
applicable requirements, except those specified in Sec. 68.308(f)(1) (i) 
and (ii), during the transmission of each possible data signal sequence 
of any length. For compliance with Sec. 68.308(f)(3)(i), the limitation 
applies to the rms voltage averaged as follows:
    (i) For digital signals, baseband or modulated on a carrier, for 
which there are defined signal element intervals, the rms voltage is 
averaged over each such interval. Where multiple carriers are involved, 
the voltage is the power sum of the rms voltages for the signal element 
intervals for each carrier.
    (ii) For baseband analog signals, the rms voltage is averaged over 
each period (cycle) of the highest frequency of the signal (3 dB point 
on the spectrum). For analog signals which are modulated on a carrier 
(whether or not the carrier is suppressed), it is averaged over each 
period (cycle) of the carrier. Where multiple carriers are involved, the 
voltage is the power sum of the rms voltage of each carrier.
    (iii) For signals other than the types defined in paragraphs (g)(6) 
(i) and (ii) of this section, the peak amplitude of the signal must not 
exceed +1 dBV.
    (7) Equipment shall comply with the requirements in 
Sec. 68.308(f)(1) (i) and (ii) during any data sequence which may be 
transmitted during normal use with a probability greater than 0.001. If 
the sequences transmitted by an equipment are application dependent, the 
user instruction material shall include a statement of any limitations 
assumed in demonstrating compliance of the equipment.
    (8) In addition to the conditions specified in paragraph (g)(5) of 
this section, LADC registered terminal equipment which operates in one 
or more modes as a receiver shall comply with requirements in 
Sec. 68.308(f)(3) with a tone at all frequencies in the range of 
potential received signals and at the maximum power which may be 
received.
    (h) Interference limitations for transmission of bipolar signals 
over digital services--(1) Limitations on Terminal Equipment Connecting 
to Subrate Digital Services--(i) Pulse repetition rate. The pulse 
repetition rate shall be synchronous with 2.4, 4.8, 9.6 or 56.0 kilobits 
per second.
    (ii) Template for maximum output pulse. When applied to a 135 ohm 
resistor, the instantaneous amplitude of the largest isolated output 
pulse obtainable from the registered terminal equipment shall not exceed 
by more than 10% the instantaneous voltage defined by a template 
obtained as follows: The limiting pulse template shall be determined by 
passing an ideal 50% duty cycle rectangular pulse with the amplitude/
pulse rate characteristics defined in table I through a single real pole 
low pass filter having a cutoff frequency in Hertz equal to 1.3 times 
the bit rate. For bit rates of 2.4, 4.8 and 9.6 kbps, the filtered 
pulses shall also be passed through a filter providing the additional 
attenuation in table II.

                    Table I--Driving Pulse Amplitude                    
------------------------------------------------------------------------
                                                              Amplitude 
                   Pulse rate (R) (kbps)                     (A) (volts)
------------------------------------------------------------------------
2.4........................................................         1.66
4.8........................................................         1.66
9.6........................................................         0.83
56.0.......................................................         1.66

[[Page 292]]

                                                                        
------------------------------------------------------------------------



                Table II--Minimum Additional Attenuation                
------------------------------------------------------------------------
                                                 Frequency    Frequency 
             Pulse rate (R) (kbps)               band 24 to   band 72 to
                                                32 kHz (dB)  80 kHz (dB)
------------------------------------------------------------------------
2.4...........................................            5            1
4.8...........................................           13            9
9.6...........................................           17            8
------------------------------------------------------------------------

    The attenuation indicated may be reduced at any frequency within the 
band by the weighting curve of Figure 68.308(d). Minimum rejection is 
never less than 0 dB; i.e., the weight does not justify gain over the 
system without added attenuation.

    (iii) Average power. The average output power when a random signal 
sequence, (0) or (1) equiprobable in each pulse interval, is being 
produced as measured across a 135 ohm resistance shall not exceed 0 dBm 
for 9.6 kbps or +6 dBm for 2.4 kbps, 4.8 kbps and 56 kbps.
    (iv) Encoded analog content. If registered terminal equipment 
connecting to subrate services contains an analog-to-digital converter, 
or generates signals directly in digital form which are intended for 
eventual conversion into voiceband analog signals, the encoded analog 
content of the digital signal must be limited. The maximum equivalent 
power of encoded analog signals for other than live voice as derived by 
a zero level decoder test configuration shall not exceed -12 dBm when 
averaged over any 3-second time interval. The maximum equivalent power 
of encoded analog signals as derived by a zero level decoder test 
configuration for signals intended for network control signaling shall 
not exceed -3 dBm when averaged over any 3-second interval.
    (2) Limitations on Terminal Equipment Connecting to 1.544 Mbps 
Digital Services and ISDN PRA Services--
    (i) Pulse repetition rate. The pulse repetition rate shall be within 
plus-minus 75 pulses per second of 1.544 x 106 
pulses per second.
    (ii) Output pulse templates. The registered terminal equipment shall 
be capable of optionally delivering three sizes of output pulses. The 
output pulse option shall be selectable at the time of installation.

                                Table III                               
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
Pulse Height (volts)......................  2.4 to 3.6.                 
Pulse Width (half amplitude) (nsec).......  324 +/-45.                  
Maximum rise or fall time; from 10% to 90%  100.                        
 points (nsec).                                                         
------------------------------------------------------------------------

    (A) Option A output pulse. When applied to a 100 ohm resistor, the 
instantaneous amplitude of the largest output pulse obtainable from the 
registered terminal equipment shall fall within the pulse template 
defined in table III.
    (B) Option B output pulse. When applied to a 100 ohm resistor, the 
instantaneous amplitude of the output from the registered terminal 
equipment obtained when Option B is implemented shall fall within the 
pulse template obtained by passing the bounding pulses permitted by 
table III through the following transfer function.
[GRAPHIC] [TIFF OMITTED] TC13NO91.006

where:
n0=1.6049 x 106
n1=7.9861 x 10-1
n2=9.2404 x 10-8
d0=2.1612 x 106
d1=1.7223
d2=4.575 x 10-7
d3=3.8307 x 10 -14
S=j2 f
f=frequency (Hertz)

    (C) Option C output pulse. When applied to a 100 ohm resistor, the 
instantaneous amplitude of the output from the registered terminal 
equipment obtained when Option C is implemented shall fall within the 
pulse template obtained by passing the pulses obtained in Option B 
through the transfer function in Option B a second time.
    (iii) Adjustment of signal voltage. The signal voltage at the 
network interface must be limited so that the range of pulse amplitudes 
received at the first Telephone Company repeater is controlled to 
4dB. This limitation is achieved by implementing the 
appropriate output pulse option as a function of Telephone Company cable 
loss as specified at time of installation.

                                                                        
------------------------------------------------------------------------
                                               Terminal equipment       
                                      ----------------------------------
      Cable loss at 772 kHz (dB)                             Loss at 772
                                           Output pulse          kHz    
------------------------------------------------------------------------
15 to 22.............................  Option A...........           0  

[[Page 293]]

                                                                        
7.5 to 15............................  Option B...........           7.5
0 to 7.5.............................  Option C...........          15.0
------------------------------------------------------------------------

    (iv) Output power. The output power in a 3 kHz band about 772 kHz 
when an all ones signal sequence is being produced as measured across a 
100 Ohm terminating resistance shall be within the following limits:

                                                                        
------------------------------------------------------------------------
                                                          Power in 3 kHz
                   Output pulse option                    band about 772
                                                             kHz (dBm)  
------------------------------------------------------------------------
  A.....................................................        12 to 19
  B.....................................................     4.5 to 11.5
  C.....................................................       -3 to + 4
------------------------------------------------------------------------


The power in a 3 kHz band about 1.544 Mhz shall be at least 25dB below 
that in a 3 kHz band about 772 kHz.

    (v) Encoded analog content. If registered terminal equipment 
connected to 1.544 Mbps digital service or to ISDN PRA service contains 
an analog-to-digital converter, or generates signals in digital form 
which are intended for eventual conversion to voiceband analog signals, 
the encoded analog content of the subrate channels of the ISDN 
information bearing channels within the 1.544 Mbps signal must be 
limited. The maximum equivalent power of encoded analog signals for 
other than live voice that are not intended for network control 
signaling as derived by a zero level decoder test configuration shall 
not exceed -12 dBm when averaged over any 3-second time interval. The 
maximum equivalent power of encoded analog signals as derived by a zero 
level decoder test configuration for signals intended for network 
control signaling shall not exceed -3 dBm when averaged over any 3-
second interval.
    (3) PSDS Types II and III Maximum Output Pulse Templates. For PSDS 
(Type II) the pulse repetition rate shall be a maximum of 144,000 pulses 
per second +/-5 pulses per second; for PSDS (Type III) the pulse 
repetition rate shall be a maximum of 160,000 pulses per +/-5 pulses per 
second.
    (i) Template for maximum output pulse. When applied to a 135 ohm 
resistor the instantaneous amplitude of the largest isolated output 
pulse obtainable from the registered terminal equipment shall fall 
within the template of table IV(A) for PSDS Type II or table IV(B) for 
PSDS Type III. The limiting pulse template shall be defined by passing 
an ideal 50% duty cycle rectangular pulse within he amplitude/pulse rate 
characteristics of table IV(A) or table IV(B) through a 1-pole low-pass 
filter with a 3dB frequency of 260 kHz.
    (ii) Below is the template for maximum output pulse:

                                                                                                                
----------------------------------------------------------------------------------------------------------------
          Pulse characteristics                            Table IV(A)                         Table IV(B)      
----------------------------------------------------------------------------------------------------------------
Pulse Height +/-5%......................  2.6 volts +/-5%.............................  2.4. volts              
Pulse Width--100ns......................  3472.2 +/-150ns.............................  3125 +/-.               
Max Rise or Fall Time--microsecond......   100ns......................................  1.2.                    
    (From 10% to 90% points) microsecond  ............................................  +/- 0.2.                
----------------------------------------------------------------------------------------------------------------


[[Page 294]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.018


[[Page 295]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.019


[[Page 296]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.020


[[Page 297]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.021

    (4) Limitations on Terminal Equipment Connected to ISDN BRA. If 
registered terminal equipment connecting to ISDN BRA services contains a 
digital-to-analog converter, or generates signals directly in digital 
form, which are intended for eventual conversion into voiceband analog 
signals, the encoded

[[Page 298]]

analog content of the digital signal must be limited. The maximum 
equivalent power of the encoded analog signals, other than live voice as 
derived from a zero-level-decoder test configuration, shall not exceed -
12 dBm when averaged over a three second interval. The maximum 
equivalent power of encoded analog signals, as derived by a zero-level 
decoder test configuration, for network control signaling, shall not 
exceed -3 dBm when averaged over any three-second interval.

[45 FR 20853, Mar. 31, 1980, as amended at 46 FR 40192, Aug. 7, 1981; 47 
FR 10219, Mar. 10, 1982; 47 FR 39687, Sept. 9, 1982; 49 FR 48721, Dec. 
14, 1984; 50 FR 48210, Nov. 22, 1985; 51 FR 945, Jan. 9, 1986; 51 FR 
16689, May 6, 1986; 61 FR 42392, Aug. 15, 1996; 62 FR 9989, Mar. 5, 
1997]



Sec. 68.310  Longitudinal balance limitations.

    (a) Technical description and application. The metallic-to-
longitudinal balance coefficient, BALANCEm-1, is expressed 
as:
[GRAPHIC] [TIFF OMITTED] TC13NO91.007

where eL is the longitudinal voltage produced across a 500-
ohm longitudinal termination and eM is the metallic voltage 
across the tip-ring or tip 1 and ring 1 interface of the input port when 
a voltage (at any frequency 200< f<4000 Hertz) is applied from a 
balanced 600-ohm metallic source. The source voltage should be set such 
that eM=0.775 volts rms (0dBm) when a 600 ohm termination is 
substituted for the terminal equipment. The minimum balance coefficient 
specified in this section (as appropriate) shall be equalled or exceeded 
for all 2-wire network ports, OPS line ports and the transmit pair (tip 
and ring) and receive pair (tip 1 and ring 1) of all 4-wire network 
ports at all values of dc loop current that the port under test is 
capable of drawing when attached to the appropriate loop simulator 
circuit (see Sec. 68.3). An illustrative test circuit that satisfies the 
above conditions is shown in Figure 68.310(a); other means may be used 
to determine the balance coefficient specified herein, provided that 
adequate documentation of the appropriateness, precision, and accuracy 
of the alternative means is provided by the applicant. The minimum 
balance requirements specified below shall be equalled or exceeded under 
all reasonable conditions of the application of earth ground to the 
equipment or protective circuitry under test:

                                                                        
------------------------------------------------------------------------
                                                   Minimum    Frequency 
        Paragraph             Equipment state      balance      range   
------------------------------------------------------------------------
(b).....................  On-hook...............         60     200-1000
                          On-hook...............         40    1000-4000
                          Off-hook..............         40     200-4000
(c).....................  On-hook...............         60     200-1000
                          On-hook...............         40    1000-4000
                          Off-hook..............         40     200-4000
(d).....................  Off-hook..............         40     200-4000
(e).....................  On-hook...............         60     200-1000
Voice Equipment.........  On-hook...............         40    1000-4000
                          Off-hook..............         40     200-4000
(e).....................  On-hook...............         60     200-1000
Data Equipment..........  On-hook...............         40    1000-4000
                          Off-hook..............         40     200-4000
(f).....................  Off-hook..............         40     200-4000
(g).....................  On-hook...............         60     200-1000
                          On-hook...............         40    1000-4000
                          Off-hook..............         40     200-4000
(h).....................  Off-hook..............         40     200-1000
(i).....................  On-hook...............         60     200-1000
                          On-hook...............         40    1000-4000
                          Off-hook..............         40     200-4000
(j).....................  Off-hook..............         40     200-4000
------------------------------------------------------------------------


    (b) Registered one-port terminal equipment for 2-wire non-data 
applications with loop start, ringdown, inband signaling or voiceband 
metallic channels. The one-port shall be driven from a 600-ohm metallic 
source having a 500-ohm longtitudinal impedance.
    (c) Registered one-port terminal equipment for 2-wire data 
applications with loop start, ringdown, inband signaling or voiceband 
metallic channels. The one-port shall be driven from a 600-ohm metallic 
source having a 500-ohm longitudinal impedance.
    (d) Registered one-port equipment for ground-start and reverse-
battery applications. The one-port shall be driven from a 600-ohm 
metallic source having a 500-ohm longitudinal impedance.
    (e) Registered protective circuitry for 2-wire applications with 
loop start, ringdown, inband signaling or voiceband metallic channels. 
These criteria shall be met with either terminal of the interface to 
other equipment connected to earth ground. The interface to other 
equipment shall be terminated in an impedance which will be reflected to 
the telephone connection as 600-ohms in the off-hook state of the 
registered protective circuit, and the interface should not be 
terminated in the on-hook state. Figure 68.310(e) shows the interface of 
the protective circuitry being tested and the required arrangement at 
the interface to other equipment.

[[Page 299]]

    (f) Registered protective circuitry for ground-start and reverse-
battery applications. These criteria shall be met with either terminal 
of the interface to other equipment connected to earth ground. The 
interface to other equipment shall be terminated in an impedance which 
will be reflected to the telephone connection as 600-ohms in the off-
hook state of the protective circuit. Figure 68.310(e) shows the 
interface of the protective circuitry under test and the required 
arrangement at the interface to the other equipment.
    (g) Registered multi-port equipment for loop-start applications. 
These criteria shall be satisfied for all ports when the ports are 
terminated in their appropriate networks, as will be identified below, 
and when interface connections other than the ports are terminated in 
circuits appropriate to that interface. The minimum balance coefficients 
shall also be satisfied for all values of dc loop current that the 
registered equipment is capable of drawing through each of its ports 
when these ports are attached to the loop simulator circuit specified in 
these rules. The port under test shall be driven from a 600-ohm metallic 
source having a 500-ohm longitudinal impedance. The termination for all 
ports other than the particular one whose balance coefficient is being 
measured shall have a metallic impedance of 600 ohms and a longitudinal 
impedance of 500 ohms. Figure 68.310(g) shows this termination.
    (h) Registered multi-port equipment for ground start and reverse 
battery applications. These criteria shall be satisfied for all ports 
when all ports not under test are terminated in their appropriate 
networks as will be identified below, and when interface connections 
other than the ports are terminated in circuits appropriate to that 
interface. The minimum balance coefficients shall be satisfied for all 
values of dc loop current that the registered equipment is capable of 
drawing through each of its ports when these ports are attached to the 
loop simulator circuit specified in these Rules. The port under test 
shall be driven from a 600-ohm metallic source having a 500-ohm 
longitudinal impedance. The terminations for all ports other than the 
particular one whose balance coefficient is being measured shall have a 
metallic impedance of 600 ohms and a longitudinal impedance of 500 ohms. 
Figure 68.310(g) shows this termination.
    (i) Registered terminal equipment and registered protective 
circuitry for 4-wire network ports. The pair under test shall be driven 
from a 600-ohm metallic source having a 500-ohm longitudinal impedance. 
The pair not under test shall be terminated in a metallic impedance of 
600-ohms.
    (1) Registered protective circuitry for loop start, ground start, 
reverse, battery, ringdown, inband signaling or voiceband metallic 
channel applications. These criteria shall be met with either terminal 
of the interface to other equipment connected to earth ground. The 
interface to other equipment shall be terminated in an impedance that 
will result in 600-ohms at each of the transmit and receive pairs of the 
4-wire telephone connection in the off-hook state of the registered 
protective circuit, and the interface should not be terminated in the 
on-hook state. Figure 68.310(j) shows the interface of the protective 
circuitry being tested and the required arrangement at the interface to 
other equipment.
    (2) Registered multiport equipment for loop start, ground start, and 
reverse battery, ringdown, inband signaling, or voiceband metallic 
channel applications. These criteria shall be satisfied for all network 
ports when the ports are terminated as defined below, and when interface 
connections other than network ports are terminated in circuits 
appropriate to the interface. The criteria shall also be satisfied for 
all values of dc loop current that the registered equipment is capable 
of drawing through each port when the port is connected to the 
appropriate 4-wire loop simulator circuit, Figure 68.3(c) or 68.3(d). 
The terminations for both pairs of all network ports not under test 
shall have a metallic impedance of 600-ohms and a longitudinal impedance 
of 500-ohms. Figures 68.310(g) shows this termination.
    (j) Registered PBX equipment (or similar systems) with Class B or 
Class C off-premises interfaces. These criteria shall be satisfied for 
all off-premises station interface ports when these ports are

[[Page 300]]

terminated in their appropriate networks for their off-hook state, and 
when all other interface connections are terminated in circuits 
appropriate to that interface. The minimum balance coefficients shall 
also be satisfied for all values of dc loop current that the registered 
PBX is capable of providing through off-premises station ports when 
these ports are attached to the off-premises line simulator circuit 
specified in these rules. The port under test shall be driven from a 
600-ohm metallic source having a 500-ohm longitudinal impedance.
    (k) Ringing type Z equipment for loop-start applications. Equipment 
which has on-hook impedance characteristics which do not conform to the 
requirements of Sec. 68.312 (e.g., ``Type Z''), need comply with a 
minimum balance requirement of 40 dB in the frequency range 200 to 400 
Hertz, under the applicable subparagraph above. See Sec. 68.312(f) for 
conditions upon registration of ``Type Z'' equipment.
    (l) The maximum balance requirement for registered terminal 
equipment connected to digital services specified in Figure 68.310(k) 
shall be equaled or exceeded for the range of frequencies applicable for 
the equipment under test and under all reasonable conditions of the 
application of earth ground to the equipment. All such terminal 
equipment shall have a longitudinal balance in the acceptable region of 
Figure 68.310(k). The metallic termination used for the longitudinal 
balance measurements for 2.4, 4.8, 9.6, and 56 Kbps shall be 135 Ohms 
plus or minus one percent. The metallic termination used for the 
longitudinal balance measurements (M-L balance) for subrate, ISDN (BRA) 
and PSDS shall be 135 ohms +/- 1% and for 1.544 Mbps and ISDA (PRA) 
shall be 100 ohms +/- 1%. The longitudinal termination for these 
measurements (L-M balance) shall be 90 ohms in all cases.

[[Page 301]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.022



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[GRAPHIC] [TIFF OMITTED] TC02JN91.023



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[GRAPHIC] [TIFF OMITTED] TC02JN91.024



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[GRAPHIC] [TIFF OMITTED] TC02JN91.025



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[GRAPHIC] [TIFF OMITTED] TC02JN91.026


[45 FR 20853, Mar. 31, 1980, as amended at 45 FR 54343, Aug. 15, 1980; 
45 FR 61632, Sept. 17, 1980; 47 FR 39687, Sept. 9, 1982; 49 FR 48724, 
Dec. 14, 1984; 51 FR 950, Jan. 9, 1986; 51 FR 16690, May 6, 1986; 61 FR 
42393, Aug. 15, 1996]



Sec. 68.312  On-hook impedance limitations.

    (a) General. The limitations in this section that involve 2-wire 
network ports apply to tip and ring of the public switched network. For 
4-wire network ports (tip, ring, tip 1, and ring 1) with loop-start or 
ground-start signaling, the limitations apply when tip and ring 
conductors are connected together and treated as one of the conductors 
of a tip and ring pair and the tip 1 and ring 1 conductors are connected 
together and treated as the other conductor of a tip and ring pair.
    (b) Limitations on individual equipment intended for operation on 
loop-start telephone facilities, including PSDS Type II in the analog 
mode:
    (1) Registered terminal equipment and registered protective 
circuitry shall conform to the following limitations, for each Ringing 
Type which is listed as part of its Ringer Equivalence:
    (i) The dc resistance between tip and ring conductors, and between 
each of the tip and ring conductors and earth ground, shall be greater 
than 5 megohms for all dc voltages up to and including 100 volts.
    (ii) The dc resistance between tip and ring conductors, and between 
each of the tip and ring conductors and earth ground shall be greater 
than 30 kilohms for all dc voltages between 100 and 200 volts.
    (iii) During the application of simulated ringing, as listed in 
table I below, the total dc current, shall not exceed 3.0 milliamperes.

[[Page 306]]

    (iv) During the application of simulated ringing, as listed in table 
I below, the impedance between the tip and ring conductors (defined as 
the quotient of applied ac voltage divided by resulting true rms 
current) shall be greater than the value specified in table I. Except as 
provided in paragraph (b)(2) of this section, such impedance shall be 
less than 40 kilohms.
    (v) During the application of simulated ringing, as listed in table 
I below, the impedance between each of the tip and ring conductors and 
ground shall be greater than 100 kilohms.
    (2) Registered terminal equipment and registered protective 
circuitry intended for use on facilities which will always have ringing 
detection circuitry in use at the same time such registered terminal 
equipment and registered protective circuitry is connected need not 
comply with the 40 kilohms maximum impedance specification of paragraph 
(b)(1)(v) of this section.
    (c) Limitations on individual equipment intended for operation on 
ground-start telephone facilities. Registered terminal equipment and 
registered protective circuitry shall conform to the following 
limitations for each Ringing Type which is listed as part of its Ringer 
Equivalence Number:
    (1) During the application of simulated ringing, as listed in table 
I below, the total dc current flowing between tip and ring conductors 
shall not exceed 3.0 milliamperes.
    (2) During the application of simulated ringing, as listed in table 
I below, the total impedance of the parallel combination of the ac 
impedance across tip and ring conductors and the ac impedance from the 
ring conductor to ground (with ground on the tip conductor) shall be 
greater than the value specified in table I. Except as provided in 
paragraph (b)(2) of this section, such impedance shall be less the 40 
kilohms.
    (d) Ringer equivalence definition. The values of each of the 
parameters for which a limitation is imposed in paragraph (b) or (c) of 
this section, as appropriate, shall be determined for a representative 
unit under test. Quotients of each such value shall be formed according 
to the following:
    (1) For individual equipment intended for operation on loop-start 
telephone facilities:
    (i) 25 megohms divided by the minimum measured on-hook dc resistance 
for all dc voltages up to and including 100 volts.
    (ii) 150 kilohms divided by the minimum measured on-hook dc 
resistance for all dc voltages between 100 and 200 volts.
    (iii) The maximum total dc current flowing between tip and ring 
during the application of simulated ringing as listed in table I below, 
in milliamperes, divided by 0.6 milliamperes.
    (iv) Five times the impedance limitation listed in table I, below, 
divided by the minimum measured ac impedance, defined as in paragraph 
(b)(1)(iv) of this section, during the application of simulated ringing 
as listed in table I.
    (2) For individual equipment intended for operation on ground-start 
telephone facilities:
    (i) The maximum total dc current flowing between tip and ring 
conductors during the application of simulated ringing as listed in 
table I below, in milliamperes, divided by 0.6 milliamperes.
    (ii) Five times the impedance limitation listed in table I below 
divided by the minimum measured ac impedance, defined in paragraph 
(b)(2) of this section, during the application of simulated ringing as 
listed in table I.

The largest of the unitless quotients so formed, followed by the Ringing 
Type letter indicator representing the frequency range for which that 
number is valid, is the Ringer Equivalence. If Ringer Equivalence is to 
be stated for more than one Ringing Type, testing shall be performed at 
each frequency range to which Ringer Equivalence is to be determined in 
accordance with the above, and the largest resulting Ringer Equivalence 
number so determined will be associated with each Ringing Type letter 
designation for which it is valid.
    (e) Registered terminal equipment and registered protective 
circuitry shall have at least one ringer equivalence number shown on the 
registration label. Where options that will vary

[[Page 307]]

the ringer equivalence are involved, either each option that results in 
a ringer equivalence number greater than 0.1 and its corresponding 
Ringer Equivalence shall be listed on the registration label, or the 
largest ringer equivalence number that can result from such options 
shall be stated on the label. A trained, authorized agent of the Grantee 
may disconnect ringers, bridge ringers to another line, or execute 
options affecting ringer equivalence after the telephone company has 
been notified in accordance with Sec. 68.106.
    (f) All registered terminal equipment and registered protective 
circuitry which can affect on-hook impedance shall be assigned a Ringer 
Equivalence. The sum of all such ringer equivalences on a given 
telephone line or loop shall not exceed 5; in some cases, a system which 
has a total ringer equivalence of 5 or less may not be usable on a given 
telephone line or loop.
    (g) Ringing type Z equipment. Equipment which has on-hook impedance 
characteristics which do not conform to the requirements of this section 
may be conditionally registered, notwithstanding the requirements of 
this section, provided that it is labelled with a Ringing Type 
designation ``Z''. It should be noted that registration of equipment 
bearing the designation ``Z'' does not necessarily confer any right of 
connection to the telephone network under these rules; any equipment 
registered with the type Z designation may only be used with the consent 
of the local telephone company, provided that the local telephone 
company does not discriminate in its treatment of equipment bearing the 
type Z designation.
    (h) Limitations on PBX equipment with an off-premises interface and 
direct inward dialing (DID). PBX ringing supplies whose output appears 
on the off-premises interface leads shall not trip when connected to the 
following tip-to-ring impedance which terminates the off-premises 
station loop:

                                                                        
------------------------------------------------------------------------
                                                     ac impedance ohms  
                                                 -----------------------
              Ringing frequency Hz                 Class B,             
                                                     or C       Class A 
------------------------------------------------------------------------
                                                        7000        1400
20  plus-minus  3...............................        ----            
                                                         N              
                                                        5000        1000
30  plus-minus  3...............................        ----            
                                                         N              
------------------------------------------------------------------------
N--Number of ringer equivalences, as specified by the manufacturer,     
  which can be connected to the off-premises station loop.              

    (i) Limitations on individual equipment intended for operation with 
message register signaling channels:
    (1) Registered terminal equipment and registered protective 
circuitry shall conform to the following limitations in all operating 
states.
    (2) The dc resistance between each of the tip (MR) and ring (MR) 
conductors and ground shall be greater than 30 kilohms for voltages up 
to and including 200 volts.
    (j) Limitations on individual equipment ports with ringdown or 
inband signaling or voiceband metallic channels for connection to 
voiceband private line interfaces.
    (1) Registered terminal equipment and registered protective 
circuitry with 2-wire ports for ringdown, inband signaling or voiceband 
metallic channels shall provide a dc resistance between tip and ring 
conductors and between each of the tip and ring conductors and earth 
ground greater than 30 kilohms for all dc voltages up to and including 
200 volts.
    (2) Registered terminal equipment and registered protective 
circuitry with 4-wire ports for ringdown, inband signaling or voiceband 
metallic channels shall provide a dc resistance between each of the tip, 
ring, tip 1 and ring 1 conductors and earth ground greater than 30 
kilohms for all dc voltages up to and including 200 volts.
    (k) Registered terminal equipment and registered protective 
circuitry shall not by design leave the on-hook state by operations 
performed on tip and ring leads for any other purpose than to request 
service or answer an incoming call, except that terminal equipment which 
the user places in the off-hook state for the purpose of manually 
placing telephone numbers in internal memory for subsequent automatic or 
repertory dialing shall be registrable. Make-busy indications shall be 
transmitted by the use of make-

[[Page 308]]

busy leads only as defined in Secs. 68.3 and 68.200(j).

                                 Table I                                
------------------------------------------------------------------------
                 Range of compatible     Simulated ringing     Impedance
 Ringing type    ringing frequencies    voltage superimposed  limitation
                          Hz               56.5 volts dc        (ohms)  
------------------------------------------------------------------------
A.............  20 plus-minus 3......  40 to 130 volts rms..       1400 
                30 plus-minus 3......  40 to 130 volts rms..       1000 
B.............  15.3 to 68.0.........  40 to 150 volts rms..       1600 
C.............  15.3 to 17.4.........  54 to 120 volts rms..       1600 
D.............  19.3 to 20.7 \1\       54 to 120 volts rms..       1600 
                 (frequency-                                            
                 selective).                                            
E.............  24.3 to 25.7.........  54 to 120 volts rms..       1600 
F.............  29.3 to 30.7 \1\       54 to 120 volts rms..       1600 
                 (frequency-                                            
                 selective).                                            
G.............  32.6 to 34.0.........  54 to 130 volts rms..       1600 
H.............  39.2 to 40.9.........  62 to 130 volts rms..       1600 
J.............  41.0 to 43.0.........  62 to 130 volts rms..       1600 
K.............  49.0 to 51.0.........  62 to 140 volts rms..       1600 
L.............  52.9 to 55.1.........  62 to 140 volts rms..       1600 
M.............  58.8 to 61.2.........  68 to 150 volts rms..       1600 
N.............  65.4 to 68.0.........  68 to 150 volts rms..       1600 
P.............  15.3 to 34.0.........  54 to 130 volts rms..       1600 
Q.............  20 plus-minus 3......  40 to 130 volts rms..       1400 
------------------------------------------------------------------------
\1\ Note: Requirements at these frequencies, which are identical to Type
  A frequencies, are not consistent with the Type A requirements;       
  equipment intended for use both on Type A facilities and facilities   
  using frequency-selective ringing must comply with the requirements on
  Types A, D and F independently.                                       


[45 FR 20853, Mar. 31, 1980, as amended at 45 FR 61632, Sept. 17, 1980; 
45 FR 79486, Dec. 1, 1980; 46 FR 40192, Aug. 7, 1981; 48 FR 34044, July 
27, 1983; 51 FR 950, Jan. 9, 1986; 51 FR 28237, Aug. 6, 1986; 61 FR 
42394, Aug. 15, 1996; 61 FR 47434, Sept. 9, 1996]



Sec. 68.314  Billing protection.

    (a) Call duration requirements on data equipment connected to the 
public switched network, or to tie trunks, or to private lines that 
access the public switched network. Registered data terminal equipment 
and registered protective circuitry shall comply with the following 
requirements when answering an incoming call, except in off-hook states 
in which the signals are transmitted and/or received by electroacoustic 
transducers only:

    Note:  This paragraph (a) will be applicable to terminal equipment 
and registered protective circuitry employed with digital services where 
such digital services are interconnected with the analog telephone 
network.

    (1) Registered protective circuitry. Registered protective circuitry 
connected to associated data equipment shall assure that the following 
signal power limitations are met for at least 2 seconds after the off-
hook condition is presented to the telephone network in response to an 
incoming call:
    (i) Signals that appear at the protective circuitry/telephone 
network interface for delivery to the telephone network shall be limited 
to -55 dB with respect to one milliwatt as such signals are delivered 
into a loop simulator circuit or a 600 ohm termination, as appropriate; 
and
    (ii) Signals that appear at the protective circuitry-associated data 
equipment interface for delivery to associated data equipment shall be 
limited as follows: for any received signal power (appearing at the 
protective circuitry-telephone network interface) up to 0 dB with 
respect to one milliwatt (at any frequency in the range of 200 to 3200 
Hertz), the power of signals delivered to associated data equipment 
shall be no greater than the signal power that would be delivered as a 
result of received signal power of -55 dB with respect to one milliwatt.
    (2) Registered terminal equipment. Registered terminal equipment for 
data applications shall assure that, when an incoming telephone call is 
answered, the answering terminal equipment prevents both transmission 
and reception of data for at least 2 seconds after the answering 
terminal equipment transfers to the off-hook condition. For the purpose 
of this requirement, a fixed sequence of signals that is transmitted 
(and originated within) and/or received by the registered terminal 
equipment each time it answers an incoming call shall not be considered 
data, provided that such signals are for one or more of the following 
purposes:
    (i) Disabling echo control devices,
    (ii) Adjusting automatic equalizers and gain controls,
    (iii) Establishing synchronization, or
    (iv) Signaling the presence and if required, the mode of operation, 
of the data terminal at the remote end of a connection.
    (b) Voice and data equipment on-hook signal requirements for 
equipment connected to the public switched network, or

[[Page 309]]

to tie trunks, or to private lines that access the public switched 
network. Registered protective circuitry and registered terminal 
equipment shall comply with the following:
    (1) The power delivered into a 2-wire loop simulator circuit or into 
the transmit and receive pairs of a 4-wire loop simulator or into a 600 
ohm termination (where appropriate) in the on-hook state, by loop-start 
or ground-start equipment shall not exceed -55dB with respect to one 
milliwatt within the frequency band from 200 to 4000 Hertz. Registered 
protective circuitry shall also assure that for any input level up to 
10dB above the maximum level that is expected under normal operation, 
the power to a 2-wire loop simulator circuit or the transmit and receive 
pairs of a 4-wire loop simulator circuit or into a 600 ohm termination 
(where appropriate) does not exceed the above limits.
    (2) The power delivered into a 2-wire loop simulator circuit or into 
the transmit and receive pairs of a 4-wire loop simulator circuit, in 
the on-hook state, by reverse battery equipment shall not exceed -55dB 
with respect to one milliwatt, unless the equipment is arranged to 
inhibit incoming signals.
    (c) Voice and data equipment loop current requirements for equipment 
connected to the Public Switched network. The loop current through 
registered terminal equipment or registered protective circuitry, when 
connected to a 2-wire or 4-wire loop simulator circuit with the 600 ohm 
resistor and 500 microfarad capacitor of the 2-wire loop simulator 
circuit or both pairs of the 4-wire loop simulator circuit disconnected 
shall, for at least 5 seconds after the equipment goes to the normal 
off-hook state which would occur in response to ringing (called party 
condition):
    (1) Be at least as great as the current obtained in the same loop 
simulator circuit with a 200 ohm resistance connected across the tip and 
ring of the 2-wire loop simulator circuit or connected across the tip/
ring and tip 1/ring 1 conductors (tip and ring connected together and 
tip 1 and ring 1 connected together) of the 4-wire loop simulator 
circuit in place of the registered terminal equipment or registered 
protective circuitry; or
    (2) Not decrease by more than 25 percent from its maximum value 
attained during this 5-second interval; unless the equipment is returned 
to the on-hook state during the above 5 second interval.
    (d) Signaling interference requirements. (1) Terminal equipment 
connected to the Public Switched Network or private lines identified in 
Sec. 68.2(a) (2) and (3). Registered terminal equipment and registered 
protective circuitry shall not deliver signals into a 2-wire loop 
simulator circuit or the transmit and receive pairs of a 4-wire loop 
simulator circuit or a 600-ohm termination (where appropriate) from 
sources internal to the registered equipment or circuitry, with energy 
in the 2450 to 2750 Hertz band unless an equal amount of energy is 
presented in the 800 to 2450 Hertz band.
    (2) Registered terminal equipment for connection to subrate or 1.544 
Mbps digital services shall not deliver digital signals to the telephone 
network with encoded analog content energy in the 2450 to 2750 Hertz 
band unless at least an equal amount of encoded analog energy is present 
in the 800 to 2450 Hertz band.
    (e) Operating requirements for automatic identified outward 
dialing--(1) General. Registered terminal equipment that provides 
Automatic Identified Outward Dialing (AIOD) features shall meet those 
operating requirements necessary to ensure compatibility with the local 
telephone company serving central office. A sufficient set of operating 
characteristics for interfacing with central office AIOD channels is 
contained in the Electronics Industries Association (EIA) Standard RS-
464, Section 4.4.1., dated December 1979.
    (2) Station number assignment. Station number assignments in 
registered terminal equipment with AIOD capabilities, including spare 
numbers for subsequent activities by the customer, must be programed 
into the equipment by a qualified installer only and such numbers must 
be restricted to the group of station numbers provided by the telephone 
company. If the registered terminal equipment is arranged so that

[[Page 310]]

the customer can reassign and/or activate new station numbers, means 
shall be provided so that the customer can verify that the 4-digit 
number assigned to a station set, incoming tie trunk, or the attendant 
for AIOD purposes is the same as the number identified by the registered 
terminal equipment for AIOD when an outgoing call to a central office is 
originated.
    (f) On-hook signal requirements for registered terminal equipment 
for connection to subrate or 1.544 Mbps digital services. Registered 
terminal equipment and registered protective circuitry shall comply with 
the following:
    (1) The power delivered to the telephone network in the on-hook 
state as derived by a zero level decoder shall not exceed -55 dBm 
equivalent power for digital signals within the frequency band from 200 
to 4000 Hertz. Registered protective circuitry shall also assure that 
for any input level up to 10 dB above the maximum level that is expected 
under normal operation, the power to a zero level decoder does not 
exceed the above limits.
    (2) The power derived by a zero level decoder, in the on-hook state, 
by reverse battery equipment shall not exceed -55 dB with respect to one 
milliwatt, unless the equipment is arranged to inhibit incoming signals.
    (g) Off-hook signal requirements for registered terminal equipment 
connecting to 1.544 Mbps digital services. Upon entering the normal off-
hook state, in response to alerting, for analog subrate channels, 
registered terminal equipment shall continue to transmit the signaling 
bit sequence representing the off-hook state for 5 seconds, unless the 
equipment is returned to the on-hook state during the above 5 second 
interval.
    (h) Operating Requirements for Direct-Inward-Dialing (``DID''). (1) 
Answer supervision for DID calls to stations connected to the telephone 
company network through a Private Branch Exchange or similar system 
(``PBX'') shall be returned to the central office on all calls which 
are:
    (i) Answered by the called DID station,
    (ii) Answered by an attendant,
    (iii) Routed to an announcement, except for ``number invalid,'' 
``not in service,'' or ``not assigned'' recordings,
    (iv) Routed to a dialing prompt, or
    (v) Routed back to the public switched network by the PBX, including 
calls routed to ``number invalid,'' ``not in service,'' or ``not 
assigned'' recordings.
    (2) DID calls which do not require the PBX to return answer 
supervision are those:
    (i) Which are not routed back to the public switched network and, in 
addition, are:
    (A) Unanswered, i.e., the called DID station receives a ring or 
other alerting signal, but does not answer, or the DID station to which 
the call is forwarded receives a ring or other alerting signal, but does 
not answer,
    (B) Routed to a busy signal,
    (C) Routed to a reorder signal, or
    (D) Routed to a recorded announcement stating ``number invalid,'' 
``not in service,'' or ``not assigned''; and those
    (ii) Which are routed back to the public switched network and, in 
addition, are:
    (A) Unanswered, i.e., the called station receives a ring or other 
alerting signal, but does not answer, or the DID station to which the 
call is forwarded receives a ring or other alerting signal, but does not 
answer,
    (B) Routed to a busy signal, or
    (C) Routed to a reorder signal.
    (3) Answer supervision on DID calls shall be provided in accordance 
with industry engineering standards.
    (4) PBX and similar systems manufactured one year from December 31, 
1990, shall comply with the paragraph. PBX and similar systems of 
earlier manufacture shall comply with the paragraph if newly installed 
or relocated on a customer's premises eighteen months from December 31, 
1990, or any time thereafter. Such equipment must be reregistered by the 
manufacturer or other person responsible for equipment compliance with 
part 68, if already registered but not compliant with this paragraph 
(h). Compliance with the paragraph shall require that the equipment be 
designed, manufactured and installed so that it will return answer 
supervision in conformity

[[Page 311]]

with this rule in a manner which cannot be readily altered by software 
control or other user controlled media.
    (5) As used in this Sec. 68.314(h), Private Branch Exchange or 
similar system (``PBX'') means customer premises equipment, such as 
private branch exchanges, key equipment, multifunction systems, 
multiplexers, and any equipment for which adopted industry standard 
signalling is the standard mode of returning answer supervision.

[45 FR 20853, Mar. 31, 1980, as amended at 47 FR 10219, Mar. 10, 1982; 
47 FR 39687, Sept. 9, 1982; 47 FR 42750, Sept. 29, 1982; 49 FR 48725, 
Dec. 14, 1984; 50 FR 27251, July 2, 1985; 51 FR 950, Jan. 9, 1986; 51 FR 
16690, May 6, 1986; 55 FR 46066, Nov. 1, 1990]



Sec. 68.316  Hearing aid compatibility magnetic field intensity requirements: Technical standards.

    A telephone handset is hearing aid compatible for the purposes of 
this section if it complies with the following standard, published by 
the Telecommunications Industry Association, copyright 1983, and 
reproduced by permission of the Telecommunications Industry Association:

 Electronic Industries Association Recommended Standard RS-504 Magnetic 
 Field Intensity Criteria for Telephone Compatibility With Hearing Aids

[Prepared by EIA Engineering Committee TR-41 and the Hearing Industries 
            Association's Standards and Technical Committee]

                            Table of Contents

                          List of Illustrations

1  INTRODUCTION
2  SCOPE
3  DEFINITIONS
4  TECHNICAL REQUIREMENTS
4.1  General
4.2  Axial Field Intensity
4.3  Radial Field Intensity
4.4  Induced Voltage Frequency Response

Appendix A--Bibliography

                          List of Illustrations

                              Figure Number

1  Reference and Measurement Planes and Axes
2  Measurement Block Diagram
3  Probe Coil Parameters
4A  Induced Voltage Frequency Response for receivers with an axial field 
          that exceeds -19 dB
4B  Induced Voltage Frequency Response for receivers with an axial field 
          that exceeds -22 dB but is less than -19 dB

   Magnetic Field Intensity Criteria for Telephone Compatibility With 
                              Hearing Aids

    (From EIA Standards Proposal No. 1652, formulated under the 
cognizance of EIA TR-41 Committee on Voice Telephone Terminals and the 
Hearing Industries Association's Standards and Technical Committee.)

                             1 Introduction

    Hearing-aid users have used magnetic coupling to enable them to 
participate in telephone communications since the 1940's. Magnetic pick-
ups in hearing-aids have provided for coupling to many, but not all, 
types of telephone handsets. A major reason for incompatibility has been 
the lack of handset magnetic field intensity requirements. Typically, 
whatever field existed had been provided fortuitously rather than by 
design. More recently, special handset designs, e.g., blue grommet 
handsets associated with public telephones, have been introduced to 
provide hearing-aid coupling and trials were conducted to demonstrate 
the acceptability of such designs. It is anticipated that there will be 
an increase in the number of new handset designs in the future. A 
standard definition of the magnetic field intensity emanating from 
telephone handsets intended to provide hearing-aid coupling is needed so 
that hearing-aid manufacturers can design their product to use this 
field, which will be guaranteed in handsets which comply with this 
standard.
    1.1 This standard is one of a series of technical standards on voice 
telephone terminal equipment prepared by EIA Engineering Committee TR-
41. This document, with its companion standards on Private Branch 
Exchanges (PBX), Key Telephone Systems (KTS), Telephones and 
Environmental and Safety Considerations (Refs: A1, A2, A3 and A4) fills 
a recognized need in the telephone industry brought about by the 
increasing use in the public telephone network of equipment supplied by 
numerous manufacturers. It will be useful to anyone engaged in the 
manufacture of telephone terminal equipment and hearing-aids and to 
those purchasing, operating or using such equipment or devices.
    1.2 This standard is intended to be a living document, subject to 
revision and updating as warranted by advances in network and terminal 
equipment technology and changes in the FCC Rules and Regulations.

                                2  Scope

    2.1  The purpose of this document is to establish formal criteria 
defining the magnetic field intensity presented by a telephone to

[[Page 312]]

which hearing aids can couple. The requirements are based on present 
telecommunications plant characteristics at the telephone interface. The 
telephone will also be subject to the applicable requirements of EIA RS-
470, Telephone Instruments with Loop Signaling for Voiceband 
Applications (Ref: A3) and the environmental requirements specified in 
EIA Standards Project PN-1361, Environmental and Safety Considerations 
for Voice Telephone Terminals, when published (Ref: A4).
    Telephones which meet these requirements should ensure satisfactory 
service to users of magnetically coupled hearing-aids in a high 
percentage of installations, both initially and over some period of 
time, as the network grows and changes occur in telephone serving 
equipment. However, due to the wide range of customer apparatus and loop 
plant and dependent on the environment in which the telephone and 
hearing aid are used, conformance with this standard does not guarantee 
acceptable performance or interface compatibility under all possible 
operating conditions.
    2.2  A telephone complies with this standard if it meets the 
requirements in this standard when manufactured and can be expected to 
continue to meet these requirements when properly used and maintained. 
For satisfactory service a telephone needs to be capable, through the 
proper selection of equipment options, of satisfying the requirements 
applicable to its marketing area.
    2.3  The standard is intended to be in conformance with part 68 of 
the FCC Rules and Regulations, but it is not limited to the scope of 
those rules (Ref: A5).
    2.4  The signal level and method of measurement in this standard 
have been chosen to ensure reproducible results and permit comparison of 
evaluations. The measured magnetic field intensity will be approximately 
15 dB above the average level encountered in the field and the measured 
high-end frequency response will be greater than that encountered in the 
field.
    2.5  The basic accuracy and reproducibility of measurements made in 
accordance with this standard will depend primarily upon the accuracy of 
the test equipment used, the care with which the measurements are 
conducted, and the inherent stability of the devices under test.

                             3  Definitions

    This section contains definitions of terms needed for proper 
understanding and application of this standard which are not believed to 
be adequately treated elsewhere. A glossary of telephone terminology, 
which will be published as a companion volume to the series of technical 
standards on Telephone Terminals For Voiceband Applications, is 
recommended as a general reference and for definitions not covered in 
this section.
    3.1  A telephone is a terminal instrument which permits two-way, 
real-time voice communication with a distant party over a network or 
customer premises connection. It converts real-time voice and voiceband 
acoustic signals into electrical signals suitable for transmission over 
the telephone network and converts received electrical signals into 
acoustic signals. A telephone which meets the requirements of this 
standard also generates a magnetic field to which hearing-aids may 
couple.
    3.2  The telephone boundaries are the electrical interface with the 
network, PBX or KTS and the acoustic, magnetic and mechanical interfaces 
with the user. The telephone may also have an electrical interface with 
commercial power.
    3.3  A hearing aid is a personal electronic amplifying device, 
intended to increase the loudness of sound and worn to compensate for 
impaired hearing. When equipped with an optional inductive pick-up coil 
(commonly called a telecoil), a hearing aid can be used to amplify 
magnetic fields such as those from telephone receivers or induction-loop 
systems.
    3.4  The reference plane is the planar area containing points of the 
receiver-end of the handset which, in normal handset use, rest against 
the ear (see Fig 1).
    3.5  The measurement plane is parallel to, and 10 mm in front of, 
the reference plane (see Fig 1).
    3.6  The reference axis is normal to the reference plane and passes 
through the center of the receiver cap (or the center of the hole array, 
for handset types that do not have receiver caps).
    3.7  The measurement axis is parallel to the reference axis but may 
be displaced from that axis, by a maximum of 10 mm (see Fig 1). Within 
this constraint, the measurement axis may be located where the axial and 
radial field intensity measurements, are optimum with regard to the 
requirements. In a handset with a centered receiver and a circularly 
symmetrical magnetic field, the measurement axis and the reference axis 
would coincide.

[[Page 313]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.027



                        4  Technical Requirements

    4.1  General.
    These criteria apply to handsets when tested as a constituent part 
of a telephone.
    4.1.1  Three parameters descriptive of the magnetic field at points 
in the measurement plane shall be used to ascertain adequacy for 
magnetic coupling. These three parameters are intensity, direction and 
frequency response, associated with the field vector.
    4.1.2  The procedures for determining the parameter values are 
defined in the IEEE Standard Method For Measuring The Magnetic Field 
Intensity Around A Telephone Receiver (Ref: A6), with the exception that 
this EIA Recommended Standard does not require that the measurements be 
made using an equivalent loop of 2.75 km of No. 26 AWG cable, but uses a 
1250-ohm resistor in series with the battery feed instead (see Fig 2).
    4.1.3  When testing other than general purpose analog telephones, 
e.g., proprietary or digital telephones, an appropriate feed circuit and 
termination shall be used that produces equivalent test conditions.
    4.2  Axial Field Intensity.
    When measured as specified in 4.1.2, the axial component of the 
magnetic field directed along the measurement axis and located at the 
measurement plane, shall be greater than -22 dB relative to 1 A/m, for 
an input of -10 dBV at 1000 Hz (see Fig 2).

    Note:  If the magnitude of the axial component exceeds -19 dB 
relative to 1 A/m, some relaxation in the frequency response is 
permitted (See 4.4.1).

    4.3  Radial Field Intensity.
    When measured as specified in 4.1.2, radial components of the 
magnetic field as measured at four points 90 deg. apart, and at a 
distance 16 mm from the measurement axis (as selected in 
4.2), shall be greater than -27 dB relative to 1 A/m, for an input of 
-10 dBV at 1000 Hz (see Fig 2).
    4.4  Induced Voltage Frequency Response.
    The frequency response of the voltage induced in the probe coil by 
the axial component of the magnetic field as measured in 4.2, shall fall 
within the acceptable region of Fig 4A or Fig 4B (see 4.4.1 and 4.4.2), 
over the frequency range 300-to-3300 Hz.
    4.4.1  For receivers with an axial component which exceeds -19 dB 
relative to 1 A/m, when measured as specified in 4.1.2, the frequency 
response shall fall within the acceptable region of Fig 4A.
    4.4.2  For receivers with an axial component which is less than -19 
dB but greater than -22 dB relative to 1 A/m, when measured as specified 
in 4.1.2, the frequency response shall fall within the acceptable region 
of Fig 4B.

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[[Page 317]]

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[[Page 318]]

                        Appendix A--Bibliography

    (A1) EIA Standard RS-464, Private Branch Exchange (PBX) Switching 
Equipment for Voiceband Applications.
    (A2) EIA Standard RS-478, Multi-Line Key Telephone Systems (KTS) for 
Voiceband Applications.
    (A3) EIA Standard RS-470, Telephone Instruments with Loop Signaling 
for Voiceband Applications.
    (A4) EIA Project Number PN-1361, Environmental and Safety 
Considerations for Voice Telephone Terminals.
    (A5) Federal Communications Commission Rules and Regulations, part 
68, Connection of Terminal Equipment to the Telephone Network.
    (A6) IEEE Standard, Method for Measuring the Magnetic Field arould a 
Telephone Receiver. (to be published)

[49 FR 1363, Jan. 11, 1984, as amended at 61 FR 42187, Aug. 14, 1996]



Sec. 68.317  Hearing aid compatibility volume control: Technical standards.

    (a) An analog telephone complies with the Commission's volume 
control requirements if the telephone is equipped with a receive volume 
control that provides, through the receiver in the handset or headset of 
the telephone, 12 dB of gain minimum and up to 18 dB of gain maximum, 
when measured in terms of Receive Objective Loudness Rating (ROLR), as 
defined in paragraph 4.1.2 of ANSI/EIA-470-A-1987 (Telephone Instruments 
With Loop Signaling) . The 12 dB of gain minimum must be achieved 
without significant clipping of the test signal. The telephone also 
shall comply with the upper and lower limits for ROLR given in table 4.4 
of ANSI/EIA-470-A-1987 when the receive volume control is set to its 
normal unamplified level.

    Note to paragraph (a): Paragraph 4.1.2 of ANSI/EIA-470-A-1987 
identifies several characteristics related to the receive response of a 
telephone. It is only the normal unamplified ROLR level and the change 
in ROLR as a function of the volume control setting that are relevant to 
the specification of volume control as required by this section.

    (b) The ROLR of an analog telephone shall be determined over the 
frequency range from 300 to 3300 HZ for short, average, and long loop 
conditions represented by 0, 2.7, and 4.6 km of 26 AWG nonloaded cable, 
respectively. The specified length of cable will be simulated by a 
complex impedance. (See Figure A.) The input level to the cable 
simulator shall be -10 dB with respect to 1 V open circuit from a 900 
ohm source.
    (c) A digital telephone complies with the Commission's volume 
control requirements if the telephone is equipped with a receive volume 
control that provides, through the receiver of the handset or headset of 
the telephone, 12 dB of gain minimum and up to 18 dB of gain maximum, 
when measured in terms of Receive Objective Loudness Rating (ROLR), as 
defined in paragraph 4.3.2 of ANSI/EIA/TIA-579-1991 (Acoustic-To-Digital 
and Digital-To-Acoustic Transmission Requirements for ISDN Terminals). 
The 12 dB of gain minimum must be achieved without significant clipping 
of the test signal. The telephone also shall comply with the limits on 
the range for ROLR given in paragraph 4.3.2.2 of ANSI/EIA/TIA-579-1991 
when the receive volume control is set to its normal unamplified level.
    (d) The ROLR of a digital telephone shall be determined over the 
frequency range from 300 to 3300 Hz using the method described in 
paragraph 4.3.2.1 of ANSI/EIA/TIA-579-1991. No variation in loop 
conditions is required for this measurement since the receive level of a 
digital telephone is independent of loop length.
    (e) The ROLR for either an analog or digital telephone shall first 
be determined with the receive volume control at its normal unamplified 
level. The minimum volume control setting shall be used for this 
measurement unless the manufacturer identifies a different setting for 
the nominal volume level. The ROLR shall then be determined with the 
receive volume control at its maximum volume setting. Since ROLR is a 
loudness rating value expressed in dB of loss, more positive values of 
ROLR represent lower receive levels. Therefore, the ROLR value 
determined for the maximum volume control setting should be subtracted 
from that determined for the nominal volume control setting to determine 
compliance with the gain requirement.
    (f) The 18 dB of receive gain may be exceeded provided that the 
amplified receive capability automatically resets to nominal gain when 
the telephone is

[[Page 319]]

caused to pass through a proper on-hook transition in order to minimize 
the likelihood of damage to individuals with normal hearing.
    (g) These incorporations by reference of paragraph 4.1.2 (including 
table 4.4) of American National Standards Institute (ANSI) Standard 
ANSI/EIA-470-A-1987 and paragraph 4.3.2 of ANSI/EIA/TIA-579-1991 were 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies of these publications may be 
purchased from the American National Standards Institute (ANSI), Sales 
Department, 11 West 42nd Street, 13th Floor, New York, NY 10036, (212) 
642-4900. Copies also may be inspected during normal business hours at 
the following locations: Federal Communications Commission, 2000 M 
Street, NW., Public Reference Room, Room 220, Washington, DC 20554; and 
Office of the Federal Register, 800 N. Capitol Street, NW., suite 700, 
Washington, DC.

[[Page 320]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.032


[61 FR 42187, Aug. 14, 1996]



Sec. 68.318  Additional limitations.

    (a) General. Registered terminal equipment for connection to those 
services discussed below must incorporate the specified features.
    (b) Registered terminal equipment connecting to 1.544 Mbps digital 
service. (1) Until December 18, 1989, terminal equipment connecting to 
1.544 Mbps service shall contain circuitry that assures continuity of 
output signal. This equipment shall assure that either the outgoing 
signal meets the minimum pulse density requirement below or one of the 
specified keep alive signals is transmitted. Power to operate this 
equipment may come from the line or premises power. Line powered 
functioning shall be achieved as follows: A direct current connection 
shall be provided between the simplexes of the transmit and receive 
pairs. The line power to operate the equipment which assures continuity 
of the output signal shall be derived from the direct current connection 
between the simplexes of the transmit and receive pairs. For circuits 
placed in service prior to February 18, 1988, the telephone company will 
drive 60 mA through this connection from a constant current source. With 
60 mA between the transmit and receive pairs, the voltage drop between 
the transmit and receive pairs shall not exceed 67 volts. The minimum 
acceptable average pulse density is 0.125. The maximum acceptable length 
of a continuous sequence of ``zeros'' is 80

[[Page 321]]

pulse positions. The keep alive signal inserted when the pulse density 
drops too low shall be one of the following:
    (i) Type 1 Keep Alive Signal. This signal is a consecutive sequence 
of all ``ones''.
    (ii) Type 2 Keep Alive Signal. This signal is a sequence of 193-bit 
frames consisting of a framing bit plus 192-bit sequence of consecutive 
``ones''. The framing bit executes the following repetitive pattern 
every 12 frames:

                         1 0 0 0 1 1 0 1 1 1 0 0

    (iii) Type 3 Keep Alive Signal. This signal sequence is the 
regenerated received signal connected to the transmit port through a 
loopback circuit.
    (2) For circuits placed in service on or after February 18, 1988, 
and for all circuits as of December 18, 1989, whenever such circuits 
were placed in service, the telephone company is not required to provide 
line power to operate continuity of output functions in terminal 
equipment connecting to 1.544 Mbps service. As of December 18, 1989, 
such terminal equipment is not required to contain continuity of output 
capability, provided, however, that telephone companies by tariff may 
require that such equipment contain the continuity of output capability 
described in this paragraph up to December 18, 1992. Applications for 
registration of terminal equipment for connection to 1.544 Mbps service 
which does not contain continuity of output capability shall be accepted 
as of December 18, 1988, but eligibility for connection to 1.544 Mbps 
service shall be governed by this paragraph.
    (c) Registered terminal equipment connecting to the public switched 
network--(1) Limitation on automatic dialing. Automatic dialing to a 
particular number must cease after 15 successive attempts. This rule 
does not apply to manually activated dialers which dial a number just 
once following each activation.
    (2) Line seizure by automatic telephone dialing systems. Automatic 
telephone dialing systems which deliver a recorded message to the called 
party must release the called party's telephone line within 5 seconds of 
the time notification is transmitted to the system that the called party 
has hung up, to allow the called party's line to be used to make or 
receive other calls.
    (3) Telephone facsimile machines; identification of the sender of 
the message. It shall be unlawful for any person within the United 
States to use a computer or other electronic device to send any message 
via a telephone facsimile unless such message clearly contains, in a 
margin at the top or bottom of each transmitted page or on the first 
page of the transmission, the date and time it is sent and an 
identification of the business, other entity, or individual sending the 
message and the telephone number of the sending machine or of such 
business, other entity, or individual. The telephone number provided may 
not be a 900 number or any other number for which charges exceed local 
or long distance transmission charges. Telephone facsimile machines 
manufactured on and after December 20, 1992, must clearly mark such 
identifying information on each transmitted message. Facsimile modem 
boards manufactured on and after December 13, 1995, must comply with the 
requirements of this section.
    (d) Requirement that registered equipment allow access to common 
carriers. Any equipment or software manufactured or imported on or after 
April 17, 1992, and installed by any aggregator shall be technologically 
capable of providing consumers with access to interstate providers of 
operator services through the use of equal access codes. The terms used 
in this paragraph shall have the meanings defined in Sec. 64.708 of this 
chapter (47 CFR 64.708).

[49 FR 48726, Dec. 14, 1984, as amended at 51 FR 951, Jan. 9, 1986; 52 
FR 43077, Nov. 9, 1987; 52 FR 49413, Dec. 31, 1987; 53 FR 1103, Jan. 15, 
1988; 56 FR 18524, Apr. 23, 1991; 56 FR 56166, Nov. 1, 1991; 57 FR 
48336, Oct. 23, 1992; 60 FR 42069, Aug. 15, 1995]



                     Subpart E--Complaint Procedures



Sec. 68.400  Content.

    A complaint shall be in writing and shall contain:
    (a) The name and address of the complainant,
    (b) The name (and address, if known) of the defendant against whom 
the complaint is made,

[[Page 322]]

    (c) A complete statement of the facts, including supporting data, 
where available, showing that such defendant did or omitted to do 
anything in contravention of part 68 of the Commission's Rules, and
    (d) The relief sought.



Sec. 68.402  Amended complaints.

    An amended complaint setting forth transactions, occurrences or 
events which have happened since the filing of the original complaint 
and which relate to the original cause of action may be filed with the 
Commission.



Sec. 68.404  Number of copies.

    An original and two copies of all complaints and amended complaints 
shall be filed. An original and one copy of all other pleadings shall be 
filed.



Sec. 68.406  Service.

    (a) The Commission will serve a copy of any complaint or amended 
complaint filed with it, together with a notice of the filing of the 
complaint. Such notice shall call upon the defendant to satisfy or 
answer the complaint in writing within the time specified in said notice 
of complaint.
    (b) All subsequent pleadings and briefs shall be served by the 
filing party on all other parties to the proceeding in accordance with 
the requirements of Sec. 1.47. Proof of such service shall also be made 
in accordance with the requirements of said section.



Sec. 68.408  Answers to complaints and amended complaints.

    Any party upon whom a copy of a complaint or amended complaint is 
served under this subpart shall serve an answer within the time 
specified by the Commission in its notice of complaint. The answer shall 
advise the parties and the Commission fully and completely of the nature 
of the defense, and shall respond specifically to all material 
allegations of the complaint. In cases involving allegations of harm, 
the answer shall indicate what action has been taken or is proposed to 
be taken to stop the occurrence of such harm, both in terms of future 
production and with reference to articles in the possession of 
distributors, sellers, and users. Collateral or immaterial issues shall 
be avoided in answers and every effort should be made to narrow the 
issues. Matters alleged as affirmative defenses shall be separately 
stated and numbered. Any defendant failing to file and serve an answer 
within the time and in the manner prescribed may be deemed in default.



Sec. 68.410  Replies to answers or amended answers.

    Within 10 days after service of an answer or an amended answer, a 
complainant may serve a reply which shall be responsive to matters 
contained in such answer or amended answer and shall not contain new 
matters. Failure to reply will not be deemed an admission of any 
allegation contained in such answer or amended answer.



Sec. 68.412  Defective pleadings.

    Any pleading filed in a complaint proceeding not in substantial 
conformity with the requirements of the applicable rules in this part 
may be dismissed.



Sec. 68.414  Hearing aid-compatibility: Enforcement.

    Enforcement of Secs. 68.4 and 68.112 is hereby delegated to those 
states which adopt those sections and provide for their enforcement. The 
procedures followed by a state to enforce those sections shall provide a 
30-day period after a complaint is filed, during which time state 
personnel shall attempt to resolve a dispute on an informal basis. If a 
state has not adopted or incorporated Secs. 68.4 and 68.112, or failed 
to act within 6 months from the filing of a complaint with the state 
public utility commission, the Commission will accept such compliants. A 
written notification to the complainant that the state believes action 
is unwarranted is not a failure to act.

[49 FR 1368, Jan. 11, 1984]



                          Subpart F--Connectors

    Source:  41 FR 28699, July 12, 1976, unless otherwise noted.



Sec. 68.500  Specifications.

    General. The US customary units are shown in parentheses throughout 
this

[[Page 323]]

subpart F. US customary units were the original dimensional units used 
in designing the plugs and jacks shown in the following pages. The 
dimensions shown without parenthesis are in SI units. The SI dimensional 
units are derived from the US customary units by multiplying ``inches'' 
by ``25.4'' to derive the exact conversion in millimeters with no 
rounding-off of the resulting decimal value. The number of decimal 
places to which the conversion is taken by adding a particular number of 
zeroes to the right end of the resulting SI value, where required, is 
governed by the concept that when the calculated SI dimensional unit is 
divided by ``25.4,'' the resulting ``inches'' calculation will be 
exactly that shown in the parenthesis (the original design dimension). 
The conversion to SI force units, newtons, is rounded off to a number of 
decimal places that will result in the calculated SI force value being 
within less than one percent of the original US customary force unit 
value located adjacent in parenthesis (the original design value). The 
rationale for this is that this will bring the force conversions to 
within the degree of accuracy of the force-measuring device and avoid 
the carrying of an unrealistic number of decimal places which would 
otherwise result from an exact conversion. The plugs and jacks described 
in this section represent the standard connections to be used for 
connections to the telephone network. The plug and jack designs shown 
are representative of generic types, and should not be interpreted as 
the only designs that may be used. Design innovation and improvement is 
expected; but for interchangeability to be maintained, alternative 
designs (the ``or equivalent'' permitted in Sec. 68.104) must be 
compatible with the plugs and jacks shown. The interface dimensions 
between mating plugs and jacks must be maintained. Hardware used to 
mount, protect, and enclose standard jacks is not described. The only 
requirement on connecting blocks, housings, dust covers, outdoor boxes, 
and the like that contain standard network jacks is that they accept 
standard plugs with cordage. For special purpose applications, plugs may 
be made longer than shown or adapted for direct use on equipment or 
apparatus without cordage. The sliding modular plug used on the back of 
many modular wall telephone sets is an example of such a special purpose 
application. It is the responsibility of the designers and manufacturers 
of communication equipment who use such plugs to assure that they are 
compatible with the hardware used to mount standard jacks with which 
they plan to interface. For the purposes of this section, hard gold and 
contact performance equivalent to gold shall be determined in accordance 
with the standards detailed in Appendix H of TIA Telecommunications 
Systems Bulletin No. 31 Part 68 Rationale and Measurement Guidelines 
(TSB.31), prepared by EIA/TIA TR-41 Committee on Telephone Terminals 
(1992). This publication may be obtained by contacting Global 
Engineering Documents, 7730 Carondelet Avenue, Suite 407, St. Louis, 
Missouri, 63105. (Telephone number 1-800-854-7179).
    (a) Minature 6-position plug:

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Notes: (Notes apply to Figures 68.500(a)(2)(i) and 68.500(a)(2)(ii))

1. All plugs must be capable of meeting the requirements of the plugs go 
and no-go gauges.
2. Section BB applies to any jack contact receiving slot which does not 
contain a plug contact.
3. The preferred major cordage cross section is 2.5400 mm (.100 inch) 
max. thick by 5.0800 mm (.200 inch) max. wide, with rounded corners. It 
should exit the plug on the plug centerline. Other cordage 
configurations are permitted but may inhibit the special features of 
some network jack enclosures.
4. The standard plug length is 11.6840 mm (.460 inch) max. Plugs may be 
made longer than standard or adapted for direct use on special cords, 
adapters with out cordage, and on apparatus or equipment subject to the 
limitations described in the Section 68.500 introductory paragraphs. 
Plugs longer than standard may inhibit the special features of some 
network jack enclosures.
5. A 12.0396 mm (.474 inch) minimum tab length is required. It is 
preferred that a maximum tab length be no longer than 13.2080 mm (.520 
inch). Longer tabs may be used with the same limitations as described in 
Note 4.
6. To obtain maximum plug guidance when 6-position plugs are inserted in 
8-position jacks, it is desirable to extend the front plug nose to the 
2.3368 mm (.092 inch) maximum.
7. These dimensions apply to the location of jack contact receiving 
slots. It is desirable that plug contacts be centered axially in these 
slots, but centering is not required.
8. The 6.0452/6.1722 mm (.238/.243 inch) dimension is preferred to 
obtain maximum plug guidance in jacks with more than 6 conductors. A 
tolerance range of 5.9182/6.1722 mm (.233/.243 inch) is permitted, but 
may create targeting problems in 8-position jacks.
9. The center rib centerline shall be coincident with the plug width 
9.6520 mm (.380 inch) ref. centerline within +/- .0762mm (+/- .003 
inch).

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[[Page 329]]

Notes: (Notes apply to Figure 68.500(a)(3)(i))

1. The plug/jack contact interface should be hard gold to hard gold and 
should have a minimum gold thickness of .0012700 mm (0.000050 inch) on 
each side of the interface. The minimum contact force should be .98 N 
(100 grams). Any non-gold contact material must be compatible with gold 
and provide equivalent contact performance. A smooth, burr-free surface 
is required at the interface in the area shown.
2. The jack contact design is based upon .4572 mm (.018 inch) spring 
temper phosphor bronze round wire in the modular plug blade and jack 
contact interface. Other contact configurations that provide contact 
performance equal to or better than the preferred configurations and do 
not cause damage to the plug or jack are permitted. The preferred jack 
contact width is .44958/.49530 mm (.0177/.0195 inches). Deviations from 
the preferred jack contact width are permitted for round contacts as 
well as noncircular cross sectional shapes but they must be compatible 
with existing plug configurations. The requirements of Note 1 apply to 
all possible contact areas.
3. The configuration of the plug contact and the front plastic of the 
plug should prevent jack contacts from being damaged during plug 
insertion into jacks.
4. This is the suggested nominal contact angle between plugs and jacks 
with the plug latched into the jack. If this angle becomes greater than 
24 degrees loss of electrical contact may occur between the plug and 
jack. If the nominal contact angle becomes less than 13 degrees, 
interference between jack contacts and the internal plastic in the plug 
may occur.
5. To avoid loss of electrical contact, the preferred dimension from 
datum B to the highest point ``X'' should be 5.0800 mm (.200 inch) max. 
A dimension greater than 5.3594 mm (.211 inch) may result in loss of 
electrical contact between plugs and jacks. The 5.3594 mm (.211 inch) 
max. shall be considered an absolute maximum.
6. The 24 degree min. angle applies only to plugs with front plastic 
walls higher than 4.8260 mm (.190 inches).

[[Page 330]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.037



[[Page 331]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.038



[[Page 332]]

    (b) Miniature 6-position jack:

    (1) [Reserved]
    [GRAPHIC] [TIFF OMITTED] TC02JN91.039
    

[[Page 333]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.040



[[Page 334]]

Notes: (Notes apply to Figures 68.500(b)(2)(i) and 68.500(b)(3)(i).)

1. Front surface projections beyond the 1.2700 mm (.050 inch) min. shall 
be configured so as not to prevent finger access to the plug release 
catch (Reference Figure 68.500(a)(2)(i), 6-Position Plug, Mechanical 
Specifications). A catch length greater than 1.2700 mm (.050 inch) is 
beneficial in providing greater breakout strength.
2. Surface Z need not be planar or coincident with the surface under the 
plug release catch. Surface Z projections must not prevent insertion, 
latching, and unlatching of the standard 6-position plug described in 
Sec. 68.500(a).
3. The preferred plug stop surface is indicated. If some other internal 
feature is used as a plug stop, it must be located so that the axial 
movement of a latched plug is no greater than 1.1430 mm (0.045 inch).
4. To prevent mistargeting between the plug and jack contacts, the jack 
contacts should be completely contained in their individual contact 
zones, .7112 mm (.028 inch) max. wide, where they extend into the jack 
openings. There is no location requirement for jack contacts below these 
zones 5.8420 mm (.230 inch) max., but adequate contact separation must 
be maintained to prevent electrical breakdown. These shaded contact 
zones should be centrally located, (included all locating tolerances), 
about the jack opening width 9.8806 mm (.389 inch) Ref, (Datum -W-). 
Contacts located outside of these zones may result in mistargeting 
between the jack and plug contacts.
5. All inside and outside corners in the plug cavity to be .3810 mm 
(.015 inch) radius max. unless specified.
6. These surfaces shall have 0 deg.15' maximum draft.
7. Relief inside the dotted areas on 3 sides of the jack opening is 
permitted. The 6.8326 mm (.269 inch) Ref and 9.8806 mm (.389 inch) Ref 
Gauge Requirements must be maintained in each corner, (ref. 1.0160 mm 
(0.040 inch) min), to assure proper plug/jack interface guidance. A 
.8128 mm .1270 mm (.032 inch .005 inch) relief 
on the top side, (opposite plug catch), is required on jacks in 
connecting blocks which mount and connect portable wall telephones so as 
to assure interface with the special purpose sliding modular plug used 
on many wall telephone sets.
8. 4.0640 mm (.160 inch) and 6.5278/6.8580 mm (.257/.270 inch) 
dimensions to be centrally located to jack opening width -W- within 
.1778 mm (0.007 inch).
9. Minimum acceptable jack contact length. When contact guide slots are 
used, the contacts must always be contained inside the guide slots and 
the contacts must move freely in the slots so as not to restrain plug 
insertion or damage jack contacts.
10. Gauge Requirements:

    GO: The jack shall be capable of accepting a 9.7536 x 6.7056 mm 
(0.3840 x 0.2640 inch) gauge and the gauge shall be capable of being 
removed with a maximum force of 8.9 newtons (2 pounds).
    NO GO: The jack shall not accept either a 10.00760 x 6.45160 mm 
(0.3940 x 0.254 inch) horizontal width of opening gauge or a 6.95960 x 
9.5504 mm (.2740 x .376 inch) vertical height of opening gauge. However, 
if either gauge is accepted the force necessary to remove the gauge 
shall be minimum .83 newtons (3.0 ounces).
    Removal forces do not include forces contributed by contact springs 
nor shall external forces be applied to the jack that will affect these 
removal forces.
    Gauges shall have a .7620 mm (.030 inch) radius on the nose and a 
.3810 mm (0.015 inch) radius on all edges with clearance provided for 
contacts.

[[Page 335]]

    (c) Miniature 8-position plug, unkeyed:
    [GRAPHIC] [TIFF OMITTED] TC02JN91.041
    

[[Page 336]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.042



[[Page 337]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.043



[[Page 338]]

Notes: (Notes apply to Figures 68.500(c)(2)(i) and 68.500(c)(2)(ii))

1. All plugs must be capable of meeting the requirements of the plug go 
and no-go gauges.
2. The standard plug height in the area shown is 8.0010 mm (.315 inch) 
maximum. The standard plug length is 23.1140 mm (.910 inch) maximum. 
Plugs may be made longer than standard or adapted for direct use on 
special cords, adapters without cordage, apparatus or equipment subject 
to the limitations described in the introductory paragraphs of 68.500. 
Plugs longer and/or higher than standard may inhibit the special 
features of some network jack enclosures.
3. A 14.6050 mm (.575 inch) minimum tab length is required. It is 
preferred that a maximum tab length be no longer than 15.8750 mm (.625 
inch). Longer tabs may be used with the same limitations described in 
Note 2.
4. To obtain maximum plug guidance in jacks, it is desirable to extend 
the front plug nose to the 2.3368 mm (.092 inch) maximum.
5. These dimensions apply to the location of jack contact receiving 
slots. It is desirable that plug contacts be centered axially in these 
slots, but centering is not required.
6. The center rib centerline shall be coincident with the plug width 
11.6840 mm ref. (.460 inch ref.) centerline within .0762 mm 
(.003 inch).

[[Page 339]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.044



[[Page 340]]

Notes: (Notes apply to Figure 68.500(c)(3)(i))
1. The plug/jack contact interface should be hard gold to hard gold and 
should have a minimum gold thickness of .0012700 mm (.000050 inch) on 
each side of the interface. The minimum contact force should be .98 N 
(100 grams). Any non-gold contact material must be compatible with gold 
and provide equivalent contact performance. A smooth, burr-free surface 
is required at the interface in the area shown.
2. The jack contact design is based upon .4572 mm (.018 inch) spring 
temper phosphor bronze round wire in the modular plug blade and jack 
contact interface. Other contact configurations that provide contact 
performance equal to or better than the preferred configurations and do 
not cause damage to the plug or jack are permitted. The preferred jack 
contact width is .44958/.49530 mm (.0177/.0195 inches). Deviations from 
the preferred jack contact width are permitted for round contacts as 
well as noncircular cross sectional shapes but they must be compatible 
with existing plug configurations. The requirements of Note 1 apply to 
all possible contract areas.
3. The configuration of the plug contact and the front plastic of the 
plug should prevent jack contacts from being damaged during plug 
insertion into jacks.
4. This is the suggested nominal contact angle between plugs and jacks 
with the plug latched into the jack. If this angle becomes greater than 
24 degrees loss of electrical contact may occur between the plug and 
jack. If the nominal contact angle becomes less than 13 degrees, 
interference between jack contacts and the internal plastic in the plug 
may occur.
5. To avoid loss of electrical contact, the preferred dimension from 
datum B to the highest point ``X'' should be 5.0800 mm (.200 inch) max. 
A dimension greater than 5.3594 mm (.211 inch) may result in loss of 
electrical contact between plugs and jacks. The 5.3594 mm (.211 inch) 
max. shall be considered an absolute maximum.
6. The 24 degree min. angle applies only to plugs with front plastic 
walls higher than 4.8260 mm (.190 inches).

[[Page 341]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.045



[[Page 342]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.046



[[Page 343]]

    (d) Miniature 8-position series jack:
    [GRAPHIC] [TIFF OMITTED] TC02JN91.047
    

[[Page 344]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.048



[[Page 345]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.049



[[Page 346]]

Notes: (Notes apply to Figures 68.500(d)(2)(i) and 68.500(d)(3)(i))

1. Front surface projections beyond the 1.3970 mm (.055 inch) minimum 
shall be configured so as not to prevent finger access to the plug 
release catch (Reference Figure 68.500(a)(2)(i) and Figure 
68.500(c)(2)(i) 6 and 8-Position Plug, Mechanical Specifications). A 
catch length greater than 1.3970 mm (.055 inch) is beneficial in 
providing for greater breakout strength and improved guidance when 
interfacing with a 6-position plug.
2. Surface Z need not be planar or coincident with the surface under the 
plug release catch. Surface Z projections must not prevent insertion, 
latching, and unlatching of the standard 8-position plug on Figure 
68.500(c)(2)(i).
3. The preferred plug stop surface is indicated. If some other internal 
feature is used as a plug stop, it must be located so that the axial 
movement of a latched plug is no greater than 1.1430 mm (.045 inch).
4. To prevent mistargeting between the plug and jack contacts, the jack 
contacts should be completely contained in their individual contact 
zones, (.7112 mm (.028 inch) max. wide), where they extend into the jack 
openings. There is no location requirement for jack contacts below these 
zones (5.8420 mm (.230 inch) max.), but adequate contact separation must 
be maintained to prevent electrical breakdown. These shaded contact 
zones should be centrally located, (include all locating tolerances), 
about the jack opening width 11.9126 mm (.469 inch) Ref, (Datum -W-). 
Contacts located outside of these zones may result in mistargeting 
between the jack and plug contacts.
5. All inside and outside corners in the plug cavity to be .3810 mm 
(.015 inch) radius max. unless specified.
6. These surfaces shall have 0 deg.15' maximum draft.
7. Relief inside the dotted areas on both sides of the jack opening is 
permitted. The 6.8326 mm (.269 inch) Ref and 11.9126 mm (.469 inch) Ref 
Gauge Requirements must be maintained in each of the corners indicated, 
(Ref. 1.5240 mm (.060 inch) min), to assure proper plug/jack interface 
guidance.
8. 4.0640 mm (.160 inch) and 6.2992 mm (0.248 inch) dimensions to be 
centrally located to jack opening width -W- within 
plus-minus-. 1270 mm (.005 inch).
9. The contact lengths shall be such that the contacts will always be 
contained inside the guide slots, and the contacts must move freely in 
the slots so as not to restrain plug insertion or damage jack contacts.
10. Gauge Requirements:

    GO: The jack shall be capable of accepting an 11.7856 x 6.7056 mm 
(.4640 x .2640 inch) gauge and the gauge shall be capable of being 
removed with a maximum force of 8.9 newtons (2.0 pounds).
    NO GO: The jack shall not accept either a 12.0396 x 6.4516 mm (.4740 
x .254 inch) horizontal width of opening gauge or a 6.9596 x 11.5824 mm 
(.2740 x .456 inch vertical height of opening gauge. However, if the 
gauge is accepted, the force necessary to remove the gauge shall be a 
minimum of .83 newtons (3.0 ounces).
    Removal forces do not include forces contributed by contact springs 
nor shall external forces be applied to the jack that will affect these 
removal forces.
    Gauges shall have a .7620 mm (.030 inch) radius on the nose and a 
.3810 mm (.015 inch) radius on all edges with clearance provided for 
contacts.

11. With no plug inserted, conductors 1 and 4 are bridged as well as 
conductors 5 and 8. With a miniature 8-position plug inserted into the 
jack, the bridge connectors are broken and a series connection can be 
made in both sides of the line. With a 6-position plug inserted, the 
bridged connections remain unbroken.
12. The jack contact/bridging interface should be hard gold to hard gold 
and should have a minimum gold thickness of .0012700 mm (.000050 inch) 
on each side of the interface. The minimum contact bridging force should 
be .294 N (30 grams). Any non-gold contact material must be compatible 
with gold and provide equivalent contact performance.
    (e) 50-position miniature ribbon plug:

    (1) Contact finish in the region of contact shall be gold, .0007620 
mm (.000030 inch) minimum thickness, electrodeposited hard gold 
preferred.\1\
---------------------------------------------------------------------------

    \1\ Figure 68.500(e)(1).
---------------------------------------------------------------------------

    (2) ``Datum B'' is the center line of contact cavities.
    (3) The center line of each contact shall be located within .2286 mm 
(.009 inch) of true position with respect to ``Datum B''.\1\
    (4) Contact width at region of contact shall be 
1.1430.0508 mm (.0450.002 inch).\1\
    (5) Center line of shell dimension indicated shall be within .1270 
mm (.005 inch) of ``Datum B''.\1\
    (6) Center line of barrier dimension indicated shall be within .1270 
mm (.005 inch) of ``Datum B''.\1\
    (7) ``Surface X'' shall have a .0001016 mm (4 microinch) finish or 
better; finishing shall be done in the direction of the arrow.\2\
---------------------------------------------------------------------------

    \2\ Figures 68.500 (e)(2) and (e)(3).
---------------------------------------------------------------------------

    (8) A force of not more than 178 newtons (40 pounds) shall be 
sufficient to fully insert the plug onto the sizing gauge shown on 
Figure 68.500(e)(1). The plug is fully inserted when ``Surface A'' of 
the plug \1\ touches ``Surface A'' of the sizing gauge.

[[Page 347]]

    (9) After one insertion of the plug on the sizing gauge, Figure 
68.500(e)(2), a force of not more than 44.5 newtons (10 pounds) shall be 
sufficient to fully insert the plug on the continuity gauge shown in 
Figure 68.500(e)(3). The plug is fully inserted on the continuity gauge 
when ``Surface A'' of the plug \1\ touches ``Surface A'' of the 
continuity gauge.
    (10) When the plug is fully inserted on the continuity gauge, Figure 
68.500(e)(3), after having been inserted once on the sizing gauge, 
Figure 68.500(e)(2), all contacts of the plug shall electrically contact 
the continuity gauge as determined by an electrical continuity test 
which applies an open circuit voltage of not more than 10 volts, and 
will not indicate continuity if the resistance of the circuit being 
checked is more than 200 ohms.

[[Page 348]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.050



[[Page 349]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.051



[[Page 350]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.052



[[Page 351]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.053



[[Page 352]]

    (f) 50-position miniature ribbon jack:

    (1) Contact finish in the region of contact shall be gold, .0007620 
mm (.000030 inch) minimum thickness, electrodeposited hard gold 
preferred.\1\
---------------------------------------------------------------------------

    \1\ Figure 68.500(f)(1).
---------------------------------------------------------------------------

    (2) ``Datum B'' is the center line of contact cavities.
    (3) The center line of each contact shall be located within .2286 mm 
(.009 inch) of true position with respect to ``Datum B''.\1\
    (4) Contact width at region of contact shall be 
1.1430.0508 mm (.0450.002 inch).\1\
    (5) Center line of shell dimension indicated shall be within .1270 
mm (.005 inch) of ``Datum B''.\1\
    (6) Center line of cavity dimension indicated shall be within .1270 
mm (.005 inch) of ``Datum B''.\1\
    (7) ``Surface X'' shall have a .0001016 mm (4 microinch) finish or 
better; finishing shall be done in the direction of the arrow.\2\
---------------------------------------------------------------------------

    \2\ Figures 68.500 (f)(2) and (f)(3).
---------------------------------------------------------------------------

    (8) A force of not more than 134 newtons (30 pounds) shall be 
sufficient to fully insert the jack onto the sizing gauge shown on 
Figure 68.500(f)(2).
    The jack is fully inserted when ``Surface A'' of the jack \1\ 
touches ``Surface A'' of the sizing gauge.
    (9) After one insertion of the jack on the sizing gauge, Figure 
68.500(f)(2), a force of not more than 44.5 newtons (10 pounds) shall be 
sufficient to fully insert the jack on the continuity gauge shown in 
Figure 68.500(f)(3). The jack is fully inserted on the continuity gauge 
when ``Surface A'' of the jack \1\ touches ``Surface A'' of the 
continuity gauge.
    (10) When the jack is fully inserted on the continuity gauge, Figure 
68.500(f)(3), after having been inserted once on the sizing gauge, all 
contacts of the jack shall electrically contact the continuity gauge as 
determined by an electrical continuity test which applies an open 
circuit voltage of not more than 10 volts, and will not indicate 
continuity if the resistance of the circuit being checked is more than 
200 ohms.

[[Page 353]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.054



[[Page 354]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.055



[[Page 355]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.056



[[Page 356]]

    (g) 3-Position weatherproof plug:

    Contact blade material shall be brass, with minimum .00762 mm (.0003 
inch) thick nickel plating.

    Note:  All linear dimensions are in millimeters (inches).

    [GRAPHIC] [TIFF OMITTED] TC02JN91.057
    

[[Page 357]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.058



[[Page 358]]

    (h) 3-Position weatherproof jack:

    Contact blade material shall be brass, with minimum .00762 mm (.0003 
inch) thick nickel plating.

    Note:  All linear dimensions are in millimeters (inches).

    [GRAPHIC] [TIFF OMITTED] TC02JN91.059
    

[[Page 359]]


    (i) Miniature 8-position plug, keyed:
    [GRAPHIC] [TIFF OMITTED] TC02JN91.060
    

[[Page 360]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.061



[[Page 361]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.062



[[Page 362]]

Notes: (Notes apply to Figures 68.500(i)(2) (i) and 68.500(i)(2)(ii))

1. All plugs must be capable of meeting the requirements of the plug go 
and no-go gauges.
2. The standard plug height in the area shown is 8.0010 mm (.315 inch) 
maximum. The standard plug length is 23.1140 mm (.910 inch) maximum. 
Plugs may be made longer than standard or adapted for direct use on 
special cords, adapters without cordage, apparatus or equipment subject 
to the limitations described in the introductory paragraphs of 68.500. 
Plugs longer and/or higher than standard may inhibit the special 
features of some network jack enclosures.
3. A 14.6050 mm (.575 inch) minimum tab length is required. It is 
preferred that maximum tab length be no longer than 15.8750 mm (.625 
inch). Longer tabs may be used with the same limitations described in 
Note 2.
4. To obtain maximum plug guidance in jacks, it is desirable to extend 
the front plug nose to the 2.3368 mm (.092 inch) maximum.
5. These dimensions apply to the location of jack contact receiving 
slots. It is desirable that plug contacts be centered axially in these 
slots, but centering is not required.
6. The center rib centerline shall be coincident with the plug width, 
11.6840 mm ref (.460 inch ref.) center line within  .0762 mm 
( .003 inch).

[[Page 363]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.063



[[Page 364]]

Notes: (Notes apply to Figure 68.500(i)(3)(i))

1. The plug/jack contact interface should be hard gold to hard gold and 
should have a minimum gold thickness of .0012700mm (.000050 inch) on 
each side of the interface. The minimum contact force should be .98 N 
(100 grams). Any non-gold contact material must be compatible with gold 
and provide equivalent contact performance. A smooth, burr-free surface 
is required at the interface in the area shown.
2. The jack contact design is based upon .4572 mm (.018 inch) spring 
temper phosphor bronze round wire in the modular plug blade and jack 
contact interface. Other contact configurations that provide contact 
performance equal to or better than the preferred configurations and do 
not cause damage to the plug or jack are permitted. The preferred jack 
contact width is .44958/.49530 mm (.0177/.0195 inches). Deviations from 
the preferred jack contact width are permitted for round contacts as 
well as noncircular cross sectional shapes but they must be compatible 
with existing plug configurations. The requirements of Note 1 apply to 
all possible contact areas.
3. The configuration of the plug contact and the front plastic of the 
plug should prevent jack contacts from being damaged during plug 
insertion into jacks.
4. This is the suggested nominal contact angle between plugs and jacks 
with the plug latched into the jack. If this angle becomes greater than 
24 degrees loss of electrical contact may occur between the plug and 
jack. If the nominal contact angle becomes less than 13 degrees, 
interference between jack contacts and the internal plastic in the plug 
may occur.
5. To avoid loss of electrical contact, the preferred dimension from 
``Datum B'' to the highest point ``X'' should be 5.0800 mm (.200 inch) 
max. A dimension greater than 5.3594 mm (.211 inch) may result in loss 
of electrical contact between plugs and jacks. The 5.3594 mm (.211 inch) 
max. shall be considered an absolute maximum.
6. The 25 degree min. angle applies only to plugs with front plastic 
walls higher than 4.8260 mm (.190 inches).

[[Page 365]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.064



[[Page 366]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.065



[[Page 367]]

    (j) Miniature 8-position keyed jack:
    [GRAPHIC] [TIFF OMITTED] TC02JN91.066
    

[[Page 368]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.067



[[Page 369]]

Notes: (Notes apply to Figure 68.500(j)(2)(i))

1. Front surface projections beyond the 1.3970 mm (.055 inch) minimum 
shall be configured so as not to prevent finger access to the plug 
release catch (Reference Figure 68.500(i)(2)(ii) and 8-Position Plug, 
Mechanical Specifications). A catch length greater than 1.3970 mm (.055 
inch) is beneficial in providing for greater breakout strength and 
improved guidance when interfacing with a 6-position plug.
2. Surface Z need not be planar or coincident with the surface under the 
plug release catch. Surface Z projections must not prevent insertion, 
latching, and unlatching of the standard 8-position plug on Figure 
68.500(i)(2)(i).
3. The preferred plug stop surface is indicated. If some other internal 
feature is used as a plug stop, it must be located so that the axial 
movement of a latched plug is no greater than 1.1430 mm (.045) inch.
4. To prevent mistargeting between the plug and jack contacts, the jack 
contacts should be completely contained in their individual contact 
zones, (.7112 mm (.028 inch) max wide), where they extend into the jack 
openings. There is no location requirement for jack contacts below these 
zones (5.8420 mm (.230 inch) max), but adequate contact separation must 
be maintained to prevent electrical breakdown. These shaded contact 
zones should be centrally located, (include all locating tolerances), 
about the jack opening width 11.9126 mm (.469 inch) Ref, (Datum-W-). 
Contacts located outside of these zones may result in mistargeting 
between the jack and plug contacts.
5. All inside and outside corners in the plug cavity to be .3810 mm 
(.015 inch) radius max unless specified.
6. These surfaces shall have 0 deg.15' maximum draft.
7. Relief inside the dotted areas on both sides of the jack opening is 
permitted. The 6.8326 mm (.269 inch) Ref and 11.9126 mm (.469 inch) Ref 
Gauge Requirements must be maintained in each of the corners indicated, 
(Ref. 1.5240 mm (.060 inch) min), to assure proper plug/jack interface 
guidance.
8. 4.0640 mm (.160 inch) and 6.2992 mm (.248 inch) dimensions to be 
centrally located to jack opening width -W- within .1270 mm 
(.005).
9. The contact lengths shall be such that the contacts will always be 
contained inside the guide slots and the contacts must move freely in 
the slots so as not to restrain plug insertion or damage jack contacts.
10. Gauge Requirements:

    GO: The jack shall be capable of accepting and 11.78560  x  6.70560 
mm (.4640  x  .2640 inch) gauge and the gauge shall be capable of being 
removed with a maximum force of 8.9 newtons (2.0 pounds).
    NO GO: The jack shall not accept either a 12.03960  x  6.4516 mm 
(.4740  x  .254 inch) horizontal width of opening gauge or a 6.95960  x  
11.5824 mm (.2740  x  .456 inch) vertical height of opening gauge. 
However, if the gauge is accepted, the force necessary to remove the 
gauge shall be minimum of .83 newtons (3.0 ounces).
    Removal forces do not include forces contributed by contact springs 
nor shall external forces be applied to the jack that will affect these 
removal forces.
    Gauges shall have a .7620 mm (.030 inch) radius on the nose and a 
.3810 mm (.015 inch) radius on all edges with clearance provided for 
contracts.

[41 FR 28699, July 12, 1976, as amended at 45 FR 52151, Aug. 6, 1980; 50 
FR 27251, July 2, 1985; 58 FR 44907, Aug. 25, 1993; 62 FR 36465, July 8, 
1997]



Sec. 68.502  Configurations.

    This section describes connection configurations which telephone 
subscribers may request their local telephone company to provide, in 
accordance with Sec. 68.104 of these rules. In the absence of a request 
for a specific jack configuration, the telephone company shall install 
the standard jack depicted in Sec. 68.502(a)(1). The listed 
configurations are for connections to be made by the telephone company 
to the standard jacks specified in this subpart. Plugs on registered 
terminal equipment and registered protective circuitry shall be wired so 
as to be compatible with the jack connections specified herein. The 
following nomenclature is used in this section:

T/R--Connections to the ``tip'' and ``ring'' wires of a telephone 
communications line, trunk, channel or facility.
A/A1--Connections to the ``hold'' functions of key telephone systems 
which use such connections. In such systems, the ``A'' lead 
corresponding to a particular telephone line is shorted to the ``A1'' 
lead when that line is placed in the ``off-hook'' state to permit proper 
operation of the ``hold'' functions associated with that line.
MB/MB1--Connections to leads implementing a make-busy feature where 
required. The MB lead is shorted by the terminal equipment to the MB1 
lead when the corresponding telephone line is to be placed in an 
unavailable, or artificially busy condition.
Bridged--A bridged connection is a parallel connection.

[[Page 370]]

Data--Data configurations are those which use jacks incorporating 
components to limit signal power levels of data equipment. Data 
equipment with a maximum signal power output of -9 dBm may be connected 
to other than data configurations. See Sec. 68.308 of these rules.


A ``USOC'' (Universal Service Ordering Code) is specified for each 
configuration. These USOCs are generic telephone company service 
ordering codes. If a telephone subscriber wishes to have the telephone 
company install a standard jack other than the one depicted in 
Sec. 68.502(a)(1) below, he shall specify the appropriate USOC when 
requesting the installations.
    (a) Bridged configurations other than data; single line 
connections--(1) Bridged T/R; 6-position jack.

Electrical Network Connection: Single line bridged tip and ring only--
Conductors 1, 2, 5 and 6 are reserved for telephone company use.
Universal Service Order Code (USOC): RJ11W for Portable Wall-Mounted 
equipment--RJ11C all others.
Mechanical Arrangement: Miniature 6 position jack.
Typical Usage: Single line non-key telephone, ancillary devices, PBXs 
and key telephone systems.
Wiring Diagram:
[GRAPHIC] [TIFF OMITTED] TC02JN91.068

    (2) Bridged T/R; 3-position weatherproof jack.

Electrical Network Connection: Single line bridged tip and ring.
Universal Service Order Code: RJ15C.
Mechanical Arrangement: 3 position weatherproof jack.
Typical Usage: Providing telephone service to boats in marinas.
Wiring Diagram:

[[Page 371]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.069


    (3) Bridged T/R with make-busy arrangement; 6-position jack.

Electrical Network Connection: Single-line bridged tip and ring only 
with MB/MB1 leads. Conductors 2 and 5 are reserved for telephone company 
use.
Universal Service Order Code (USOC): RJ18W for portable wall-mounted 
equipment--RJ18C for all others.
Mechanical Arrangement: Miniature 6-position jack.
Typical Usage: Single-line non-key telephone and ancillary devices 
connected directly to central office lines, where a make-busy 
requirement is needed.
Wiring Diagram:

[[Page 372]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.070


    (b) Series configurations--(1) Series T/R ahead of all station 
equipment; 8-position series jack.

Electrical Network Connection: Series tip and ring ahead of all station 
equipment. Conductors 2, 3, 6 and 7 are reserved for telephone company 
use.
Universal Service Order Code (USOC): RJ31X.
Mechanical Arrangement: Miniature 8 position series jack.
Typical Usage: Alarm reporting devices.
Wiring Diagram:

[[Page 373]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.071


    (2) [Reserved]
    (3) Series single-line tip and ring ahead of all station equipment; 
8-position series jack equipped with continuity circuit.

Electrical Network Connection: Series tip and ring ahead of all station 
equipment with continuity circuit. Conductors 3 and 6 are reserved for 
telephone company use.
Universal Service Order Code (USOC): RJ38X.
Mechanical Arrangement: Miniature 8-position series jack.
Typical Usage: Alarm reporting devices.
Wiring Diagram:

[[Page 374]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.072


    (c) Two-line configurations--(1) Bridged T/R; 6-position jack.

Electrical Network Connection: Two line bridged tip and ring.
Universal Service Order Code (USOC): RJ14W for Portable Wall-Mounted 
equipment--RJ14C for all others.
Mechanical Arrangement: Miniature 6-position jack.
Typical Usage: Two line non-key telephone sets and ancillary devices.
Wiring Diagram:

    Note:  The telephone company will wire the lines to the jack in the 
sequence designated by the customer.


[[Page 375]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.073


    (d) Multiple-line bridged configurations--(1) Up to 25 bridged T/R; 
50-position jack.

Electrical Network Connection: Multiple line bridged tip and ring.
Universal Service Order Code (USOC): RJ21X.
Mechanical Arrangement: 50-position miniature ribbon jack.
Typical Usage: Traffic data recording systems, PBXs and key telephone 
systems.
Wiring Diagram:

    Note:  At the time the jack is ordered the customer must specify the 
sequence in which the central office lines are to be connected to the 
jack. The telephone company will consecutively wire these lines to the 
jack as shown below without skipping any positions.


[[Page 376]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.074


    (2) Bridged multiple-line 50-position T/R with make-busy 
arrangement.

Electrical Network Connection: Multiple line bridge tip and ring with 
MB/MB1 leads for make-busy indication.
Universal Service Ordering Code (USOC): RJ2MB.
Mechanical Arrangement: 50-position miniature ribbon jack.
Typical Usage: 2-12 non-key telephone and ancillary devices connected 
directly to central office lines where a make-busy requirement is 
needed.
Wiring Diagram:
[GRAPHIC] [TIFF OMITTED] TC02JN91.075


[[Page 377]]


    (e) Data configurations. There are two categories of data 
configurations, which may be implemented either on an 8 position keyed 
data jack, or on a 50 position unkeyed ribbon jack. These are: a 
``universal'' configuration, which incorporates both a programming 
resistor (for programmed data signal power limiting) and an attenuator 
(for ``fixed-loss loop'' data signal power limiting), and a 
``programmed'' configuration, which incorporates a programming resistor, 
but not an attenuator. The programming resistor is selected as follows:

    The proper programming resistor (Rp) shall be selected by the 
telephone company at the time of installation based upon the loop loss 
of the telephone line to arrive at the optimum signal power level of -12 
dBm at the central office. The table shown below gives the required 
signal power output for the programmed data equipment for each value of 
the programming resistor.

                                                                        
------------------------------------------------------------------------
                                                        Programmed Data 
              Programming Resistor (Rp)*                Equipment Signal
                                                         Power Output** 
------------------------------------------------------------------------
short................................................              0 dbm
150 ohms.............................................             -1 dbm
336 ohms.............................................             -2 dbm
569 ohms.............................................             -3 dbm
866 ohms.............................................             -4 dbm
1,240 ohms...........................................             -5 dbm
1,780 ohms...........................................             -6 dbm
2,520 ohms...........................................             -7 dbm
3,610 ohms...........................................             -8 dbm
5,490 ohms...........................................             -9 dbm
9,200 ohms...........................................            -10 dbm
19,800 ohms..........................................            -11 dbm
open.................................................            -12 dbm
------------------------------------------------------------------------
*  Tolerance of Rp is  1%.                                  
**  Tolerance of programmed data equipment signal power output is  1 dB.                                                          

    The voltages impressed on resistor Rp by the data equipment shall be 
such as not to cause power dissipation in Rp in excess of 50 milliwatts.
    The circuit shown below was used in calculating values of the 
programming resistors and may be useful in implementing the automatic 
control of signal power output in the programmed data equipment.
[GRAPHIC] [TIFF OMITTED] TC02JN91.076

    R1 is the source impedance for the input signal Vin, and also the 
terminating impedance of the load. RS is a series resistance, 
on which the computation of the programming resistor Rp is based. The 
table of values of Rp is derived for R1=600 ohms; 
RS=3600 ohms.
    In ``universal'' configurations, the proper attenuator shall be 
installed or adjusted by the telephone company at the time of 
installation, based upon the loop loss of the telephone line, to arrive 
at the optimum power level of -12 dBm at the central office, with a data 
device maximum signal power level of -4 dBm.
    The switch which is incorporated in ``universal'' configurations 
shall be operated to the position appropriate for the type of data 
equipment which is connected.

    (1) Bridged T/R; 8-position keyed data jack--Universal.

Electrical Network Connection: Single line bridged tip and ring.
Universal Service Order Code: RJ41S.
Mechanical Arrangement: Single miniature 8-position keyed jack for 
surface mounting.

[[Page 378]]

Typical Usage: Universal jack for fixed loss loop (FLL) or programmed 
(P) types of data equipment.
Wiring Diagram:
[GRAPHIC] [TIFF OMITTED] TC02JN91.077

    (2) Bridged T/R; 8-position keyed data jack--Programmed.

Electrical Network Connection: Single line bridged tip and ring.
Universal Service Order Code: RJ45S.
Mechanical Arrangement: Single miniature 8-position keyed jack for 
surface mounting.
Typical Usage: Programmed data equipment.
Wiring Diagram:
[GRAPHIC] [TIFF OMITTED] TC02JN91.078


[[Page 379]]


    (3) Multiple bridged T/R; 8-position keyed data jack--Universal.

Electrical Network Connection: Multiple line bridged tip and ring.
Universal Service Order Code: RJ41M.
Mechanical Arrangement: Up to 8 miniature 8-position keyed jacks in 
multiple mounting arrangement.
Typical Usage: Multiple installations of fixed loss loop or programmed 
types of data equipment.
Wiring Diagram: Multiple arrangement of Sec. 68.502(e)(1).

    (4) Multiple bridged T/R; 8-position keyed data jack--Programmed.

Electrical Network Connection: Multiple line bridged tip and ring.
Universal Service Order Code: RJ45M.
Mechanical Arrangement: Up to 8 miniature 8-position keyed jacks in 
multiple mounting arrangement.
Typical Usage: Multiple installations of programmed types of data 
equipment.
Wiring Diagram: Multiple arrangement of Sec. 68.502(e)(2).

    (5) Bridged T/R; 50-position ribbon jack--Universal.

Electrical Network Connection: Single or multiple line bridged tip and 
ring.
Universal Service Order Code: RJ26X.
Mechanical Arrangement: 50-position miniature ribbon jack.
Typical Usage: Universal jack for fixed loss loop (FLL) or programmed 
(P) types of data equipment.
Wiring Diagram:
[GRAPHIC] [TIFF OMITTED] TC02JN91.079


                                                                        
------------------------------------------------------------------------
                                                         Position       
                                                 -----------------------
                      Line                          FLL      P          
                                                 ---------------- PR  PC
                                                   T   R   T   R        
------------------------------------------------------------------------
1...............................................  26   1  27   2  28   3
2...............................................  29   4  30   5  31   6
3...............................................  32   7  33   8  34   9
4...............................................  35  10  36  11  37  12
5...............................................  38  13  39  14  40  15
6...............................................  41  16  42  17  43  18
7...............................................  44  19  45  20  46  21
8...............................................  47  22  48  23  49  24
------------------------------------------------------------------------
Note: At the time the jack is ordered, the customer shall specify the   
  number of and sequence of central office lines to be connected to the 
  jack. The telephone company will consecutively wire these lines to the
  jack in accordance with the table above, without skipping any         
  positions.                                                            

    (6) Bridged T/R; 50-position ribbon jack--Programmed.

Electrical Network Connection: Single or multiple line bridged tip and 
ring.
Universal Service Order Code: RJ27X.
Mechanical Arrangement: 50-position miniature ribbon jack.
Typical Usage: Programmed jack for programmed (P) types of data 
equipment.
Wiring Diagram:

[[Page 380]]

[GRAPHIC] [TIFF OMITTED] TC02JN91.080



                                                                        
------------------------------------------------------------------------
                                                             Position   
                                                         ---------------
                          Line                               P          
                                                         -------- PR  PC
                                                           T   R        
------------------------------------------------------------------------
1.......................................................  27   2  28   3
2.......................................................  30   5  31   6
3.......................................................  33   8  34   9
4.......................................................  36  11  37  12
5.......................................................  39  14  40  15
6.......................................................  42  17  43  18
7.......................................................  45  20  46  21
8.......................................................  48  23  49  24
------------------------------------------------------------------------
Note: At the time the jack is ordered, the customer shall specify the   
  number of and sequence of central office lines to be connected to the 
  jack. The telephone company will consecutively wire these lines to the
  jack in accordance with the table above, without skipping any         
  positions.                                                            

    (f) Multiple line series configurations--(1) Up to eight (8) 
position jacks. Multiple series jacks in this category consist of 
multiple arrangements of configurations specified in paragraph (b) of 
this section, in a multiple mounting arrangement. Such multiple 
arrangements may be ordered as a unit under the following:

Universal Service Order Code: RJ31M: Multiple series T/R ahead of all 
station equipment (reference Sec. 68.502(b)(1)).

[41 FR 28699, July 12, 1976, as amended at 44 FR 7959, Feb. 8, 1979; 46 
FR 38516, July 28, 1981; 50 FR 47549, Nov. 19, 1985; 50 FR 49930, Dec. 
6, 1985; 51 FR 951, Jan. 9, 1986]



Sec. 68.504  Universal patent license agreement.

                   UNIVERSAL PATENT LICENSE AGREEMENT

    Effective as of -------- WESTERN ELECTRIC COMPANY, INCORPORATED, a 
New York corporation (``WESTERN''), having an office at 222 Broadway, 
New York, New York 10038, and ---------------- (``the CORPORATION''), 
having an office at ---------------- agree as follows:

                         Article I--Definitions

    1.01  Terms in this agreement (other than technical terms, names of 
parties, companies and Article headings) which are in capital letters 
shall have the meanings specified in the General Definitions Appendix, 
and technical terms in this agreement which are in capital letters shall 
have the meanings specified in the Technical Definitions Appendix.

              Article II--Grants of Licenses and Immunities

    2.01  WESTERN grants to the CORPORATION under WESTERN'S PATENTS 
nonexclusive licenses for products of the following kinds:
 _______________________________________________________________________
________________________________________________________________________
________________________________________________________________________
    2.02  All licenses herein granted shall commence on the effective 
date hereof and, except as provided in Article V and notwithstanding the 
expiration of the FIVE YEAR PERIOD, shall continue for the entire terms 
that the patents under which they are granted are in force or for that 
part of such terms for which WESTERN has the right to grant such 
licenses.

[[Page 381]]

    2.03  WESTERN grants under all patents issued in countries other 
than the United States and owned or controlled by AMERICAN TELEPHONE AND 
TELEGRAPH COMPANY, a New York corporation (``AT&T''), WESTERN or their 
SUBSIDARIES, royalty-free immunity relating to the sale, lease or use 
in, or the importation into, such other countries of LICENSED PRODUCTS, 
and maintenance parts therefor, manufactured under the licenses granted 
under WESTERN'S PATENTS: provided, however, that nothing in this section 
2.03 shall relieve the CORPORATION of its obligation to pay any royalty 
which may be predicated upon such manufacture of any such LICENSED 
PRODUCT or part, whether or not the first sale, lease or use thereof 
occurs outside of the United States.
    2.04  The licenses granted for LICENSED PRODUCTS are licenses to 
make, have made, use, lease and sell such LICENSED PRODUCTS. Such 
licenses include the rights to maintain LICENSED PRODUCTS, to practice 
methods and processes involved in the use of LICENSED PRODUCTS and to 
make and have made, to use and have used, and to maintain machines, 
tools, materials and other instrumentalities, and to use and have used 
methods and processes, insofar as such machines, tools, materials, other 
instrumentalities, methods and processes are involved in or incidental 
to the development, manufacture, installation, testing or repair of 
LICENSED PRODUCTS.
    2.05  The grant of each license to the CORPORATION includes the 
right to grant sublicenses within the scope of such license to its 
SUBSIDIARIES. Such right may be exercised at any time prior to 
termination or cancellation of the corresponding license under the 
provisions of Article V. Any such sublicenses granted to any present 
SUBSIDIARY may be made effective, retroactively, as of the effective 
date hereof, and any such sublicenses granted to any future SUBSIDIARY 
may be made effective, retroactively, as of the date such company became 
a SUBSIDIARY.
    2.06  It is recognized that WESTERN or any of its ASSOCIATED 
COMPANIES may have entered into or may hereafter enter into a contract 
with a national government to do development work financed by such 
government and may be required under such contract (either 
unconditionally or by reason of any action or inaction thereunder) to 
assign to such government its rights to grant, or may now or hereafter 
be restrained by such government from granting, licenses or immunities 
to others than its ASSOCIATED COMPANIES under patents for inventions 
arising out of such work or covered by such contract. The resulting 
inability of WESTERN to grant the licenses or immunities purported to be 
granted by it under patents for such inventions shall not be considered 
to be a breach of this agreement, if:

(i) Such contract is for the benefit of such government's military or 
national defense establishment or the Energy Research and Development 
Administration of the United States Government or the National 
Aeronautics and Space Administration of the United States Government, or
(ii) In cases other than (i), such contract is with the United States 
Government or any agency of and within such Government, and any such 
requirement or restraint is pursuant to a statute or officially 
promulgated regulation of such Government or agency applicable to such 
contract;

provided, however, that

(iii) WESTERN (or, if an ASSOCIATED COMPANY thereof has entered into 
such contract, such ASSOCIATED COMPANY) shall exert its best efforts to 
enable WESTERN to grant the licenses or immunities herein purported to 
be granted by it under such patents; and
(iv) Within ninety (90) days after the filing of any application for any 
such patent, WESTERN shall give written notice to the other party 
identifying such application by country, number and date of filing.

    For the purposes of this section 2.06, AT&T, WESTERN and their 
ASSOCIATED COMPANIES shall all be deemed to be ASSOCIATED COMPANIES of 
one another.

                          Article III--Royalty

    3.01  The CORPORATION shall pay to WESTERN royalty, at the 
applicable rate hereinafter specified, on each LICENSED PRODUCT, and 
maintenance part therefor, which is a ROYALTY-BEARING PRODUCT, and

(i) Which is sold, leased or put into use by the CORPORATION or any of 
its SUBSIDIARIES while any license acquired hereunder by the CORPORATION 
with respect to such ROYALTY-BEARING PRODUCT shall remain in force, or
(ii) Which is made by or for the CORPORATION or any of its SUBSIDIARIES 
while any such license shall remain in force and is thereafter sold, 
leased or put into use by the CORPORATION or any of its SUBSIDIARIES,

whether or not such SUBSIDIARIES are sublicensed pursuant to section 
2.05, such royalty rate to be applied, except as provided in section 
3.05, to the NET SELLING PRICE of such ROYALTY-BEARING PRODUCT if sold 
for a separate consideration payable wholly in money and in all other 
cases to the FAIR MARKET VALUE thereof. The royalty rates applicable to 
LICENSED PRODUCTS of the kinds specified in section 2.01, and 
maintenance parts therefor, are as follows:

[[Page 382]]

   (iii)________________________________________________________________
 _______________________________________________________________________
________________________________________________________________________
    3.02  If a LICENSED PRODUCT is a ROYALTY-BEARING PRODUCT solely on 
account of one or a limited number of WESTERN'S PATENTS, the CORPORATION 
may elect to reduce the amount of royalty otherwise payable hereunder on 
said LICENSED PRODUCT by a royalty reduction percentage, and as of an 
effective date, established by WESTERN. Upon written request from the 
CORPORATION identifying the LICENSED PRODUCT and each relevant patent, 
WESTERN will inform the CORPORATION of the royalty reduction percentage 
applicable in respect of said LICENSED PRODUCT and patent or patents and 
the effective date thereof.
    3.03  A LICENSED PRODUCT, or maintenance part therefor, which is 
made and sold by the CORPORATION or any of its SUBSIDIARIES and which is 
a ROYALTY-BEARING PRODUCT hereunder on account of one or more of 
WESTERN'S PATENTS, may be treated by the CORPORATION as not licensed and 
not subject to royalty hereunder if all of the following conditions are 
met:

(i) The purchaser is licensed under the same patent or patents, pursuant 
to another agreement, to have said LICENSED PRODUCT or part made;
(ii) The purchaser expressly advises the CORPORATION or its SUBSIDIARY, 
whichever effects the making and sale, in writing at or prior to (but in 
no event later than) the time of such sale that, in purchasing said 
LICENSED PRODUCT or part, it is exercising its own license or licenses 
under said patent or patents to have said LICENSED PRODUCT or part made; 
and
(iii) The CORPORATION retains such written advice and makes it available 
to WESTERN at the latter's request.

    3.04  Only one royalty shall be payable hereunder in respect of any 
ROYALTY-BEARING PRODUCT. Royalty shall accrue hereunder on any LICENSED 
PRODUCT, or maintenance part therefor, upon its first becoming a 
ROYALTY-BEARING PRODUCT, and the royalty thereon shall become payable in 
accordance with the provisions of this Article III upon the first sale, 
lease or putting into use thereof.
    3.05  If any sale of a ROYALTY-BEARING PRODUCT shall be made by the 
CORPORATION on a SUBSIDIARY thereof to:

(i) Any company of which the CORPORATION is a SUBSIDIARY at the time of 
such sale, or
(ii) The CORPORATION or a SUBSIDIARY thereof or any other SUBSIDIARY of 
a company of which the CORPORATION is a SUBSIDIARY at the time of such 
sale.

royalty payable hereunder shall be computed on the FAIR MARKET VALUE of 
such ROYALTY-BEARING PRODUCT,

                    Article IV--Reports and Payments

    4.01  The CORPORATION shall keep full, clear and accurate records 
with respect to ROYALTY-BEARING PRODUCTS. WESTERN shall have the right 
through its accredited auditing representatives to make an examination 
and audit, during normal business hours, not more frequently than 
annually, of all such records and such other records and accounts as may 
under recognized accounting practices contain information bearing upon 
the amount of royalty payable to it under this agreement. Prompt 
adjustment shall be made by the proper party to compensate for any 
errors or omissions disclosed by such examination or audit. Neither such 
right to examine and audit nor the right to receive such adjustment 
shall be affected by any statement to the contrary, appearing on checks 
or otherwise, unless such statement appears in a letter, signed by the 
party having such right and delivered to the other party, expressly 
waiving such right.\1\

    \1\ If licensee insists on a non-Western auditor, third line, 
insert, after ``representatives'', -or, at the election of the 
CORPORATION, through a firm of certified public accountants proposed by 
WESTERN and accepted by the CORPORATION-.
---------------------------------------------------------------------------

    4.02  (a) Within sixty (60) days after the end of each semiannual 
period ending on June 30th or December 31st, commencing with the 
semiannial period during which this agreement first becomes effective, 
the CORPORATION shall furnish to WESTERN a statement, in form acceptable 
to WESTERN, certified by a responsible official of the CORPORATION:

(i) Showing all ROYALTY-BEARING PRODUCTS, by kinds of LICENSED PRODUCTS, 
which were sold, leased or put into use during such semiannual period, 
the NET SELLING PRICES of such ROYALTY-BEARING PRODUCTS or (where 
royalty is based on FAIR MARKET VALUES) the FAIR MARKET VALUES thereof 
and the amount of royalty payable thereon (or if no such ROYALTY-BEARING 
PRODUCT has been so sold, leased or put into use, showing that fact);
(ii) Identifying, if royalty is reduced under provisions of section 
3.02, each LICENSED PRODUCT by its type and the patent or patents 
involved in such royalty reduction;

[[Page 383]]

(iii) Showing, by purchasers and kinds of LICENSED PRODUCTS, the 
monetary totals of the sales, to each purchaser exercising its own ``to 
have made'' license or licenses, of LICENSED PRODUCTS and maintenance 
parts in transactions of the character described in section 3.03; and
(iv) Identifying all transactions of the character described in section 
3.05.

    (b) Within such sixty (60) days the CORPORATION shall, irrespective 
of its own business and accounting methods, pay to WESTERN the royalties 
payable for such semiannual period.
    (c) Notwithstanding the provisions of section 6.03(a)(v), the 
CORPORATION shall furnish whatever additional information WESTERN may 
reasonably prescribe from time to time to enable WESTERN to ascertain 
which LICENSED PRODUCTS (and maintenance parts therefor) sold, leased or 
put into use by the CORPORATION or any of its SUBSIDIARIES are subject 
to the payment of royalty to WESTERN, and the amount of royalty payable 
thereon.
    4.03  Royalty payments provided for in this agreement shall, when 
overdue, bear interest at an annual rate of one percent (1%) over the 
prime rate or successive prime rates in effect in New York City during 
delinquency.
    4.04  Payment to WESTERN shall be made in United States dollars to 
WESTERN'S Treasury Organization at 222 Broadway, New York, New York 
10038, or at such changed address as WESTERN shall have specified by 
written notice. If any royalty for any semiannual period referred to in 
section 4.02 is computed in other currency, conversion to United States 
dollars shall be at the prevailing rate for bank cable transfers on New 
York City as quoted for the last day of such semiannual period by 
leading banks dealing in the New York City foreign exchange market.

           Article V--Termination, Cancellation and Surrender

    5.01  (a) If the CORPORATION shall fail to fulfill one or more of 
its obligations under ARTICLES III or IV, WESTERN may, upon election and 
in addition to any other remedies that it may have, at any time 
terminate all licenses and rights granted to the CORPORATION hereunder, 
by not less than six (6) months' written notice to the CORPORATION 
specifying any such breach, unless within the period of such notice all 
breaches specified therein shall have been remedied.
    (b) Termination by WESTERN of licenses and rights granted to the 
CORPORATION shall terminate the obligations of the CORPORATION under the 
provisions of Articles III and IV relating to such terminated licenses 
and rights, except such obligations as to ROYALTY-BEARING PRODUCTS made, 
sold, leased or put into use prior to such termination.
    5.02  By written notice to WESTERN, the CORPORATION may cancel the 
licenses for any specified products granted hereunder to it under 
WESTERN'S PATENTS. Such cancellation shall be effective as of the date 
of giving said notice but shall not relieve the CORPORATION of its 
obligation to pay accrued royalties with respect to such specified 
products.
    5.03  By written notice to WESTERN, specifying any of WESTERN'S 
PATENTS by number and date of issuance, the CORPORATION may surrender 
and terminate all licenses and rights granted to it under such specified 
patent or patents or under any specified invention or inventions 
thereof. Such surrender and termination shall be effective as of a date 
specified in said notice which shall not be more than six (6) months 
prior to the date of giving said notice. As of said effective date, such 
specified patent or patents or invention or inventions shall cease to be 
among, or among the inventions of, WESTERN'S PATENTS for the purposes of 
this agreement without affecting obligations in respect of royalties 
accrued prior to said effective date.
    5.04  (a) Every sublicense granted by the CORPORATION shall 
terminate with termination or cancellation of its corresponding license.
    (b) Any sublicenses granted shall terminate if and when the grantee 
thereof ceases to be a SUBSIDIARY of the CORPORATION. Each LICENSED 
PRODUCT and each maintenance part, made by or for a SUBSIDIARY of the 
CORPORATION, and on which royalty has accrued but which remains not 
sold, leased or put into use at the time such SUBSIDIARY ceases to be a 
SUBSIDIARY of the CORPORATION, shall be deemed to have been put into use 
by such SUBSIDIARY immediately prior to such time at the place said 
LICENSED PRODUCT or part is then located.
    5.05  Licenses, immunities and rights with respect to each LICENSED 
PRODUCT, and each maintenance part, made, sold, leased or put into use 
prior to any termination or cancellation under the provisions of this 
Article V shall survive such termination or cancellation.

                  Article VI--Miscellaneous Provisions

    6.01  (a) WESTERN shall, upon written request from the CORPORATION 
sufficiently identifying any patent by country, number and date of 
issuance, inform the CORPORATION as to the extent to which any such 
patent is subject to the licenses, immunities and rights granted to the 
CORPORATION.
    (b) If such licenses, immunities or rights under any such patent are 
restricted in scope, copies of all pertinent provisions of

[[Page 384]]

any contract (other than provisions of a contract with a government to 
the extent that disclosure thereof is prohibited under the government's 
laws or regulations) creating such restrictions shall, upon request, be 
furnished to the CORPORATION.
    6.02  Upon written request from the CORPORATION, WESTERN shall 
inform the CORPORATION which of WESTERN'S PATENTS cover inventions under 
which the United States Government holds a royalty-free license.
    6.03  (a) Nothing contained in this agreement shall be construed as:

(i) Requiring the filing of any patent application, the securing of any 
patent or the maintaining of any patent in force; or
(ii) A warranty or representation by WESTERN as to the validity or scope 
of any patent; or
(iii) A warranty or representation that any manufacture, sale, lease, 
use or importation will be free from infringement of patents other than 
those under which and to the extent to which licenses or immunities are 
in force hereunder; or
(iv) An agreement to bring or prosecute actions or suits against third 
parties for infringement; or
(v) An obligation to furnish any manufacturing or technical information 
or assistance; or
(vi) Conferring any right to use, in advertising, publicity or 
otherwise, any name, trade name or trademark, or any contraction, 
abbreviation or simulation thereof; or
(vii) Conferring by implication, estoppel or otherwise upon the 
CORPORATION any license or other right under any patent, except the 
licenses and rights expressly granted to the CORPORATION; or
(viii) An obligation upon WESTERN to make any determination as to the 
applicability of any patent to any product of the CORPORATION or any of 
its SUBSIDIARIES; or
(ix) A release for any infringement prior to the effective date hereof.

    (b) Neither WESTERN nor AT&T makes any representations, extends any 
warranties of any kind or assumes any responsibility whatever with 
respect to the manufacture, sale, lease, use or importation of any 
LICENSED PRODUCT, or part therefor, by the CORPORATION, any of its 
SUBSIDIARIES, or any direct or indirect supplier or vendee or other 
transferee of any such company, other than the licenses, immunities and 
rights expressly herein granted.
    6.04  Neither this agreement nor any licenses or rights hereunder, 
in whole or in part, shall been assignable or otherwise transferable.
    6.05  Any notice, request or information shall be deemed to be 
sufficiently given when sent by registered mail addressed to the 
addressee at its office above specified (and when addressed to WESTERN 
to the attention of its Patent Licensing Organization) and any royalty 
statement shall be deemed to be sufficiently furnished when sent by 
registered mail addressed to WESTERN'S Treasury Organization at 222 
Broadway, New York, New York 10038, or at such changed address as the 
addressee shall have specified by written notice.
    6.06  This agreement sets forth the entire agreement and 
understanding between the parties as to the subject matter hereof and 
merges all prior discussions between them, and neither of the parties 
shall be bound by any conditions, definitions, warranties, 
understandings or representations with respect to such subject matter 
other than as expressly provided herein, or in any prior existing 
written agreement between the parties, or as duly set forth on or 
subsequent to the effective date hereof in writing and signed by a 
proper and duly authorized representative of the party to be bound 
thereby.
    6.07  The construction and performance of this agreement shall be 
governed by the law of the State of New York.
    IN WITNESS WHEREOF, each of the parties has caused this agreement to 
be executed in duplicate originals by its duly authorized 
representatives on the respective dates entered below.
WESTERN ELECTRIC COMPANY, INCORPORATED
 By_____________________________________________________________________
                                        Director of Patent Licensing    
          ______________________________________________________________
                                                                Date    
[SEAL]
                                                             Attest:    
          ______________________________________________________________
                                                           Secretary    
By______________________________________________________________________
 Title__________________________________________________________________
           _____________________________________________________________
                                                                Date    
[SEAL]
Attest:    
          ______________________________________________________________
                                                           Secretary    

                      General Definitions Appendix

    FAIR MARKET VALUE means the NET SELLING PRICE which the CORPORATION 
or any of its SUBSIDIARIES, whichever effects the sale, lease or use of 
the product or maintenance part, would realize from an unaffiliated 
buyer in an arm's length sale of an identical product or maintenance 
part in the same quantity and at the same time and place as such sale, 
lease or use.
    FIVE YEAR PERIOD means the period commencing on the effective date 
of this agreement and having a duration of five years.
    LICENSED PRODUCT means:
(i) Any product as such, or

[[Page 385]]

(ii) Any product which is any specified combination, of the kinds listed 
in section 2.01 of this agreement. Although the term does not mean, and 
although licenses are not granted for any other combination, a LICENSED 
PRODUCT
(iii) Shall not lose its status as such on account of, and
(iv) Shall not cause an unlicensed combination to infringe WESTERN'S 
PATENTS solely on account of, such LICENSED PRODUCT being made, sold, 
leased or put into use as part of an unlicensed combination.

    NET SELLING PRICE means the gross selling price of the ROYALTY-
BEARING PRODUCT in the form in which it is sold, whether or not 
assembled (and without excluding therefrom any components or 
subassemblies thereof, whatever their origin and whether or not patent 
impacted), less the following items but only insofar as they pertain to 
the sale of such ROYALTY-BEARING PRODUCT by the CORPORATION or any of 
its SUBSIDIARIES and are included in such gross selling price:

(i) Usual trade discounts actually allowed (other than cash discounts, 
advertising allowances, or fees or commissions to any employees of the 
CORPORATION, a SUBSIDIARY of the CORPORATION, a company of which the 
CORPORATION is a SUBSIDIARY at the time of the sale, or any other 
SUBSIDIARY of a company of which the CORPORATION is a SUBSIDIARY at the 
time of such sale);
(ii) Packing costs;
(iii) Import, export, excise and sales taxes, and customs duties;
(iv) Costs of insurance and transportation from the place of manufacture 
to the customer's premises or point of installation;
(v) Costs of installation at the place of use; and
(vi) Costs of special engineering services not incident to the design or 
manufacture of the ROYALTY-BEARING PRODUCT.

    ROYALTY-BEARING PRODUCT means any LICENSED PRODUCT, and any 
maintenance part therefor,

(i) Which upon manufacture includes, or the manufacture of which 
employs, any invention of any of WESTERN'S PATENTS in force at the time 
and place of such manufacture, or
(ii) Which includes when sold, leased or put into use, or the use of 
which employs, any invention of any of WESTERN'S PATENTS in force at the 
time and place of such sale, lease or use,

other than

(iii) Inventions under which the United States Government holds a 
royalty-free license if such LICENSED PRODUCT or part is contracted for, 
directly or indirectly, by the United States Government, or by another 
national government with funds derived through the Military Assistance 
Program or otherwise through the United States Government, and
(iv) Inventions employed in the manufacture of, or included in, such 
LICENSED PRODUCT or any original part thereof, or such maintenance part 
therefor or any original part thereof, by a direct or indirect supplier 
of the CORPORATION or any of its SUBSIDIARIES, but only to the extent 
such supplier has exercised its own licenses granted by WESTERN under 
patents for such inventions to so employ or include said inventions.

    SUBSIDIARY means a company the majority of whose stock entitled to 
vote for election of directors is now or hereafter controlled by the 
parent company either directly or indirectly, but any such company shall 
be deemed to be a SUBSIDIARY only so long as such control exists.
    WESTERN'S PATENTS means all patents issued at any time in the United 
States for:

(i) Inventions made prior to the termination of the FIVE YEAR PERIOD and 
owned or controlled at any time during the FIVE YEAR PERIOD by AT&T, 
WESTERN or any of their SUBSIDIARIES,
(ii) Inventions made during the FIVE YEAR PERIOD, solely or jointly with 
anyone, and in the course of their employment by employees of any such 
company who are employed to do research, development or other inventive 
work, and
(iii) Any other inventions made prior to the termination of the FIVE 
YEAR PERIOD, with respect to which and to the extent to which any such 
company shall at any time during the FIVE YEAR PERIOD have the right to 
grant the licenses and rights which are herein granted by WESTERN:

provided, however, that said patents do not include those issued for 
inventions made by employees of any SUBSIDIARY of WESTERN or AT&T 
exclusively engaged in the performance of contracts with the Energy 
Research and Development Administration of the United States.

                     Technical Definitions Appendix

 _______________________________________________________________________
________________________________________________________________________
________________________________________________________________________

                   BILATERAL PATENT LICENSE AGREEMENT

    Effective as of -------- WESTERN ELECTRIC COMPANY, INCORPORATED, a 
New York corporation (``WESTERN''), having an office at 222 Broadway, 
New York, New York

[[Page 386]]

10038, and ---------------- (``the CORPORATION'') having an office at --
-------------- agree as follows:

                         Article I--Definitions

    1.01  Terms in this agreement (other than technical terms, names of 
parties, companies and Article headings) which are in capital letters 
shall have the meanings specified in the General Definitions Appendix, 
and technical terms in this agreement which are in capital letters shall 
have the meanings specified in the Technical Definitions Appendix.

              Article II--Grants of Licenses and Immunities

    2.01  WESTERN grants to the CORPORATION under WESTERN'S PATENTS 
nonexclusive licenses for products of the following kinds:
    2.02  The CORPORATION grants to WESTERN and to AMERICAN TELEPHONE 
AND TELEGRAPH COMPANY, a New York corporation (``AT&T''), severally, 
under the CORPORATION'S PATENTS nonexclusive royalty-free licenses for 
products of the following kinds:
 _______________________________________________________________________
________________________________________________________________________
________________________________________________________________________
    2.03  All licenses herein granted shall commence on the effective 
date hereof and, except as provided in Article VI and notwithstanding 
the expiration of the FIVE YEAR PERIOD, shall continue for the entire 
terms that the patents under which they are granted are in force or for 
that part of such terms for which the grantor has the right to grant 
such licenses.
    2.04  (a) WESTERN grants under all patents issued in countries other 
than the United States and owned or controlled by AT&T, WESTERN or their 
SUBSIDIARIES, royalty-free immunity relating to the sale, lease or use 
in, or the importation into, such other countries of LICENSED PRODUCTS, 
and maintenance parts therefor, manufactured under the licenses granted 
under WESTERN'S PATENTS; provided, however, that nothing in this section 
2.04(a) shall relieve the CORPORATION of its obligation to pay any 
royalty which may be predicated upon such manufacture of any such 
LICENSED PRODUCT or part, whether or not the first sale, lease or use 
thereof occurs outside of the United States.
    (b) The CORPORATION grants under all patents issued in countries 
other than the United States and owned or controlled by it or its 
ASSOCIATED COMPANIES, royalty-free immunity relating to the sale, lease 
or use in, or the importation into, such other countries of LICENSED 
PRODUCTS, and maintenance parts therefor, manufactured under the 
licenses granted under the CORPORATION'S PATENTS.
    2.05  The licenses granted for LICENSED PRODUCTS are licenses to 
make, have made, use, lease and sell such LICENSED PRODUCTS. Such 
licenses include the rights to maintain LICENSED PRODUCTS, to practice 
methods and processes involved in the use of LICENSED PRODUCTS and to 
make and have made, to use and have used, and to maintain machines, 
tools, materials and other instrumentalities, and to use and have used 
methods and processes, insofar as much machines, tools, materials, other 
instrumentalities, methods and processes are involved in or incidental 
to the development, manufacture, installation, testing or repair of 
LICENSED PRODUCTS.
    2.06  The grant of each license to the CORPORATION includes the 
right to grant sublicenses within the scope of such license to its 
SUBSIDIARIES. The grant of each license to WESTERN or AT&T includes the 
right to grant sublicenses within the scope of such license to its 
ASSOCIATED COMPANIES. Such right of either party or AT&T may be 
exercised at any time prior to termination or cancellation of the 
corresponding license under the provisions of Article VI. Any such 
sublicenses granted to any present SUBSIDIARY or any present ASSOCIATED 
COMPANY may be made effective, retroactively, as of the effective date 
hereof, and any such sublicenses granted to any future SUBSIDIARY or any 
future ASSOCIATED COMPANY may be made effective, retroactively, as of 
the date such company became a SUBSIDIARY or an ASSOCIATED COMPANY.

                  Article III--Acquisition and Warranty

    3.01  WESTERN and the CORPORATION shall each acquire rights to 
inventions made during the FIVE YEAR PERIOD which relate to the subject 
matter of licenses granted and are made, in the course of their 
employment, either solely or jointly with anyone, by its or its 
ASSOCIATED COMPANIES employees (and in the case of WESTERN'S obligation, 
by employees of AT&T or its SUBSIDIARIES) who are employed to do 
research, development or other inventive work, such that each grantee 
shall by virtue of this agreement, receive in respect of patents issued 
for such inventions, licenses and rights of the scope and upon the terms 
herein provided to be granted to such grantee.
    3.02  WESTERN and, except as may be stated in a letter from the 
CORPORATION to WESTERN referring to this agreement and delivered before 
or concurrently with the execution hereof by WESTERN, the CORPORATION 
each warrants that there are no commitments or restrictions which will 
limit the licenses and rights granted by it under patents issued at any 
time for inventions owned at any time during the FIVE

[[Page 387]]

YEAR PERIOD by it or any of its ASSOCIATED COMPANIES (and in the case of 
WESTERN'S warranty, by AT&T or any of its SUBSIDIARIES).
    3.03  It is recognized that either party or any of its ASSOCIATED 
COMPANIES may have entered into or may hereafter enter into a contract 
with a national government to do development work financed by such 
government and may be required under such contract (either 
unconditionally or by reason of any action or inaction thereunder) to 
assign to such government its rights to grant, or may now or hereafter 
be restrained by such government from granting, licenses or immunities 
to others than its ASSOCIATED COMPANIES under patents for inventions 
arising out of such work or covered by such contract. The resulting 
inability of such party to grant the licenses or immunities purported to 
be granted by it under patents for such inventions shall not be 
considered to be a breach of this agreement, if:

(i) Such contract is for the benefit of such government's military or 
national defense establishment or the Energy Research and Development 
Administration of the United States Government or the National 
Aeronautics and Space Administration of the United States Government, or
(ii) In cases other than (i), such contract is with the United States 
Government or any agency of and within such Government, and any such 
requirement or restraint is pursuant to a statute or officially 
promulgated regulation of such Government or agency applicable to such 
contract;

provided, however, that:

(iii) Such party (or, if an ASSOCIATED COMPANY thereof has entered into 
such contract, such ASSOCIATED COMPANY) shall exert its best efforts to 
enable such party to grant the licenses or immunities herein purported 
to be granted by it under such patents; and
(iv) Within ninety (90) days after the filing of any application for any 
such patent, such party shall give written notice to the other party 
identifying such application by country, number and date of filing.

    For the purposes of this section 3.03, AT&T, WESTERN and their 
ASSOCIATED COMPANIES shall all be deemed to be ASSOCIATED COMPANIES of 
one another, and the CORPORATION and its ASSOCIATED COMPANIES shall be 
deemed to be ASSOCIATED COMPANIES of one another.

                           Article IV--Royalty

    4.01  The CORPORATION shall pay to WESTERN royalty, at the 
applicable rate hereinafter specified, on each LICENSED PRODUCT, and 
maintenance part therefor, which is a ROYALTY-BEARING PRODUCT, and

(i) Which is sold, leased or put into use by the CORPORATION or any of 
its SUBSIDIARIES while any license acquired hereunder by the CORPORATION 
with respect to such ROYALTY-BEARING PRODUCT shall remain in force, or
(ii) Which is made by or for the CORPORATION or any of its SUBSIDIARIES 
while any such license shall remain in force and is thereafter sold, 
leased or put into use by the CORPORATION or any of its SUBSIDIARIES,

whether or not such SUBSIDIARIES are sublicensed pursuant to section 
2.06, such royalty rate to be applied, except as provided in section 
4.05, to the NET SELLING PRICE of such ROYALTY-BEARING PRODUCT if sold 
for a separate consideration payable wholly in money and in all other 
cases to the FAIR MARKET VALUE thereof. The royalty rates applicable to 
LICENSED PRODUCTS of the kinds specified in section 2.01, and 
maintenance parts therefor, are as follows:

   (iii)________________________________________________________________
 _______________________________________________________________________
________________________________________________________________________

    4.02  If a LICENSED PRODUCT is a ROYALTY-BEARING PRODUCT solely on 
account of one or a limited number of WESTERN'S PATENTS, the CORPORATION 
may elect to reduce the amount of royalty otherwise payable hereunder on 
said LICENSED PRODUCT by a royalty reduction percentage, and as of an 
effective date, established by WESTERN. Upon written request from the 
CORPORATION identifying the LICENSED PRODUCT and each relevant patent, 
WESTERN will inform the CORPORATION of the royalty reduction percentage 
applicable in respect of said LICENSED PRODUCT and patent or patents and 
the effective date thereof.
    4.03  A LICENSED PRODUCT, or maintenance part therefor, which is 
made and sold by the CORPORATION or any of its SUBSIDIARIES and which is 
a ROYALTY-BEARING PRODUCT hereunder on account of one or more of 
WESTERN'S PATENTS, may be treated by the CORPORATION as not licensed and 
not subject to royalty hereunder if all of the following conditions are 
met:

(i) The purchaser is licensed under the same patent or patents, pursuant 
to another agreement, to have said LICENSED PRODUCT or part made;
(ii) The purchaser expressly advises the CORPORATION or its SUBSIDIARY, 
whichever effects the making and sale, in writing at or prior to (but in 
no event later than) the time of such sale that, in purchasing said 
LICENSED PRODUCT or part, it is exercising its own license or licenses 
under said patent or patents to have said LICENSED PRODUCT or part made; 
and

[[Page 388]]

(iii) The CORPORATION retains such written advice and makes it available 
to WESTERN at the latter's request.

    4.04  Only one royalty shall be payable hereunder in respect of any 
ROYALTY-BEARING PRODUCT. Royalty shall accrue hereunder on any LICENSED 
PRODUCT, or maintenance part therefor, upon its first becoming a 
ROYALTY-BEARING PRODUCT, and the royalty thereon shall become payable in 
accordance with the provisions of this Article IV upon the first sale, 
lease or putting into use thereof.
    4.05  If any sale of a ROYALTY-BEARING PRODUCT shall be made by the 
CORPORATION or a SUBSIDIARY thereof to:

(i) Any company of which the CORPORATION is a SUBSIDIARY at the time of 
such sale, or
(ii) The CORPORATION or a SUBSIDIARY thereof or any other SUBSIDIARY of 
a company of which the CORPORATION is a SUBSIDIARY at the time of such 
sale,

royalty payable hereunder shall be computed on the FAIR MARKET VALUE of 
such ROYALTY-BEARING PRODUCT.

                     Article V--Reports and Payments

    5.01  The CORPORATION shall keep full, clear and accurate records 
with respect to ROYALTY-BEARING PRODUCTs. WESTERN shall have the right 
through its accredited auditing representatives to make an examination 
and audit, during normal business hours, not more frequently than 
annually, of all such records and such other records and accounts as may 
under recognized accounting practices contain information bearing upon 
the amount of royalty payable to it under this agreement. Prompt 
adjustment shall be made by the proper party to compensate for any 
errors or omissions disclosed by such examination or audit. Neither such 
right to examine and audit nor the right to receive such adjustments 
shall be affected by any statement to the contrary, appearing on checks 
or otherwise, unless such statement appears in a letter, signed by the 
party having such right and delivered to the other party, expressly 
waiving such right.\1\
---------------------------------------------------------------------------

    \1\ If licensee insists on a non-Western auditor, third line, 
insert, after ``representatives'', -or, at the election of the 
CORPORATION, through a firm of certified public accountants proposed by 
WESTERN and accepted by the CORPORATION-.
---------------------------------------------------------------------------

    5.02  (a) Within sixty (60) days after the end of each semiannual 
period ending on June 30th or December 31st, commencing with the 
semiannual period during which this agreement first becomes effective, 
the CORPORATION shall furnish to WESTERN a statement, in form acceptable 
to WESTERN; certified by a responsible official of the CORPORATION:

(i) Showing all ROYALTY-BEARING PRODUCTS, by kinds of LICENSED PRODUCTS, 
which were sold, leased or put into use during such semiannual period, 
the NET SELLING PRICES of such ROYALTY-BEARING PRODUCTS or (where 
royalty is based on FAIR MARKET VALUES) the FAIR MARKET VALUES thereof 
and the amount of royalty payable thereon (or if no such ROYALTY-BEARING 
PRODUCT has been so sold, leased or put into use, showing that fact);
(ii) Identifying, if royalty is reduced under provisions of section 
4.02, each LICENSED PRODUCT by its type and the patent or patents 
involved in such royalty reduction;
(iii) Showing, by purchasers and kinds of LICENSED PRODUCTS, the 
monetary totals of the sales, to each purchaser exercising its own ``to 
have made'' license or licenses, of LICENSED PRODUCTS and maintenance 
parts in transactions of the character described in section 4.03; and
(iv) Identifying all transactions of the character described in section 
4.05.

    (b) Within such sixty (60) days the CORPORATION shall, irrespective 
of its own business and accounting methods, pay to WESTERN the royalties 
payable for such semiannual period.
    (c) Notwithstanding the provisions of section 7.04(a)(v), the 
CORPORATION shall furnish whatever additional information WESTERN may 
reasonably prescribe from time to time to enable WESTERN to ascertain 
which LICENSED PRODUCTS (and maintenance parts therefor) sold, leased or 
put into use by the CORPORATION or any of its SUBSIDIARIES are subject 
to the payment of royalty to WESTERN, and the amount of royalty payable 
thereon.
    5.03  Royalty payments provided for in this agreement shall, when 
overdue, bear interest at an annual rate of one percent (1%) over the 
prime rate or successive prime rates in effect in New York City during 
delinquency.
    5.04  Payment to WESTERN shall be made in United States dollars to 
WESTERN'S Treasury Organization at 222 Broadway, New York, New York 
10038, or at such changed address as WESTERN shall have specified by 
written notice. If any royalty for any semiannual period referred to in 
section 5.02 is computed in other currency, conversion to United States 
dollars shall be at the prevailing rate for bank cable transfers on New 
York City as quoted for the last day of such semiannual period by 
leading banks dealing in the New York City foreign exchange market.

[[Page 389]]

           Article VI--Termination, Cancellation and Surrender

    6.01  Any termination under the provisions of this Article VI by one 
party of licenses and rights of the other party shall not affect the 
licenses and rights of the terminating party and its sublicensees (or of 
AT&T and its sublicensees if WESTERN is the terminating party), nor the 
obligations of the CORPORATION under the provisions of Articles IV and V 
if it is the terminating party.
    6.02  If WESTERN shall fail to fulfill one or more of its 
obligations under this agreement, the CORPORATION may, upon election and 
in addition to any other remedies that it may have, at any time 
terminate all licenses and rights granted to WESTERN and AT&T hereunder, 
by not less than six (6) months' written notice to WESTERN specifying 
any such breach, unless within the period of such notice all breaches 
specified therein shall have been remedied.
    6.03  (a) If the CORPORATION shall fail to fulfill one or more of:

(i) Its obligations under Articles IV or V, or
(ii) Its obligations under this agreement whereby WESTERN or AT&T fails 
to receive licenses or rights which it is entitled hereunder to receive 
under patents issued in the United States,

WESTERN may, upon the election and in addition to any other remedies 
that it may have, at any time terminate all licenses and rights granted 
to the CORPORATION hereunder, by not less than six (6) months' written 
notice to the CORPORATION specifying any such breach, unless within the 
period of such notice all breaches specified therein shall have been 
remedied.
    (b) Termination by WESTERN of licenses and rights granted to the 
CORPORATION shall terminate the obligations of the CORPORATION under the 
provisions of Articles IV and V relating to such terminated licenses and 
rights, except such obligations as to ROYALTY-BEARING PRODUCTS made, 
sold, leased or put into use prior to such termination.
    6.04  (a) By written notice to WESTERN, the CORPORATION may cancel 
the licenses for any specified products granted hereunder to it under 
WESTERN'S PATENTS. Such cancellation shall be effective as of the date 
of giving said notice but shall not relieve the CORPORATION of its 
obligation to pay accrued royalties with respect to such specified 
products.
    (b) By written notice to the CORPORATION, WESTERN or AT&T may cancel 
the licenses for any specified products granted hereunder to it under 
the CORPORATION'S PATENTS, such cancellation to be effective as of the 
date of giving said notice.
    6.05  By written notice to WESTERN, specifying any of WESTERN'S 
PATENTS by number and date of issuance, the CORPORATION may surrender 
and terminate all licenses and rights granted to it under such specified 
patent or patents or under any specified invention or inventions 
thereof. Such surrender and termination shall be effective as of a date 
specified in said notice which shall not be more than six (6) months 
prior to the date of giving said notice. As of said effective date, such 
specified patent or patents or invention or inventions shall cease to be 
among, or among the inventions of, WESTERN'S PATENTS for the purposes of 
this agreement without affecting obligations in respect of royalties 
accrued prior to said effective date.
    6.06  (a) Every sublicense granted by a party or AT&T shall 
terminate with termination or cancellation of its corresponding license.
    (b) Any sublicenses granted shall terminate if and when the grantee 
thereof ceases to be an ASSOCIATED COMPANY of WESTERN or AT&T or a 
SUBSIDIARY of the CORPORATION. Each LICENSED PRODUCT and each 
maintenance part, made by or for a SUBSIDIARY of the CORPORATION, and on 
which royalty has accrued but which remains not sold, leased or put into 
use at the time such SUBSIDIARY ceases to be a SUBSIDIARY of the 
CORPORATION, shall be deemed to have been put into use by such 
SUBSIDIARY immediately prior to such time at the place said LICENSED 
PRODUCT or part is then located.
    (c) If an ASSOCIATED COMPANY'S relationship to a party or AT&T 
changes so that such ASSOCIATED COMPANY is no longer an ASSOCIATED 
COMPANY of such party or AT&T, licenses and rights acquired under the 
patents and patent rights of such ASSOCIATED COMPANY for inventions made 
prior to the date such relationship changed shall not be affected by 
such change.
    6.07  Licenses, immunities and rights with respect to each LICENSED 
PRODUCT, and each maintenance part, made, sold, leased or put into use 
prior to any termination or cancellation under the provisions of this 
Article VI shall survive such termination or cancellation.

                  Article VII--Miscellaneous Provisions

    7.01  With respect to patents or inventions owned jointly by the 
CORPORATION, or any of its ASSOCIATED COMPANIES, with any other person 
or persons who has or have granted, or who shall hereafter grant, to 
WESTERN or AT&T, licenses or other rights thereunder, the CORPORATION, 
to the extent that the licenses and rights so granted do not exceed the 
scope of the licenses and rights herein granted by the CORPORATION, 
consents to the grant of licenses and rights to WESTERN and AT&T under 
such patents and inventions by such other person or persons.

[[Page 390]]

    7.02  (a) Each party shall, upon written request from the other 
party sufficiently identifying any patent by country, number and date of 
issuance, inform the other party as to the extent to which any such 
patent is subject to the licenses, immunities and rights granted to such 
other party.
    (b) If such licenses, immunities or rights under any such patent are 
restricted in scope, copies of all pertinent provisions of any contract 
(other than provisions of a contract with a government to the extent 
that disclosure thereof is prohibited under that government's laws or 
regulations) creating such restrictions shall, upon request, be 
furnished to the party making such request.
    7.03  Upon written request from one party, the other party shall 
inform the requesting party which of said other party's patents cover 
inventions under which the United States Government holds a royalty-free 
license.
    7.04  (a) Nothing contained in this agreement shall be construed as:

(i) Requiring the filing of any patent application, the securing of any 
patent or the maintaining of any patent in force; or
(ii) A warranty or representation by any grantor as to the validity or 
scope of any patent; or
(iii) A warranty or representation that any manufacture, sale, lease, 
use or importation will be free from infringement of patents other than 
those under which and to the extent to which licenses or immunities are 
in force hereunder; or
(iv) An agreement to bring or prosecute actions or suits against third 
parties for infringement; or
(v) An obligation to furnish any manufacturing or technical information 
or assistance; or
(vi) Conferring any right to use, in advertising, publicity or 
otherwise, any name, trade name or trademark, or any contraction, 
abbreviation or simulation thereof; or
(vii) Conferring by implication, estoppel or otherwise upon any grantee 
any license or other right under any patent, except the licenses and 
rights expressly granted to such grantee; or
(viii) An obligation upon any grantor to make any determination as to 
the applicability of any patent to any product of any grantee or any of 
its ASSOCIATED COMPANIES; or
(ix) A release for any infringement prior to the effective date hereof.

    (b) Neither party nor AT&T makes any representations, extends any 
warranties of any kind or assumes any responsibility whatever with 
respect to the manufacture, sale, lease, use or importation of any 
LICENSED PRODUCT, or part therefor, by any grantee, any of its 
ASSOCIATED COMPANIES, or any direct or indirect supplier or vendee or 
other transferee of any such company, other than the licenses, 
immunities, rights and warranties expressly herein granted.
    7.05  Neither this agreement nor any licenses or rights hereunder, 
in whole or in part, shall be assignable or otherwise transferable.
    7.06  Any notice, request or information shall be deemed to be 
sufficently given when sent by registered mail addressed to the 
addressee at its office above specified (and when addressed to WESTERN, 
to the attention of its Patent Licensing Organization) and any royalty 
statement shall be deemed to be sufficiently furnished when sent by 
registered mail addressed to WESTERN'S Treasury Organization at 222 
Broadway, New York, New York 10038, or at such changed address as the 
addressee shall have specified by written notice.
    7.07  This agreement sets forth the entire agreement and 
understanding between the parties as to the subject matter hereof and 
merges all prior discussions between them and neither of the parties 
shall be bound by any conditions, definitions, warranties, 
understandings or representations with respect to such subject matter 
other than as expressly provided herein, or in any prior existing 
written agreement between the parties, or as duly set forth on or 
subsequent to the effective date hereof in writing and signed by a 
proper and duly authorized representative of the party to be bound 
thereby.
    7.08  The construction and performance of this agreement shall be 
governed by the law of the State of New York.
    IN WITNESS WHEREOF, each of the parties has caused this agreement to 
be executed in duplicate originals by its duly authorized 
representatives on the respective dates entered below.
WESTERN ELECTRIC COMPANY, INCORPORATED
 By_____________________________________________________________________
                                      Director of Patent Licensing      
          ______________________________________________________________
                                                                Date    
[SEAL]
                                                             Attest:    
          ______________________________________________________________
                                                           Secretary    
By______________________________________________________________________
 Title__________________________________________________________________
           _____________________________________________________________
                                                                Date    
[SEAL]
                                                             Attest:    
          ______________________________________________________________
                                                           Secretary    

                      General Definitions Appendix

    ASSOCIATED COMPANIES of AT&T are The Southern New England Telephone 
Company, a Connecticut corporation, and its

[[Page 391]]

SUBSIDIARIES, Cincinnati Bell Inc., an Ohio corporation, and its 
SUBSIDIARIES, and SUBSIDIARIES of AT&T other than WESTERN and its 
SUBSIDIARIES.
    ASSOCIATED COMPANIES of the CORPORATION are SUBSIDIARIES of the 
CORPORATION, companies presently having the CORPORATION as a SUBSIDIARY 
and other SUBSIDIARIES of such companies.
    ASSOCIATED COMPANIES of WESTERN are SUBSIDIARIES of WESTERN.
    The CORPORATION'S PATENTS means all patents issued at any time in 
the United States for:

(i) Inventions made prior to the termination of the FIVE YEAR PERIOD and 
owned or controlled at any time during the FIVE YEAR PERIOD by the 
CORPORATION or any of its ASSOCIATED COMPANIES,
(ii) Inventions made during the FIVE YEAR PERIOD, solely or jointly with 
anyone, and in the course of their employment by employees of any such 
company who are employed to do research, development or other inventive 
work, and
(iii) Any other inventions made prior to the termination of the FIVE 
YEAR PERIOD, with respect to which and to the extent to which any such 
company shall at any time during the FIVE YEAR PERIOD have the right to 
grant the licenses and rights which are herein granted by the 
CORPORATION.

    FAIR MARKET VALUE means the NET SELLING PRICE which the CORPORATION 
or any of its SUBSIDIARIES, whichever effects the sale, lease or use of 
the product or maintenance part, would realize from an unaffiliated 
buyer in an arm's length sale of an identical product or maintenance 
part in the same quantity and at the same time and place as such sale, 
lease or use.
    FIVE YEAR PERIOD means the period commencing on the effective date 
of this agreement and having a duration of five years.
    LICENSED PRODUCT means, as to any respective grantee,

(i) any product as such, or
(ii) any product which is any specified combination.

of the kinds listed in section 2.01 or 2.02 of this agreement. Although 
the term does not mean, and although licenses are not granted for, any 
other combination, a LICENSED PRODUCT

(iii) shall not lose its status as such on account of, and
(iv) shall not cause an unlicensed combination to infringe the grantor's 
patents (i.e., WESTERN'S PATENTS or the CORPORATION'S PATENTS, as the 
case may be) solely on account of, such LICENSED PRODUCT being made, 
sold, leased or put into use as part of an unlicensed combination.

    NET SELLING PRICE means the gross selling price of the ROYALTY-
BEARING PRODUCT in the form in which it is sold, whether or not 
assembled (and without excluding therefrom any components or 
subassemblies thereof, whatever their origin and whether or not patent 
impacted), less the following items but only insofar as they pertain to 
the sale of such ROYALTY-BEARING PRODUCT by the CORPORATION or any of 
its SUBSIDIARIES and are included in such gross selling price:

(i) Usual trade discounts actually allowed (other than cash discounts, 
advertising allowances, or fees or commissions to any employees of the 
CORPORATION, a SUBSIDIARY of the CORPORATION, a company of which the 
CORPORATION is a SUBSIDIARY at the time of the sale, or any other 
SUBSIDIARY of a company of which the CORPORATION is a SUBSIDIARY at the 
time of such sale);
(ii) Packing costs;
(iii) Import, export, excise and sales taxes, and customs duties;
(iv) Costs of insurance and transportation from the place of manufacture 
to the customer's premises or point of installation;
(v) Costs of installation at the place of use; and
(vi) Costs of special engineering services not incident to the design or 
manufacture of the ROYALTY-BEARING PRODUCT.

    ROYALTY-BEARING PRODUCT means any LICENSED PRODUCT of the kinds 
specified in section 2.01 of this agreement (other than any LICENSED 
PRODUCT for which all the licenses granted in this agreement are at a 
royalty rate of zero percent (0%)), and any maintenance part therefor,

(i) Which upon manufacture includes, or the manufacture of which 
employs, any invention of any of WESTERN'S PATENTS in force at the time 
and place of such manufacture, or
(ii) Which includes when sold, leased or put into use, or the use of 
which employs, any invention of any of WESTERN'S PATENTS in force at the 
time and place of such sale, lease or use,

other than:

(iii) Inventions under which the United States Government holds a 
royalty-free license if such LICENSED PRODUCT or part is contracted for, 
directly or indirectly, by the United States Government, or by another 
national government with funds derived through the Military Assistance 
Program or otherwise through the United States Government, and
(iv) Inventions employed in the manufacture of, or included in, such 
LICENSED

[[Page 392]]

PRODUCT or any original part thereof, or such maintenance part therefor 
or any original part thereof, by a direct or indirect supplier of the 
CORPORATION or any of its SUBSIDIARIES, but only to the extent such 
supplier has exercised its own licenses granted by WESTERN under patents 
for such inventions to so employ or include said inventions.

    SUBSIDIARY means a company the majority of whose stock entitled to 
vote for election of directors is now or hereafter controlled by the 
parent company either directly or indirectly, but any such company shall 
be deemed to be a SUBSIDIARY only so long as such control exists.
    WESTERN'S PATENTS means all patents issued at any time in the United 
States for:

(i) Inventions made prior to the termination of the FIVE YEAR PERIOD and 
owned or controlled at any time during the FIVE YEAR PERIOD by AT&T, 
WESTERN or any of their SUBSIDIARIES,
(ii) Inventions made during the FIVE YEAR PERIOD, solely or jointly with 
anyone, and in the course of their employment by employees of any such 
company who are employed to do research, development or other inventive 
work, and
(iii) Any other inventions made prior to the termination of the FIVE 
YEAR PERIOD, with respect to which and to the extent to which any such 
company shall at any time during the FIVE YEAR PERIOD have the right to 
grant the licenses and rights which are herein granted by WESTERN;

provided, however, that said patents do not include those issued for 
inventions made by employees of any SUBSIDIARY of WESTERN or AT&T 
exclusively engaged in the performance of contracts with the Energy 
Research and Development Administration of the United States.

[41 FR 28699, July 12, 1976, as amended at 50 FR 47549, Nov. 19, 1985]



Sec. 68.506  Configurations used to connect multi-line communications systems such as Private Branch Exchange (PBX) and key telephone systems.

    Any of the jack configurations specified in Sec. 68.502, used 
singly, in multiple combinations, or combined in common mechanical 
arrays, may be used as the interface between multi-line equipment such 
as PBX and key telephone systems, and the telephone network. The 
telephone company and installation supervisor may mutually agree to use 
electrical connections alternative to those specified in Sec. 68.502.

[43 FR 16501, Apr. 19, 1978]



PART 69--ACCESS CHARGES--Table of Contents




                           Subpart A--General

Sec.
69.1  Application of access charges.
69.2  Definitions.
69.3  Filing of access service tariffs.
69.4  Charges to be filed.
69.5  Persons to be assessed.

                    Subpart B--Computation of Charges

69.101  General.
69.104  End user common line for non-price cap incumbent local exchange 
          carriers.
69.105  Carrier common line for non-price cap local exchange carriers.
69.106  Local switching.
69.108  Transport rate benchmark.
69.109  Information.
69.110  Entrance facilities.
69.111  Tandem-switched transport and tandem charge.
69.112  Direct-trunked transport.
69.113  Non-premium charges for MTS-WATS equivalent services.
69.114  Special access.
69.115  Special access surcharges.
69.116  Universal service fund.
69.117  Lifeline assistance.
69.118  Traffic sensitive switched services.
69.119  Basic service element expedited approval process.
69.120  Line information database.
69.121  Connection charges for expanded interconnection.
69.123  Density pricing zones for special access and switched transport.
69.124  Interconnection charge.
69.125  Dedicated signalling transport.
69.126  Nonrecurring charges.
69.127  Transitional Equal Charge Rule.
69.128  Billing name and address.
69.129  Signalling for tandem switching.

 Subpart C--Computation of Charges for Price Cap Local Exchange Carriers

69.151  Applicability.
69.152  End user common line for price cap local exchange carriers.
69.153  Presubscribed interexchange carrier charge (PICC).
69.154  Per-minute carrier common line charge.
69.155  Per-minute residual interconnection charge.
69.156  Marketing expenses.
69.157  Line port costs in excess of basic, analog service.

[[Page 393]]

               Subpart D--Apportionment of Net Investment

69.301  General.
69.302  Net investment.
69.303  Information origination/termination equipment (IOT).
69.304  Subscriber line cable and wire facilities.
69.305  Carrier cable and wire facilities (C&WF).
69.306  Central office equipment (COE).
69.307  General support facilities.
69.308  [Reserved]
69.309  Other investment.
69.310  Capital leases.

                  Subpart E--Apportionment of Expenses

69.401  Direct expenses.
69.402  Operating taxes (Account 7200).
69.403  Marketing expenses (Account 6610).
69.404  Telephone operator services expenses in Account 6620.
69.405  Published directory expenses in Account 6620.
69.406  Local business office expenses in Account 6620.
69.407  Revenue accounting expenses in Account 6620.
69.408  All other customer services expenses in Account 6620.
69.409  Corporate operations expenses (Accounts 6710 and 6720).
69.411  Other expenses.
69.412  Non participating company payments/receipts.
69.413  Universal service fund expenses.
69.414  Lifeline assistance expenses.

    Subpart F--Segregation of Common Line Element Revenue Requirement

69.501  General.
69.502  Base factor allocation.

                 Subpart G--Exchange Carrier Association

69.600  Definitions.
69.601  Exchange carrier association.
69.602  Board of directors.
69.603  Association functions.
69.604  Billing and collection of access charges.
69.605  Reporting and distribution of pool access revenues.
69.606  Computation of average schedule company payments.
69.607  Disbursement of Carrier Common Line residue.
69.608  Carrier Common Line hypothetical net balance.
69.609  End User Common Line hypothetical net balances.
69.610  Other hypothetical net balances.
69.611  Effect of optional alternative carrier common line tariff 
          provisions and end user common line surcharges.
69.612  Long term and transitional support.
69.613  Temporary administrator of universal service support mechanisms.
69.614  Independent subsidiary Board of Directors.
69.615  High Cost and Low Income Committee.
69.616  Independent subsidiary functions.
69.617  Schools and Libraries Corporation and Rural Health Care 
          Corporation.
69.618  Rural Health Care Corporation functions.
69.619  Schools and Libraries Corporation functions.
69.620  Administrative expenses of independent subsidiary, Schools and 
          Libraries Corporation, and Rural Health Care Corporation.
69.621  Audits of independent subsidiary, Schools and Libraries 
          Corporation, and Rural Health Care Corporation.
69.622  Transition to the permanent Administrator.

    Authority: 47 U.S.C. 154, 201, 202, 203, 205, 218, 220, 254, 403.

    Source:  48 FR 10358, Mar. 11, 1983, unless otherwise noted.



                           Subpart A--General



Sec. 69.1  Application of access charges.

    (a) This part establishes rules for access charges for interstate or 
foreign access services provided by telephone companies on or after 
January 1, 1984.
    (b) Except as provided in Sec. 69.1(c), charges for such access 
service shall be computed, assessed, and collected and revenues from 
such charges shall be distributed as provided in this part. Access 
service tariffs shall be filed and supported as provided under part 61 
of this chapter, except as modified herein.
    (c) The following provisions of this part shall apply to telephone 
companies subject to price cap regulation only to the extent that 
application of such provisions is necessary to develop the nationwide 
average carrier common line charge, for purposes of reporting pursuant 
to Secs. 43.21 and 43.22 of this chapter, and for computing initial 
charges for new rate elements: Secs. 69.3(f), 69.106(b), 69.106(f), 
69.106(g), 69.109(b), 69.110(d), 69.111(c), 69.111(g)(1), 69.111(g)(2), 
69.111(g)(3), 69.111(l), 69.112(d), 69.114(b), 69.114(d), 69.125(b)(2), 
69.301 through 69.310, and 69.401 through 69.412. The computation of 
rates pursuant to these provisions by telephone

[[Page 394]]

companies subject to price cap regulation shall be governed by the price 
cap rules set forth in part 61 of this chapter and other applicable 
Commission rules and orders.

[48 FR 10358, Mar. 11, 1983, as amended at 55 FR 42385, Oct. 19, 1990; 
58 FR 41189, Aug. 3, 1993; 62 FR 40463, July 29, 1997]

    Effective Date Note: At 62 FR 40463, July 29, 1997, Sec. 69.1 was 
amended by revising paragraph (c), effective Jan. 1, 1998. For the 
convenience of the user, the superseded text is set forth as follows:

Sec. 69.1  Application of access charges.

                                * * * * *

    (c) The following provisions of this part shall apply to telephone 
companies subject to price cap regulation only to the extent that 
application of such provisions is necessary to develop the nationwide 
average carrier common line charge, for purposes of reporting pursuant 
to Secs. 43.21 and 43.22 of this chapter, and for computing initial 
transport rates: Secs. 69.3(f), 69.105(b)(4), 69.105(b)(5), 69.106(b), 
69.107(b), 69.107(c), 69.109(b), 69.110(d), 69.111(c), 69.111(g), 
69.112(d), 69.114(b), 69.114(d), 69.125(b)(2), 69.205(e), 69.301 through 
69.310, and 69.401 through 69.412. The computation of rates pursuant to 
these provisions by telephone companies subject to price cap regulation 
shall be governed by the price cap rules set forth in part 61 of this 
chapter and other applicable Commission Rules and orders.



Sec. 69.2  Definitions.

    For purposes of the part:
    (a) Access Minutes or Access Minutes of Use is that usage of 
exchange facilities in interstate or foreign service for the purpose of 
calculating chargeable usage. On the orginating end of an interstate or 
foreign call, usage is to be measured from the time the originating end 
user's call is delivered by the telephone company and acknowledged as 
received by the interexchange carrier's facilities connected with the 
originating exchange. On the terminating end of an interstate or foreign 
call, usage is to be measured from the time the call is received by the 
end user in the terminating exchange. Timing of usage at both the 
orginating and terminating end of an interstate or foreign call shall 
terminate when the calling or called party disconnects, whichever event 
is recognized first in the originating and terminating end exchanges, as 
applicable;
    (b) Access Service includes services and facilities provided for the 
origination or termination of any interstate or foreign 
telecommunication;
    (c) Annual revenue requirement means the sum of the return component 
and the expense component;
    (d) Association means the telephone company association described in 
subpart G of this part;
    (e) Big Three Expenses are the combined expense groups comprising: 
Plant Specific Operations Expense, Accounts 6110, 6120, 6210, 6220, 
6230, 6310 and 6410; Plant Nonspecific Operations Expenses, Accounts 
6510, 6530 and 6540, and Customer Operations Expenses, Accounts 6610 and 
6620;
    (f) Big Three Expense Factors are the ratios of the sum of Big Three 
Expenses apportioned to each element or category to the combined Big 
Three Expenses.
    (g) Cable and Wire Facilities includes all equipment or facilities 
that are described as cable and wire facilities in the Separations 
Manual and included in Account 2410.
    (h) Carrier Cable and Wire Facilities means all cable and wire 
facilities that are not subscriber line cable and wire facilities;
    (i) Central Office Equipment or COE includes all equipment or 
facilities that are described as Central Office Equipment in the 
Separations Manual and included in Accounts 2210, 2220 and 2230.
    (j) Corporate Operations Expenses include Executive and Planning 
Expenses (Account 6710) and General and Administrative Expenses (Account 
6720);
    (k) Customer Operations Expenses include Marketing and Services 
expenses in Accounts 6610 and 6620, respectively;
    (l) Direct Expense means expenses that are attributable to a 
particular category or categories of tangible investment described in 
subpart D of this part and includes:
    (1) Plant Specific Operations expenses in Accounts 6110, 6120, 6210, 
6220, 6230, 6310 and 6410; and
    (2) Plant Nonspecific Operations Expenses in Accounts 6510, 6530, 
6540 and 6560;

[[Page 395]]

    (m) End User means any customer of an interstate or foreign 
telecommunications service that is not a carrier except that a carrier 
other than a telephone compauy shall be deemed to be an ``end user'' 
when such carrier uses a telecommunications service for administrative 
purposes and a person or entity that offers telecommunications services 
exclusively as a reseller shall be deemed to be an ``end user'' if all 
resale transmissions offered by such reseller originate on the premises 
of such reseller;
    (n) Entry Switch means the telephone company switch in which a 
transport line or trunk terminates;
    (o) Expense Component means the total expenses and income charges 
for an annual period that are attributable to a particular element or 
category;
    (p) Expenses include allowable expenses in the Uniform System of 
Accounts, part 32, apportioned to interstate or international services 
pursuant to the Separations Manual and allowable income charges 
apportioned to interstate and international services pursuant to the 
Separations Manual;
    (q) General Support Facilities include buildings, land, vehicles, 
aircraft, work equipment, furniture, office equipment and general 
purpose computers as described in the Separations Manual and included in 
Account 2110.
    (r) Information Origination/Termination Equipment includes all 
equipment or facilities that are described as information origination/
termination equipment in the Separations Manual and in Account 2310 
except information origination/termination equipment that is used by 
telephone companies in their own operations.
    (s) Interexchange or the interexchange category includes services or 
facilities provided as an integral part of interstate or foreign 
telecommunications that is not described as ``access service'' for 
purposes of this part;
    (t) Level I Contributors. Telephone companies that are not 
association Common Line tariff participants, file their own Common Line 
tariffs effective April 1, 1989, and had a lower than average Common 
Line revenue requirement per minute of use in 1988 and thus were net 
contributors (i.e., had a negative net balance) to the association 
Common Line pool in 1988.
    (u) Level I Receivers. Telephone companies that are not association 
Common Line tariff participants, file their own Common Line tariffs 
effective April 1, 1989, and had a higher than average Common Line 
revenue requirement per minute of use in 1988 and thus were net 
receivers (i.e., had a positive net balance) from the association Common 
Line Pool in 1988.
    (v) Level II Contributors. A telephone company or group of 
affiliated telephone companies with fewer than 300,000 access lines and 
less than $150 million in annual operating revenues that is not an 
association Common Line tariff participant, that files its own Common 
Line tariff effective July 1, 1990, and that had a lower than average 
Common Line revenue requirement per minute of use in 1988 and thus was a 
net contributor (i.e., had a negative net balance) to the association 
Common Line pool in 1988.
    (w) Level II Receivers. A telephone company or group of affiliated 
telephone companies with fewer than 300,000 access lines and less than 
$150 million in annual operating revenues that is not an association 
Common Line tariff participant, that files its own Common Line tariff 
effective July 1, 1990, and that had a higher than average Common Line 
revenue requirement per minute of use in 1988 and thus was a net 
receiver (i.e., had a positive net balance) from the association Common 
Line pool in 1988.
    (x) Line or Trunk includes, but is not limited to, transmission 
media such as radio, satellite, wire, cable and fiber optic cable means 
of transmission;
    (y) Long Term Support (LTS) means funds that are provided pursuant 
to Sec. 54.303 of part 54.
    (z) Net Investment means allowable original cost investment in 
Accounts 2001 through 2003, 1220 and 1402 that has been apportioned to 
interstate and foreign services pursuant to the Separations Manual from 
which depreciation, amortization and other reserves attributable to such 
investment that has been apportioned to interstate and foreign services 
pursuant to the Separations Manual have been subtracted and

[[Page 396]]

to which working capital that is attributable to interstate and foreign 
services has been added;
    (aa) Operating Taxes include all taxes in Account 7200;
    (bb) Origination of a service that is switched in a Class 4 switch 
or an interexchange switch that performs an equivalent function ends 
when the transmission enters such switch and termination of such a 
service begins when the transmission leaves such a switch, except that;
    (1) Switching in a Class 4 switch or transmission between Class 4 
switches that is not deemed to be interexchange for purposes of the 
Modified Final Judgement entered August 24, 1982, in United States v 
Western Electric Co., D.C. Civil Action No. 82-0192, will be 
``origination'' or ``termination'' for purposes of this part; and
    (2) Origination and Termination does not include the use of any part 
of a line, trunk or switch that is not owned or leased by a telephone 
company;
    (cc) Origination of any service other than a service that is 
switched in a Class 4 switch or a switch that performs an equivalent 
function ends and ``termination'' of any such service begins at a point 
of demarcation that corresponds with the point of demarcation that is 
used for a service that is switched in a Class 4 switch or a switch that 
performs an equivalent function;
    (dd) Private Line means a line that is used exclusively for an 
interexchange service other than MTS, WATS or an MTS-WATS equivalent 
service, including a line that is used at the closed end of an FX WATS 
or CCSA service or any service that is substantially equivalent to a 
CCSA service;
    (ee) Public Telephone is a telephone provided by a telephone company 
through which an end user may originate interstate or foreign 
telecommunications for which he pays with coins or by credit card, 
collect or third number billing procedures;
    (ff) Return Component means net investment attributable to a 
particular element or category multiplied by the authorized annual rate 
of return;
    (gg) Subscriber Line Cable and Wire Facilities means all lines or 
trunks on the subscriber side of a Class 5 or end office switch, 
including lines or trunks that do not terminate in such a switch, except 
lines or trunks that connect an interexchange carrier;
    (hh) Telephone company or local exchange carrier as used in this 
part means an incumbent local exchange carrier as defined in section 
251(h)(1) of the 1934 Act as amended by the 1996 Act.
    (ii) Transitional Support (TRS) means funds provided by telephone 
companies that are not association Common Line tariff participants, but 
were net contributors to the association Common Line pool in 1988, to 
telephone companies that are not association Common Line tariff 
participants and were net receivers from the association Common Line 
pool in 1988;
    (jj) Unit of Capacity means the capability to transmit one 
conversation;
    (kk) WATS Access Line means a line or trunk that is used exclusively 
for WATS service.
    (ll) Equal access investment and equal access expenses mean equal 
access investment and expenses as defined for purposes of the part 36 
separations rules.
    (mm) Basic Service Elements are optional unbundled features that 
enhanced service providers may require or find useful in the provision 
of enhanced services, as defined in Amendments of part 69 of the 
Commission's rules relating to the Creation of Access Charge Subelements 
for Open Network Architecture, Report and Order, 6 FCC Rcd ________, CC 
Docket No. 89-79, FCC 91-186 (1991).
    (nn) Dedicated Signalling Transport means transport of out-of-band 
signalling information between an interexchange carrier or other 
person's common channel signalling network and a telephone company's 
signalling transport point on facilities dedicated to the use of a 
single customer.
    (oo) Direct-trunked transport means transport on circuits dedicated 
to the use of a single interexchange carrier or other person, without 
switching at the tandem,
    (1) Between the serving wire center and the end office, or
    (2) Between two customer-designated telephone company offices.

[[Page 397]]

    (pp) End Office means the telephone company office from which the 
end user receives exchange service.
    (qq) Entrance Facilities means transport from the interexchange 
carrier or other person's point of demarcation to the serving wire 
center.
    (rr) Serving Wire Center means the telephone company central office 
designated by the telephone company to serve the geographic area in 
which the interexchange carrier or other person's point of demarcation 
is located.
    (ss) Tandem-switched transport means transport of traffic that is 
switched at a tandem switch--
    (1) Between the serving wire center and the end office, or
    (2) Between the telephone company office containing the tandem 
switching equipment, as described in Sec. 36.124 of this chapter, and 
the end office.

Tandem-switched transport between a serving wire center and an end 
office consists of circuits dedicated to the use of a single 
interexchange carrier or other person from the serving wire center to 
the tandem (although this dedicated link will not exist if the serving 
wire center and the tandem are located in the same place) and circuits 
used in common by multiple interexchange carriers or other persons from 
the tandem to the end office.
    (tt) Initial transport rates means rates for entrance facilities, 
direct-trunked transport, tandem-switched transport, dedicated 
signalling transport, and the interconnection charge in tariffs filed on 
September 1, 1993 pursuant to the Report and Order in Transport Rate 
Structure and Pricing, CC Docket No. 91-213, FCC 92-442, 7 FCC Rcd 7006 
(1992).
    (uu) Price cap regulation means the method of regulation of dominant 
carriers provided in Secs. 61.41 through 61.49 of this chapter.
    (vv) Signalling for tandem switching means the carrier 
identification code (CIC) and the OZZ code, or equivalent information 
needed to perform tandem switching functions. The CIC identifies the 
interexchange carrier and the OZZ identifies the interexchange carrier 
trunk to which traffic should be routed.

[52 FR 37309, Oct. 6, 1987, as amended at 53 FR 28395, July 28, 1988; 53 
FR 30059, Aug. 10, 1988; 54 FR 3456, Jan. 24, 1989; 54 FR 11718, Mar. 
22, 1989; 55 FR 6990, Feb. 28, 1990; 56 FR 33880, July 24, 1991; 57 FR 
54719, Nov. 20, 1992; 58 FR 41189, Aug. 3, 1993; 59 FR 32930, June 27, 
1994; 62 FR 31932, June 11, 1997; 62 FR 32962, June 17, 1997]

    Effective Date Note: At 62 FR 31932, June 11, 1997, Sec. 69.2 was 
amended by revising paragraph (hh), effective Jan. 1, 1998. For the 
convenience of the user, the superseded text is set forth as follows:

Sec. 69.2  Definitions.

                                * * * * *

    (hh) Telephone Company means a carrier that provides telephone 
exchange service as defined in section 3(r) of the Communications Act of 
1934;

                                * * * * *



Sec. 69.3  Filing of access service tariffs.

    (a) Except as provided in paragraphs (g) and (h) of this section, a 
tariff for access service shall be filed with this Commission for a two-
year period. Such tariffs shall be filed on a minimum of 90 days' notice 
with a scheduled effective date of July 1. Such tariff filings shall be 
limited to rate level changes.
    (b) The requirements imposed by paragraph (a) of this section shall 
not preclude the filing of revisions to those annual tariffs that will 
become effective on dates other than July 1.
    (c) Any access service tariff filing, the filing of any petitions 
for rejection, investigation or suspension and the filing of any 
responses to such petitions shall comply with the applicable rules of 
this Commission relating to tariff filings.
    (d) The association shall file a tariff as agent for all telephone 
companies that participate in an association tariff.
    (e) A telephone company or group of telephone companies may file a 
tariff that is not an association tariff, except that a group rate for 
non-affiliated telephone companies may not be filed under Sec. 61.50 of 
this chapter; e.g., the Association. Such a tariff may cross-reference 
the association tariff for

[[Page 398]]

some access elements and include separately computed charges of such 
company or companies for other elements. Any such tariff must comply 
with the requirements hereinafter provided:
    (1) Such a tariff must cross reference association charges for the 
Carrier Common Line and End User Common Line element or elements if such 
company or companies participate in the pooling of revenues and revenue 
requirements for such elements.
    (2) Such a tariff that cross-references an association charge for 
any end user access element must cross-reference association charges for 
all end user access elements;
    (3) Such a tariff that cross-references an association charge for 
any carrier's carrier access element other than the Carrier Common Line 
element must cross-reference association charges for all carrier's 
carrier access charges other than the Carrier Common Line element;
    (4) Except for charges subject to price cap regulation as that term 
is defined in Sec. 61.3(v) of this chapter, any charge in such a tariff 
that is not an association charge must be computed to reflect the 
combined investment and expenses of all companies that participate in 
such a charge;
    (5) A telephone company or companies that elect to file such a 
tariff for 1984 access charges shall notify AT&T on or before the 40th 
day after the release of the Commission order adopting this part;
    (6) A telephone company or companies that elect to file such a 
tariff shall notify the association not later than December 31 of the 
preceding year, if such company or companies did not file such a tariff 
in the preceding annual period or cross-reference association charges in 
such preceding period that will not be cross-referenced in the new 
tariff.
    (7) Such a tariff shall not contain charges for any access elements 
that are disaggregated or deaveraged within a study area that is used 
for purposes of jurisdictional separations.
    (8) Such a tariff shall not contain charges included in the billing 
and collection category.
    (9) A telephone company or group of affiliated telephone companies 
that elects to file it own Carrier Common Line tariff effective April 1, 
1989 shall notify the association not later than August 30 of the 
preceding year that it will no longer participate in the association 
tariff. A telephone company or group of affiliated telephone companies 
that elects to file its own Carrier Common Line tariff effective July 1, 
1990 or thereafter pursuant to Sec. 69.3(a) shall notify the association 
not later than December 31 of the preceding year that it will no longer 
participate in the association tariff. A telephone company or group of 
affiliated telephone companies that electes to file its own Carrier 
Common Line tariff for one its study areas shall file its own Carrier 
Common Line tariff(s) for all of its study areas.
    (10) Any data supporting a tariff that is not an association tariff 
shall be consistent with any data that the filing carrier submitted to 
the association.
    (11) Any changes in Association common line tariff participation and 
Long Term and Transitional Support resulting from the merger or 
acquisition of telephone properties are to be made effective on the next 
annual access tariff filing effective date following consummation of the 
merger or acquisition transaction, in accordance with the provisions of 
Sec. 69.3(e)(9).
    (f) A tariff for access service provided by a telephone company that 
may file an access tariff pursuant to Sec. 61.39 may be filed for a 
biennial period with a minimum of 90 days notice and scheduled effective 
date of July 1 of any odd numbered year. An eligible telephone company 
that does not elect to file an access tariff pursuant to the Sec. 61.39 
procedures may elect to file a biennial tariff pursuant to this section. 
For purposes of computing charges for access elements other than Common 
Line elements to be effective on July 1 of any even-numbered year, the 
association may compute rate changes based upon statistical methods 
which represent a reasonable equivalent to the cost support information 
otherwise required under part 61 of this chapter.
    (g) The following rules apply to telephone company participation in 
the

[[Page 399]]

Association common line pool for telephone companies involved in a 
merger or acquisition.
    (1) Notwithstanding the requirements of Sec. 69.3(e)(9), any 
Association common line tariff participant that is party to a merger or 
acquisition may continue to participate in the Association common line 
tariff.
    (2) Notwithstanding the requirements of Sec. 69.3(e)(9), any 
Association common line tariff participant that is party to a merger or 
acquisition may include other telephone properties involved in the 
transaction in the Association common line tariff, provided that the net 
addition of common lines to the Association common line tariff resulting 
from the transaction in not greater than 50,000, and provided further 
that, if any common lines involved in a merger or acquisition are 
returned to the Association common line tariff, all of the common lines 
involved in the merger or acquisition must be returned to the 
Association common line tariff.
    (3) Telephone companies involved in mergers or acquisitions that 
wish to have more than 50,000 common lines reenter the Association 
common line pool must request a waiver of Sec. 69.3(e)(9). If the 
telephone company has met all other legal obligations, the waiver 
request will be deemed granted on the sixty-first (61st) day from the 
date of public notice inviting comment on the requested waiver unless:
    (i) The merger or acquisition involves one or more partial study 
areas;
    (ii) The waiver includes a request for confidentiality of some or 
all of the materials supporting the request;
    (iii) The waiver includes a request to return only a portion of the 
telephone properties involved in the transaction to the Association 
common line tariff;
    (iv) The Commission rejects the waiver request prior to the 
expiration of the sixty-day period;
    (v) The Commission requests additional time or information to 
process the waiver application prior to the expiration of the sixty-day 
period; or
    (vi) A party, in a timely manner, opposes a waiver request or seeks 
conditional approval of the waiver in response to our public notice of 
the waiver request.
    (h) Local exchange carriers subject to price cap regulation as that 
term is defined in Sec. 61.3(v) of this chapter, shall file with this 
Commission a price cap tariff for access service for an annual period. 
Subject to Sec. 61.48, such tariffs shall be filed to provide a minimum 
of 90 days' notice with a scheduled effective date of July 1. Such 
tariff filings shall be limited to changes in the Price Cap Indexes, 
rate level changes (with corresponding adjustments to the affected 
Actual Price Indexes and Service Band Indexes), and the incorporation of 
new services into the affected indexes as required by Sec. 61.49 of this 
chapter.
    (i) The following rules apply to the withdrawal from Association 
tariffs under the provision of paragraph (e)(6) or (e)(9) of this 
section or both by telephone companies electing to file price cap 
tariffs pursuant to paragraph (h) of this section or optional incentive 
plan tariffs pursuant to Sec. 61.50 of this chapter.
    (1) In addition to the withdrawal provisions of paragraphs (e) (6) 
and (9) of this section, a telephone company or group of affiliated 
telephone companies that participates in one or more Association tariffs 
during the current tariff year and that elects to file price cap tariffs 
or optional incentive regulation tariffs effective July 1 of the 
following tariff year, shall give the Association at least 6 months' 
notice that it is withdrawing from Association tariffs, subject to the 
terms of this section, to participate in price cap regulation or 
optional incentive regulation.
    (2) The Association shall maintain records of such withdrawals 
sufficient to discharge its obligations under these Rules and to detect 
efforts by such companies or their affiliates to rejoin any Association 
tariffs in violation of the provisions of paragraph (i)(4) of this 
section.
    (3) Notwithstanding the provisions of paragraphs (e) (3), (6), and 
(9) of this section, in the event a telephone company withdraws from all 
Association tariffs for the purpose of filing price cap tariffs or 
optional incentive plan tariffs, such company shall exclude from such 
withdrawal all ``average schedule'' affiliates and all affiliates so

[[Page 400]]

excluded shall be specified in the withdrawal. However, such company may 
include one or more ``average schedule'' affiliates in price cap 
regulation or optional incentive plan regulation provided that each 
price cap or optional incentive plan affiliate relinquishes ``average 
schedule'' status and withdraws from all Association tariffs and any 
tariff filed pursuant to Sec. 61.39(b)(2) of this chapter. See generally 
Secs. 69.605(c), 61.39(b) of this chapter; MTS and WATS Market 
Structure: Average Schedule Companies, Report and Order, 103 FCC 2d 
1026-1027 (1986).
    (4) If a telephone company elects to withdraw from Association 
tariffs and thereafter becomes subject to price cap regulation as that 
term is defined in Sec. 61.3(v) of this chapter, neither such telephone 
company nor any of its withdrawing affiliates shall thereafter be 
permitted to participate in any Association tariffs.
    (j) A telephone company or group of affiliated telephone companies 
that participates in an association tariff and elects to file its own 
tariff pursuant to Sec. 61.50 of this chapter by January 1, 1994 shall 
notify the association not later than September 1, 1993 that it will no 
longer participate in the association tariff. This January 1, 1994 
filing shall be for an 18-month tariff period. A telephone company or 
group of affiliated telephone companies that participates in an 
association tariff and elects to file its own tariff pursuant to 
Sec. 61.50 of this chapter, by July 1, 1994 or thereafter pursuant to 
paragraph (a) of this section, shall notify the association not later 
than December 31 of the preceding year that it will no longer 
participate in that association tariff.

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

[48 FR 10358, Mar. 11, 1983, as amended at 48 FR 43017, Sept. 21, 1983; 
50 FR 41356, Oct. 10, 1985; 51 FR 6119, Feb. 20, 1986; 51 FR 42236, Nov. 
24, 1986; 52 FR 21540, June 8, 1987; 52 FR 37310, Oct. 6, 1987; 53 FR 
36289, Sept. 19, 1988; 54 FR 39534, Sept. 27, 1989; 55 FR 6990, Feb. 28, 
1990; 55 FR 42385, Oct. 19, 1990; 55 FR 50558, Dec. 7, 1990; 58 FR 
36149, July 6, 1993]



Sec. 69.4  Charges to be filed.

    (a) The end user charges for access service filed with this 
Commission shall include charges for the End User Common Line element.
    (b) Except as provided in paragraphs (c), (e), and (h) of this 
section, and in Sec. 69.118, the carrier's carrier charges for access 
service filed with this Commission shall include charges for each of the 
following elements:

    (1) [Reserved]
    (2) Carrier common line;
    (3) Local switching;
    (4) Information;
    (5) Tandem-switched transport;
    (6) Direct-trunked transport;
    (7) Special access; and
    (8) Line information database;
    (9) Entrance facilities.
    (c) For all tariffs filed with this Commission that become effective 
after March 31, 1989, the carrier's carrier charges for access service 
shall include charges for each of the elements listed in Sec. 69.4(b) 
and for each of the following elements:
    (1) Universal Service Fund;
    (2) Lifeline Assistance.
    (d) [Reserved]
    (e) The carrier's carrier charges for access service filed with this 
Commission by the telephone companies specified in Sec. 64.1401(a) of 
this chapter shall include an element for connection charges for 
expanded interconnection. The carrier's carrier charges for access 
service filed with this Commission by the telephone companies not 
specified in Sec. 64.1401(a) of this chapter may include an element for 
connection charges for expanded interconnection.
    (f) [Reserved]
    (g)(1) Local exchange carriers subject to price cap regulation as 
that term is defined in Sec. 61.3(x) of this chapter may establish one 
or more switched access rate elements for a new service within the 
meaning of Sec. 61.42(g) of this chapter, upon approval of a petition 
demonstrating that:
    (i) The establishment of the new rate element or elements would be 
in the public interest; or
    (ii) Another local exchange carrier has previously obtained 
permission to establish one or more rate elements identical to those 
proposed in the petition to offer the identical service; and the 
original petition did not rely upon a competitive showing as part of the 
public interest justification.

[[Page 401]]

    (2) The Chief, Common Carrier Bureau shall issue a Public Notice of 
the filing of a petition under paragraph (g)(1)(ii) of this section. 
Parties may file comments in response to such a petition within seven 
days of the Public Notice. The local exchange carrier shall have 
authority to introduce new rate elements under paragraph (g)(1)(ii) of 
this section, after the expiration of ten days from issuance of the 
Public Notice, unless the Chief, Common Carrier Bureau informs the LEC 
that the LEC has not demonstrated that its new service meets the 
standards of paragraph (g)(1)(ii) of this section. The incumbent LEC may 
then file one subsequent petition for authorization of that service 
under paragraph (g)(1)(ii) of this section.
    (h) In addition to the charges specified in paragraph (b) of this 
section, the carrier's carrier charges for access service filed with 
this Commission by price cap local exchange carriers shall include 
charges for each of the following elements:
    (1) Presubscribed interexchange carrier;
    (2) Per-minute residual interconnection;
    (3) Dedicated local switching trunk port;
    (4) Shared local switching trunk pork;
    (5) Dedicated tandem switching trunk port;
    (6) Line port costs in excess of basic, analog service; and
    (7) Multiplexers associated with tandem switching.

[48 FR 43017, Sept. 21, 1983, as amended at 52 FR 21540, June 8, 1987; 
52 FR 37310, Oct. 6, 1987; 54 FR 11718, Mar. 22, 1989; 56 FR 33880, July 
24, 1991; 57 FR 24380, June 9, 1992; 57 FR 54332, Nov. 18, 1993; 57 FR 
54719, Nov. 20, 1993; 58 FR 30995, May 28, 1993; 62 FR 4660, Jan. 31, 
1997; 62 FR 31932, June 11, 1997]

    Effective Date Note: At 62 FR 31932, June 11, 1997, Sec. 69.4 was 
amended by removing and reserving paragaphs (b)(1), (d), and (f), 
revising the introductory text of paragraph (b), and adding paragraph 
(h), effective Jan. 1, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

Sec. 69.4  Charges to be filed.

                                * * * * *

    (b) Except as provided in subpart C of this part, in Sec. 69.4 (c), 
(d), (e), and (f), and in Sec. 69.118, the carrier's carrier charges for 
access service filed with this Commission shall include charges for each 
of the following elements:
    (1) limited pay telephone;

                                * * * * *

    (d) For the period June 1, 1988 through December 31, 1993, all 
telephone companies may implement a separate carrier's carrier tariff 
charge for an Equal Access element. Effective January 1, 1994, all 
telephone companies shall eliminate separate carrier's carrier tariff 
charges for an Equal Access element.

                                * * * * *

    (f) All telephone companies may implement a separate carrier's 
carrier tariff charge for the contribution charge element described in 
Sec. 69.122, if authorized by the Commission by order.



Sec. 69.5  Persons to be assessed.

    (a) End user charges shall be computed and assessed upon public end 
users, and upon providers of public telephones, as defined in this 
subpart, and as provided in subpart B of this part.
    (b) Carrier's carrier charges shall be computed and assessed upon 
all interexchange carriers that use local exchange switching facilities 
for the provision of interstate or foreign telecommunications services.
    (c) Special access surcharges shall be assessed upon users of 
exchange facilities that interconnect these facilities with means of 
interstate or foreign telecommunications to the extent that carrier's 
carrier charges are not assessed upon such interconnected usage. As an 
interim measure pending the development of techniques accurately to 
measure such interconnected use and to assess such charges on a 
reasonable and non-discriminatory basis, telephone companies shall 
assess special access surcharges upon the closed ends of private line 
services and WATS services pursuant to the provisions of Sec. 69.115 of 
this part.
    (d) Universal Service Fund and Lifeline Assistance charges shall be 
assessed upon all interexchange carriers that use local exchange 
switching facilities for the provision of interstate or foreign 
telecommunications services

[[Page 402]]

and that have at least .05 percent of the total common lines 
presubscribed to interexchange carriers in all study areas.

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

[48 FR 43017, Sept. 21, 1983, as amended at 51 FR 10840, Mar. 31, 1986; 
51 FR 33752, Sept. 23, 1986; 52 FR 21540, June 8, 1987; 54 FR 50624, 
Dec. 8, 1989; 61 FR 65364, Dec. 12, 1996]



                    Subpart B--Computation of Charges



Sec. 69.101  General.

    Except as provided in Sec. 69.1 and subpart C of this part, charges 
for each access element shall be computed and assessed as provided in 
this subpart.

[55 FR 42386, Oct. 19, 1990]



Sec. 69.104  End user common line for non-price cap incumbent local exchange carriers.

    (a) This section is applicable only to incumbent local exchange 
carriers that are not subject to price cap regulation as that term is 
defined in Sec. 61.3(x) of this chapter. 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 dollars and cents per line per month shall be assessed upon 
providers of public telephones. Such charges 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) Charges to multi-line subscribers shall be computed by 
multiplying a single line rate by the number of lines used by such 
subscriber.
    (c) Except as provided in Sec. 69.104(d) through (h), the single 
line rate or charge shall be computed by dividing one-twelfth of the 
projected annual revenue requirement for the End User Common Line 
element by the projected average number of local exchange service 
subscriber lines in use during such annual period.
    (d)(1) If the monthly charge computed in accordance with 
Sec. 69.104(c) exceeds $6, the charge for each local exchange service 
subscriber line, except a residential line, a single-line business line, 
or a line used for Centrex-CO service that was in place or on order as 
of July 27, 1983, shall be $6.
    (2) The charge for each subscriber line associated with a public 
telephone shall be equal to the monthly charge computed in accordance 
with paragraph (d)(1) of this section.
    (e) The monthly charge for each residential and single line business 
local exchange service subscriber shall be the charge computed in 
accordance with paragraph (c) of this section, or $3.50, whichever is 
lower.
    (f) Except as provided in Sec. 69.104 (j) and (k), the charge for 
each 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 line if the 
subscriber pays a rate for such line that is described as a residential 
rate in the local exchange service tariff.
    (h) A line shall be deemed to be a single line business 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.
    (i) The End User Common Line charge for each multi-party subscriber 
shall be assessed as if such subscriber had subscribed to single-party 
service.
    (j) Until December 31, 1997, the End User Common Line charge for a 
residential subscriber shall be 50% of the charge specified in 
Sec. 69.104(c) and (d) if the residential local exchange service rate 
for such subscribers is reduced by an equivalent amount, provided, That 
such local exchange service rate reduction is based upon a means test 
that is subject to verification.
    (k) Paragraphs (k)(1) through (2) of this section are effective 
until December 31, 1997.
    (1) The End User Common Line charge for residential subscribers 
shall be reduced to the extent of the state assistance as calculated in 
paragraph (k)(2) of this section, or waived in full if the state 
assistance equals or exceeds the residential End User Common

[[Page 403]]

Line charge under the circumstances described below. In order to qualify 
for this waiver, the subscriber must be eligible for and receive 
assistance or benefits provided pursuant to a narrowly targeted 
telephone company lifeline assistance program, requiring verification of 
eligibility, implemented by the State or local telephone company. A 
state or local telephone company wishing to implement this End User 
Common Line reduction or waiver for its subscribers shall file 
information with the Commission Secretary demonstrating that its plan 
meets the criteria set out in this section and showing the amount of 
state assistance per subscriber as described in paragraph (k)(2) of this 
section. The reduction or waiver of the End User Common Line charge 
shall be available as soon as the Commission certifies that the State or 
local telephone plan satisfies the criteria set out in this paragraph 
and the relevant tariff provisions become effective.
    (2)(i) The State assistance per subscriber shall be equal to the 
difference between the charges to be paid by the participating 
subscribers and those to be paid by other subscribers for comparable 
monthly local exchange service, service connections and customer 
deposits, except that benefits or assistance for connection charges and 
deposit requirements may only be counted once annually. In order to be 
included in calculating the state assistance, such benefits must be for 
a single telephone line to the household's principal residence.
    (ii) The monthly state assistance per participating subcriber shall 
be calculated by adding the amounts calculated in paragraphs (k)(2)(ii) 
(A) and (B) of this section.
    (A) The amount of the monthly State assistance per participating 
subscriber for local exchange service shall be calculated by dividing 
the annual difference between charges paid by all participating 
subscribers for residential local exchange service and the amount which 
would have been charged to non-qualifying subscribers for comparable 
service by twelve times the number of subscribers participating in the 
State assistance program. Estimates may be used when historic data are 
not available.
    (B) The amount of the monthly State assistance for service 
connections and customer deposits per participating subscriber shall be 
calculated by determining the annual amount of the reductions in these 
charges for participating subscribers each year and dividing this amount 
by twelve times the number of participating subscribers. Estimates may 
be used when historic data are not available.
    (l) Until December 31, 1997, in connection with the filing of access 
tariffs pursuant to Sec. 69.3(a), telephone companies shall calculate 
for the association their projected revenue requirements attributable to 
the operation of paragraphs (j) through (k) of this section. The 
projected amount will be adjusted by the association to reflect the 
actual lifeline assistance benefits paid in the previous period. If the 
actual benefits exceeded the projected amount of that period, the 
differential will be added to the projection for the ensuing period. If 
the actual benefits were less than the projected amount for that period, 
the differential will be subtracted from the projection for the ensuing 
period. Until December 31, 1997, the association shall so adjustamounts 
to the Lifeline Assistance revenue requirement, bill and collect such 
amounts from interexchange carriers pursuant to Sec. 69.117 and 
distribute the funds to qualifying telephone companies pursuant to 
Sec. 69.603(d).
    (m) No charge shall be assessed for any WATS access line.

[48 FR 10358, Mar. 11, 1983, as amended at 48 FR 43018, Sept. 21, 1983; 
52 FR 21540, June 8, 1987; 53 FR 28395, July 28, 1988; 61 FR 65364, Dec. 
12, 1996; 62 FR 31933, June 11, 1997; 62 FR 32962, June 17, 1997]



Sec. 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 
Sec. 61.3(x) of this chapter. 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

[[Page 404]]

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 Sec. 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 Sec. 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 Sec. 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 Sec. 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

[[Page 405]]

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 Sec. 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).

[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]

    Effective Date Note: At 62 FR 31933, June 11, 1997, Sec. 69.105 was 
amended by revising the section heading and paragraph (a) and removing 
paragraphs (b)(7) and (b)(8), effective Jan. 1, 1998. For the 
convenience of the user, the superseded text is set forth as follows:

Sec. 69.105  Carrier common line.

    (a) A charge that is expressed in dollars and cents 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)* * *
    (7) The Carrier Common Line charges of telephone companies that are 
subject to price cap regulation as that term is defined in Sec. 61.3(v) 
of this chapter, shall be computed at the level of Carrier Common Line 
access element aggregation selected by such telephone companies, subject 
to Sec. 69.3(e)(7). For each such Carrier Common Line access element 
tariff, the premium originating Carrier Common Line charge shall be one 
cent per minute. The premium terminating Carrier Common Line charge 
shall be set at a level that, when aggregated with the one cent 
originating charge and the non-premium originating and terminating 
carrier common line charges, shall not cause the aggregate carrier 
common line charge for the common line basket to exceed the capped 
charge computed pursuant to Sec. 61.46(d) for that basket. The non-
premium charges shall be equal to .45 multiplied by the premium charges.
    (8) If the calculations described in paragraph (b)(7) of this 
section result in a per minute charge on premium terminating minutes 
that is less than one cent, the originating and terminating charges 
shall be equal, and set at a level that does not cause the aggregate 
carrier common line charge for the common line basket to exceed the 
capped charge computed pursuant to Sec. 61.46(d). The non-premium 
charges shall be equal to .45 multiplied by the premium charge.

                                * * * * *



Sec. 69.106  Local switching.

    (a) Except as provided in Sec. 69.118, charges that are expressed in 
dollars and cents per access minute of use shall be assessed by local 
exchange carriers that are not subject to price cap regulation upon all 
interexchange carriers that use local exchange switching facilities for 
the provision of interstate or foreign services.
    (b) The per minute charge described in paragraph (a) of this section 
shall be computed by dividing the projected annual revenue requirement 
for the Local Switching element, excluding any local switching support 
received by the carrier pursuant to Sec. 54.301 of this chapter, by the 
projected annual access minutes of use for all interstate or foreign 
services that use local exchange switching facilities.
    (c) If end users of an interstate or foreign service that uses local 
switching facilities pay message unit charges for such calls in a 
particular exchange, a credit shall be deducted from the Local Switching 
element charges to

[[Page 406]]

such carrier for access service in such exchange. The per minute credit 
for each such exchange shall be multiplied by the monthly access minutes 
for such service to compute the monthly credit to such a carrier.
    (d) If all local exchange subscribers in such exchange pay message 
unit charges, the per minute credit described in paragraph (c) of this 
section shall be computed by dividing total message unit charges to all 
subscribers in a particular exchange in a representative month by the 
total minutes of use that were measured for purposes of computing 
message unit charges in such month.
    (e) If some local exchange subscribers pay message unit charges and 
some do not, a per minute credit described in paragraph (c) of this 
section shall be computed by multiplying a credit computed pursuant to 
paragraph (d) of this section by a factor that is equal to total minutes 
measured in such month for purposes of computing message unit charges 
divided by the total local exchange minutes in such month.
    (f) Except as provided in Sec. 69.118, price cap local exchange 
carriers shall establish rate elements for local switching as follows:
    (1) Price cap local exchange carriers shall separate from the 
projected annual revenues for the Local Switching element those costs 
projected to be incurred for ports (including cards and DS1/voice-grade 
multiplexers required to access end offices equipped with analog 
switches) on the trunk side of the local switch. Price cap local 
exchange carriers shall further identify costs incurred for dedicated 
trunk ports separately from costs incurred for shared trunk ports.
    (i) Price cap local exchange carriers shall recover dedicated trunk 
port costs identified pursuant to paragraph (f)(1) of this section 
through flat-rated charges expressed in dollars and cents per trunk port 
and assessed upon the purchaser of the dedicated trunk terminating at 
the port.
    (ii) Price cap local exchange carriers shall recover shared trunk 
port costs identified pursuant to paragraph (f)(1) of this section 
through charges assessed upon purchasers of shared transport. This 
charge shall be expressed in dollars and cents per access minute of use. 
The charge shall be computed by dividing the projected costs of the 
shared ports by the historical annual access minutes of use calculated 
for purposes of recovery of common transport costs in Sec. 69.111(c).
    (2) Price cap local exchange carriers shall recover the projected 
annual revenues for the Local Switching element that are not recovered 
in paragraph (f)(1) of this section through charges that are expressed 
in dollars and cents per access minute of use and assessed upon all 
interexchange carriers that use local exchange switching facilities for 
the provision of interstate or foreign services. The maximum charge 
shall be computed by dividing the projected remainder of the annual 
revenues for the Local Switching element by the historical annual access 
minutes of use for all interstate or foreign services that use local 
exchange switching facilities.
    (g) On or after July 1, 1998, a price cap local exchange carrier may 
recover signalling costs associated with call setup through a call setup 
charge imposed upon all interstate interexchange carriers that use that 
local exchange carrier's facilities to originate or terminate interstate 
interexchange or foreign services. This charge must be expressed as 
dollars and cents per call attempt and may be assessed on originating 
calls handed off to the interexchange carrier's point of presence and on 
terminating calls received from an interexchange carrier's point of 
presence, whether or not that call is completed at the called location. 
Price cap local exchange carriers may not recover through this charge 
any costs recovered through other rate elements.

[52 FR 37310, Oct. 6, 1987, as amended at 56 FR 33881, July 24, 1991; 62 
FR 31933, June 11, 1997; 62 FR 40463, July 29, 1997]

    Effective Date Note: At 62 FR 31933, June 11, 1997, Sec. 69.106 was 
amended by revising paragraphs (a) and (b) and adding paragraphs (f) and 
(g), effective Jan. 1, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

Sec. 69.106  Local switching.

    (a) Except as provided in Sec. 69.118, charges that are expressed in 
dollars and cents per access minute of use shall be accessed upon

[[Page 407]]

all interexchange carriers that use local exchange switching facilities 
for the provision of interstate or foreign services.
    (b) A per minute charge shall be computed by dividing the projected 
annual revenue requirement for the Local Switching element by the 
projected annual access minutes of use for all interstate or foreign 
services that use local exchange switching facilities.

                                * * * * *



Sec. 69.108  Transport rate benchmark.

    (a) For transport charges computed in accordance with this subpart, 
the DS3-to-DS1 benchmark ratio shall be calculated as follows: the 
telephone company shall calculate the ratio of:
    (1) The total charge for a 1.609 km (1 mi) channel termination, 
16.09 km (10 mi) of interoffice transmission, and one DS3 multiplexer 
using the telephone company's DS3 special access rates to;
    (2) The total charge for a 1.609 km (1 mi) channel termination plus 
16.09 km (10 mi) of interoffice transmission using the telephone 
company's DS1 special access rates.
    (b) Initial transport rates will generally be presumed reasonable if 
they are based on special access rates with a DS3-to-DS1 benchmark ratio 
of 9.6 to 1 or higher.
    (c) If a telephone company's initial transport rates are based on 
special access rates with a DS3-to-DS1 benchmark ratio of less than 9.6 
to 1, those initial transport rates will generally be suspended and 
investigated absent a substantial cause showing by the telephone 
company. Alternatively, the telephone company may adjust its initial 
transport rates so that the DS3-to-DS1 ratio calculated as described in 
paragraph (a) of this section of those rates is 9.6 or higher. In that 
case, initial transport rates that depart from existing special access 
rates effective on September 1, 1992 so as to be consistent with the 
benchmark will be presumed reasonable only so long as the ratio of 
revenue recovered through the interconnection charge to the revenue 
recovered through facilities-based charges is the same as it would be if 
the telephone company's existing special access rates effective on 
September 1, 1992 were used.

[58 FR 41189, Aug. 3, 1993, as amended at 58 FR 44952, Aug. 25, 1993; 58 
FR 45267, Aug. 27, 1993]



Sec. 69.109  Information.

    (a) A charge shall be assessed upon all interexchange carriers that 
are connected to assistance boards through interexchange directory 
assistance trunks.
    (b) Except as provided in Sec. 69.118, if such connections are 
maintained exclusively by carriers that offer MTS, the projected annual 
revenue requirement for the Information element shall be divided by 12 
to compute the monthly assessment to such carriers.
    (c) If such connections are provided to additional carriers, charges 
shall be established that reflect the relative use of such directory 
assistance service by such interexchange carriers.

[48 FR 10358, Mar. 11, 1983, as amended at 56 FR 33881, July 24, 1991]



Sec. 69.110  Entrance facilities.

    (a) A flat-rated entrance facilities charge expressed in dollars and 
cents per unit of capacity shall be assessed upon all interexchange 
carriers and other persons that use telephone company facilities between 
the interexchange carrier or other person's point of demarcation and the 
serving wire center.
    (b)(1) For telephone companies subject to price cap regulation, 
initial entrance facilities charges based on special access channel 
termination rates for equivalent voice grade, DS1, and DS3 services as 
of September 1, 1992, adjusted for changes in the price cap index 
calculated for the July 1, 1993 annual filing for telephone companies 
subject to price cap regulation, generally shall be presumed reasonable 
if the benchmark defined in Sec. 69.108 is satisfied. Entrance 
facilities charges may be distance-sensitive. Distance shall be measured 
as airline kilometers between the point of demarcation and the serving 
wire center.
    (2) For telephone companies not subject to price cap regulation, 
entrance facilities charges based on special access channel termination 
rates for

[[Page 408]]

equivalent voice grade, DS1, and DS3 services generally shall be 
presumed reasonable if the benchmark defined in Sec. 69.108 is 
satisfied. Entrance facilities charges may be distance-sensitive. 
Distance shall be measured as airline kilometers between the point of 
demarcation and the serving wire center.
    (c) If the telephone company employs distance-sensitive rates:
    (1) A distance-sensitive component shall be assessed for use of the 
transmission facilities, including any intermediate transmission circuit 
equipment between the end points of the entrance facilities; and
    (2) A nondistance-sensitive component shall be assessed for use of 
the circuit equipment at the ends of the transmission links.
    (d) Telephone companies shall apply only their shortest term special 
access rates in setting entrance facilities charges.
    (e) Except as provided in paragraphs (f), (g), and (h) of this 
section, telephone companies shall not offer entrance facilities based 
on term discounts or volume discounts for multiple DS3s or any other 
service with higher volume than DS3.
    (f) Except in the situations set forth in paragraphs (g) and (h) of 
this section, telephone companies may offer term and volume discounts in 
entrance facilities charges within each study area used for the purpose 
of jurisdictional separations, in which interconnectors have taken 
either:
    (1) At least 100 DS1-equivalent cross-connects for the transmission 
of switched traffic (as described in Sec. 69.121(a)(1) of this chapter) 
in offices in the study area that the telephone company has assigned to 
the lowest priced density pricing zone (zone 1) under an approved 
density pricing zone plan as described in Secs. 61.38(b)(4) and 61.49(k) 
of this chapter; or
    (2) An average of at least 25 DS1-equivalent cross-connects for the 
transmission of switched traffic per office assigned to the lowest 
priced density pricing zone (zone 1).
    (g) In study areas in which the telephone company has implemented 
density zone pricing, but no offices have been assigned to the lowest 
price density pricing zone (zone 1), telephone companies may offer term 
and volume discounts in entrance facilities charges within the study 
area when interconnectors have taken at least 5 DS1-equivalent cross-
connects for the transmission of switched traffic (as described in 
Sec. 69.121(a)(1) of this chapter) in offices in the study area.
    (h) In study areas in which the telephone company has not 
implemented density zone pricing, telephone companies may offer term and 
volume discounts in entrance facilities charges when interconnectors 
have taken at least 100 DS1-equivalent cross-connects for the 
transmission of switched traffic (as described in Sec. 69.121(a)(1) of 
this chapter) in offices in the study area.

[57 FR 54720, Nov. 20, 1992, as amended at 58 FR 41190 and 41191, Aug. 
3, 1993; 58 FR 44950, Aug. 25, 1993; 58 FR 48763, Sept. 17, 1993; 59 FR 
10304, Mar. 4, 1994; 60 FR 50121, Sept. 28, 1995]



Sec. 69.111  Tandem-switched transport and tandem charge.

    (a)(1) Through June 30, 1998, except as provided in paragraph (l) of 
this section, tandem-switched transport shall consist of two rate 
elements, a transmission charge and a tandem switching charge.
    (2) Beginning July 1, 1998, except as provided in paragraph (l) of 
this section, tandem-switched transport shall consist of three rate 
elements as follows:
    (i) A per-minute charge for transport of traffic over common 
transport facilities between the incumbent local exchange carrier's end 
office and the tandem switching office. This charge shall be expressed 
in dollars and cents per access minute of use and shall be assessed upon 
all purchasers of common transport facilities between the local exchange 
carrier's end office and the tandem switching office.
    (ii) A per-minute tandem switching charge. This tandem switching 
charge shall be set in accordance with paragraph (g) of this section, 
excluding multiplexer and dedicated port costs recovered in accordance 
with paragraph (l) of this section, and shall be assessed upon all 
interexchange carriers and other persons that use incumbent local 
exchange carrier tandem switching facilities.

[[Page 409]]

    (iii) A flat-rated charge for transport of traffic over dedicated 
transport facilities between the serving wire center and the tandem 
switching office. This charge shall be assessed as a charge for 
dedicated transport facilities provisioned between the serving wire 
center and the tandem switching office in accordance with Sec. 69.112.
    (b) [Reserved]
    (c)(1) Through June 30, 1998, tandem-switched transport transmission 
charges generally shall be presumed reasonable if the telephone company 
bases the charges on a weighted per-minute equivalent of direct-trunked 
transport DS1 and DS3 rates that reflects the relative number of DS1 and 
DS3 circuits used in the tandem to end office links (or a surrogate 
based on the proportion of copper and fiber facilities in the 
interoffice network), calculated using the total actual voice-grade 
minutes of use, geographically averaged on a study-area-wide basis, that 
the incumbent local exchange carrier experiences based on the prior 
year's annual use. Tandem-switched transport transmission charges that 
are not presumed reasonable generally shall be suspended and 
investigated absent a substantial cause showing by the telephone 
company.
    (2) Beginning July 1, 1998:
    (i) Except in study areas where the incumbent local exchange carrier 
has implemented density pricing zones as described in Sec. 69.124, per-
minute common transport charges described in paragraph (a)(2)(i) of this 
section shall be presumed reasonable if the incumbent local exchange 
carrier bases the charges on a weighted per-minute equivalent of direct-
trunked transport DS1 and DS3 rates that reflects the relative number of 
DS1 and DS3 circuits used in the tandem to end office links (or a 
surrogate based on the proportion of copper and fiber facilities in the 
interoffice network), calculated using the total actual voice-grade 
minutes of use, geographically averaged on a study-area-wide basis, that 
the incumbent local exchange carrier experiences based on the prior 
year's annual use. Tandem-switched transport transmission charges that 
are not presumed reasonable shall be suspended and investigated absent a 
substantial cause showing by the incumbent local exchange carrier.
    (ii) In study areas where the incumbent local exchange carrier has 
implemented density pricing zones as described in Sec. 69.124, per-
minute common transport charges described in paragraph (a)(2)(i) of this 
section shall be presumed reasonable if the incumbent local exchange 
carrier bases the charges on a weighted per-minute equivalent of direct-
trunked transport DS1 and DS3 rates that reflects the relative number of 
DS1 and DS3 circuits used in the tandem to end office links (or a 
surrogate based on the proportion of copper and fiber facilities in the 
interoffice network), calculated using the total actual voice-grade 
minutes of use, averaged on a zone-wide basis, that the incumbent local 
exchange carrier experiences based on the prior year's annual use. 
Tandem-switched transport transmission charges that are not presumed 
reasonable shall be suspended and investigated absent a substantial 
cause showing by the incumbent local exchange carrier.
    (d)(1) Through June 30, 1998, the tandem-switched transport 
transmission charges may be distance-sensitive. Distance shall be 
measured as airline distance between the serving wire center and the end 
office, unless the customer has ordered tandem-switched transport 
between the tandem office and the end office, in which case distance 
shall be measured as airline distance between the tandem office and the 
end office.
    (2) Beginning July 1, 1998, the per-minute charge for transport of 
traffic over common transport facilities described in paragraph 
(a)(2)(i) of this section may be distance-sensitive. Distance shall be 
measured as airline distance between the tandem switching office and the 
end office.
    (e)(1) Through June 30, 1998, if the telephone company employs 
distance-sensitive rates:
    (i) A distance-sensitive component shall be assessed for use of the 
transmission facilities, including intermediate transmission circuit 
equipment between the end points of the interoffice circuit; and

[[Page 410]]

    (ii) A non-distance-sensitive component shall be assessed for use of 
the circuit equipment at the ends of the interoffice transmission links.
    (2) Beginning July 1, 1998, if the telephone company employs 
distance-sensitive rates for transport of traffic over common transport 
facilities, as described in paragraph (a)(2)(i) of this section:
    (i) A distance-sensitive component shall be assessed for use of the 
common transport facilities, including intermediate transmission circuit 
equipment between the end office and tandem switching office; and
    (ii) A non-distance-sensitive component shall be assessed for use of 
the circuit equipment at the ends of the interoffice transmission links.
    (f) [Reserved]
    (g)(1) The tandem switching charge imposed pursuant to paragraphs 
(a)(1) or (a)(2)(ii) of this section, as applicable, shall be set to 
recover twenty percent of the annual part 69 interstate tandem revenue 
requirement plus one third of the portion of the tandem switching 
revenue requirement being recovered through the interconnection charge 
recovered by Secs. 69.124, 69.153, and 69.155, excluding multiplexer and 
dedicated port costs recovered in accordance with paragraph (l) of this 
section.
    (2) Beginning January 1, 1999, the tandem switching charge imposed 
pursuant to paragraph (a)(2)(ii) of this section shall be set to recover 
the amount prescribed in paragraph (g)(1) of this section plus one half 
of the remaining portion of the tandem switching revenue requirement 
then being recovered through the interconnection charge recovered by 
Secs. 69.124, 69.153, and 69.155, excluding multiplexer and dedicated 
port costs recovered in accordance with paragraph (l) of this section.
    (3) Beginning January 1, 2000, the tandem switching charge imposed 
pursuant to paragraph (a)(2)(ii) of this section shall be set to recover 
the entire interstate tandem switching revenue requirement, including 
that portion formerly recovered through the interconnection charge 
recovered in Secs. 69.124, 69.153, and 69.155, and excluding multiplexer 
and dedicated port costs recovered in accordance with paragraph (l) of 
this section.
    (4) A local exchange carrier that is subject to price cap regulation 
as that term is defined in Sec. 61.3(x) of this chapter shall calculate 
its tandem switching revenue requirement as used in this paragraph by 
dividing the tandem switching revenue requirement that was included in 
the original interconnection charge by the original interconnection 
charge, and then multiplying this result by the annual revenues 
recovered through the interconnection charge, described in Sec. 69.124, 
as of June 30, 1997. A local exchange carrier that is subject to price 
cap regulation as that term is defined in Sec. 61.3(x) of this chapter 
shall then make downward exogenous adjustments to the service band index 
for the interconnection charge service category (defined in 
Sec. 61.43(e)(2)(vi) of this chapter) and corresponding upward 
adjustments to the service band index for the tandem-switched transport 
service category (defined in Sec. 61.43(e)(2)(v) of this chapter) at the 
times and in the amounts prescribed in paragraphs (g)(1) through (g)(3) 
of this section .
    (h) All telephone companies shall provide tandem-switched transport 
service.
    (i) Except in the situations set forth in paragraphs (j) and (k) of 
this section, telephone companies may offer term and volume discounts in 
tandem-switched transport charges within each study area used for the 
purpose of jurisdictional separations, in which interconnectors have 
taken either:
    (1) At least 100 DS1-equivalent cross-connects for the transmission 
of switched traffic (as described in Sec. 69.121(a)(1) of this chapter) 
in offices in the study area that the telephone company has assigned to 
the lowest priced density pricing zone (zone 1) under an approved 
density pricing zone plan as described in Secs. 61.38(b)(4) and 61.49(k) 
of this chapter; or
    (2) An average of at least 25 DS1-equivalent cross-connects for the 
transmission of switched traffic per office assigned to the lowest 
priced density pricing zone (zone 1).
    (j) In study areas in which the telephone company has implemented 
density zone pricing, but no offices have been assigned to the lowest 
priced density pricing zone (zone 1), telephone

[[Page 411]]

companies may offer term and volume discounts in tandem-switched 
transport charges within the study area when interconnectors have taken 
at least 5 DS1-equivalent cross-connects for the transmission of 
switched traffic (as described in Sec. 69.121(a)(1) of this chapter) in 
offices in the study area.
    (k) In study areas in which the telephone company has not 
implemented density zone pricing, telephone companies may offer term and 
volume discounts in tandem-switched transport charges when 
interconnectors have taken at least 100 DS1-equivalent cross-connects 
for the transmission of switched traffic (as described in 
Sec. 69.121(a)(1) of this chapter) in offices in the study area.
    (l) In addition to the charges described in this section, price cap 
local exchange carriers shall establish separate charges for 
multiplexers and dedicated trunk ports used in conjunction with the 
tandem switch as follows:
    (1) Local exchange carriers must establish a traffic-sensitive 
charge for DS3/DS1 multiplexers used on the end office side of the 
tandem switch, assessed on purchasers of common transport to the tandem 
switch. This charge must be expressed in dollars and cents per access 
minute of use. The maximum charge shall be calculated by dividing the 
total costs of the multiplexers on the end office-side of the tandem 
switch by the annual access minutes of use calculated for purposes of 
recovery of common transport costs in paragraph (c) of this section. A 
similar charge shall be assessed for DS1/voice-grade multiplexing 
provided on the end-office side of analog tandem switches.
    (2)(i) Local exchange carriers must establish a flat-rated charge 
for dedicated DS3/DS1 multiplexing on the serving wire center side of 
the tandem switch provided in conjunction with dedicated DS3 transport 
service from the serving wire center to the tandem switch. This charge 
shall be assessed on interexchange carriers purchasing tandem-switched 
transport in proportion to the number of DS3 trunks provisioned for that 
interexchange carrier between the serving wire center and the tandem-
switch.
    (ii) Local exchange carriers must establish a flat-rated charge for 
dedicated DS1/voice-grade multiplexing provided on the serving wire 
center side of analog tandem switches. This charge may be assessed on 
interexchange carriers purchasing tandem-switched transport in 
proportion to the interexchange carrier's transport capacity on the 
serving wire center side of the tandem.
    (3) Price cap local exchange carriers may recover the costs of 
dedicated trunk ports on the serving wire center side of the tandem 
switch only through flat-rated charges expressed in dollars and cents 
per trunk port and assessed upon the purchaser of the dedicated trunk 
terminating at the port.

[57 FR 54720, Nov. 20, 1992, as amended at 58 FR 41190, Aug. 3, 1993; 58 
FR 48764, Sept. 17, 1993; 60 FR 50121, Sept. 28, 1995; 62 FR 31933, June 
11, 1997; 62 FR 40463, July 29, 1997]

    Effective Date Note: At 62 FR 31933, June 11, 1997, Sec. 69.111 was 
amended by removing and reserving paragraphs (b) and (f), revising 
paragraphs (a),(c),(d),(e), and (g), and adding paragraph (l), effective 
Jan. 1, 1998. For the convenience of the user, the superseded text is 
set forth as follows:

Sec. 69.111  Tandem-switched transport and tandem charge.

    (a) Tandem-Switched transport shall consist of two rate elements, a 
transmission charge and a tandem switching charge.
    (b) A tandem-switched transmission charge expressed in dollars and 
cents per access minute shall be assessed upon all interexchange 
carriers and other persons that use telephone company tandem-switched 
transport facilities.
    (c) Tandem-switched transport transmission charges generally shall 
be presumed reasonable if the telephone company bases the charges on a 
weighted per-minute equivalent of direct-trunked transport DS1 and DS3 
rates that reflects the relative number of DS1 and DS3 circuits used in 
the tandem to end office links (or a surrogate based on the proportion 
of copper and fiber facilities in the interoffice network), calculated 
using a loading factor of 9000 minutes per month per voice-grade 
circuit. Tandem-switched transport transmission charges that are not 
presumed reasonable generally shall be suspended and investigated absent 
a substantial cause showing by the telephone company.
    (d) Tandem-switched transport transmission charges may be distance-
sensitive. Milage shall be measured as airline milage between the 
serving wire center and the end

[[Page 412]]

office, unless the customer has ordered tandem-switched transport 
between the tandem office and the end office, in which case milage shall 
be measured as airline milage between the tandem office and the end 
office.
    (e) If the telephone company employs distance-sensitive rates:
    (1) A distance-sensitive component shall be assessed for use of the 
transmission facilities, including intermediate transmission circuit 
equipment between the end points of the interoffice circuit; and
    (2) A nondistance-sensitive component shall be assessed for use of 
the circuit equipment at the ends of the interoffice transmissionlinks.
    (f) A tandem switching charge expressed in dollars and cents per 
access minute shall be assessed upon all interexchange carriers and 
other persons that use telephone company tandem switching facilities.
    (g) The tandem charge shall be set to recover twenty percent of the 
annual part 69 interstate tandem revenue requirements.

                                * * * * *



Sec. 69.112  Direct-trunked transport.

    (a) A flat-rated direct-trunked transport charge expressed in 
dollars and cents per unit of capacity shall be assessed upon all 
interexchange carriers and other persons that use telephone company 
direct-trunked transport facilities.
    (b)(1) For telephone companies subject to price cap regulation, 
initial direct-trunked transport charges based on the interoffice 
charges for equivalent voice grade, DS1, and DS3 special access services 
as of September 1, 1992, adjusted for changes in the price cap index 
calculated for the July 1, 1993 annual filing for telephone companies 
subject to price cap regulation, generally shall be presumed reasonable 
if the benchmark defined in Sec. 69.108 is satisfied. Direct-trunked 
transport charges may be distance-sensitive. Distance shall be measured 
as airline kilometers between customer-designated points.
    (2) For telephone companies not subject to price cap regulation, 
initial direct-trunked transport charges based on the interoffice 
charges for equivalent voice grade, DS1, and DS3 special access services 
generally shall be presumed reasonable if the benchmark defined in 
Sec. 69.108 is satisfied. Direct-trunked transport charges may be 
distance-sensitive. Distance shall be measured as airline kilometers 
between customer-designated points.
    (c) If the telephone company employs distance-sensitive rates:
    (1) A distance-sensitive component shall be assessed for use of the 
transmission facilities, including intermediate transmission circuit 
equipment, between the end points of the circuit; and
    (2) A nondistance-sensitive component shall be assessed for use of 
the circuit equipment at the ends of the transmission links.
    (d) Telephone companies shall apply only their shortest term special 
access rates in setting direct-trunked transport rates.
    (e) Except as provided in pagagraphs (f), (g), and (h) of this 
section, telephone companies shall not offer direct-trunked transport 
rates based on term discounts or volume discounts for multiple DS3s or 
any other service with higher volume than DS3.
    (f) Except in the situations set forth in paragraphs (g) and (h) of 
this section, telephone companies may offer term and volume discounts in 
direct-trunked transport charges within each study area used for the 
purpose of jurisdictional separations, in which interconnectors have 
taken either:
    (1) At least 100 DS1-equivalent cross-connects for the transmission 
of switched traffic (as described in Sec. 69.121(a)(1)) in offices in 
the study area that the telephone company has assigned to the lowest 
priced density pricing zone (zone 1) under an approved density pricing 
zone plan as described in Secs. 61.38(b)(4) and 61.49(k) of this 
section; or
    (2) An average of at least 25 DS1-equivalent cross-connects for the 
transmission of switched traffic per office assigned to the lowest 
priced density pricing zone (zone 1).
    (g) In study areas in which the telephone company has implemented 
density zone pricing, but no offices have been assigned to the lowest 
priced density pricing zone (zone 1), telephone companies may offer term 
and volume discounts in direct-trunked transport charges within the 
study area when interconnectors have taken at least 5 DS1-equivalent 
cross-connects for the

[[Page 413]]

transmission of switched traffic (as described in Sec. 69.121(a)(1) of 
this chapter) in offices in the study area.
    (h) In study areas in which the telephone company has not 
implemented density zone pricing, telephone companies may offer term and 
volume discounts in direct-trunked transport charges when 
interconnectors have taken at least 100 DS1-equivalent cross-connects 
for the transmission of switched traffic (as described in 
Sec. 69.121(a)(1) of this chapter) in offices in the study area.
    (i) Centralized equal access providers as described in Transport 
Rate Structure and Pricing, CC Docket No. 91-213, FCC 92-442, 7 FCC Rcd 
7002 (1992), are not required to provide direct-trunked transport 
service. Telephone companies that do not have measurement and billing 
capabilities at their end offices are not required to provide direct-
trunked transport services at those end offices without measurement and 
billing capabilities. Telephone companies that are not classified as 
Class A companies under Sec. 32.11 of this chapter are required to 
provide direct-trunked transport service upon request. All other 
telephone companies shall provide a direct-trunked transport service.

[57 FR 54720, Nov. 20, 1992, as amended at 58 FR 41190, Aug. 3, 1993; 58 
FR 44950, Aug. 25, 1993; 58 FR 48764, Sept. 17, 1993; 60 FR 50121, Sept. 
28, 1995]



Sec. 69.113  Non-premium charges for MTS-WATS equivalent services.

    (a) Charges that are computed in accordance with this section shall 
be assessed upon interexchange carriers or other persons that receive 
access that is not deemed to be premium access as this term in defined 
in Sec. 69.105(b)(1) in lieu of carrier charges that are computed in 
accordance with Secs. 69.105, 69.106, 69.118, 69.124, and 69.127.
    (b) The non-premium charge for the Carrier Common Line element shall 
be computed by multiplying the premium charge for such element by .45.
    (c) For telephone companies that are not subject to price cap 
regulation as that term is defined in Sec. 61.3(v) of this chapter, the 
non-premium charge for the Local Switching element shall be computed by 
multiplying a hypothetical premium charge for such element by .45. The 
hypothetical premium charge for such element shall be computed by 
dividing the annual revenue requirement for each element by the sum of 
the projected access minutes for such period and a number that is 
computed by multiplying the projected non-premium minutes for such 
element for such period by .45. For telephone companies that are price 
cap carriers, the non-premium charge for the Local Switching element 
shall be computed by multiplying the premium charge for such element by 
.45. Though June 30, 1993, the non-premium charge shall be computed by 
multiplying the LS2 charge for such element by .45.
    (d) The non-premium charge or charges for the interconnection charge 
element shall be computed by multiplying the corresponding premium 
charge or charges by .45.
    (e) The non-premium charge for any BSEs in local switching shall be 
computed by multiplying the premium charge for the corresponding BSEs by 
.45.

[54 FR 6293, Feb. 9, 1989, as amended at 55 FR 42386, Oct. 19, 1990; 55 
FR 50559, Dec. 7, 1990; 56 FR 33881, July 24, 1991; 57 FR 54721, Nov. 
20, 1992; 59 FR 10304, Mar. 4, 1994]



Sec. 69.114  Special access.

    (a) Appropriate subelements shall be established for the use of 
equipment or facilities that are assigned to the Special Access element 
for purposes of apportioning net investment, or that are equivalent to 
such equipment or facilities for companies subject to price cap 
regulation as that term is defined in Sec. 61.3(v) of this chapter.
    (b) Charges for all subelements shall be designed to produce total 
annual revenue that is equal to the projected annual revenue requirement 
for the Special Access element.
    (c) Charges for an individual element shall be assessed upon all 
interexchange carriers that use the equipment or facilities that are 
included within such subelement.
    (d) Charges for individual subelements shall be designed to reflect 
cost differences among subelements in a

[[Page 414]]

manner that complies with applicable Commission rules or decisions.

[48 FR 10358, Mar. 11, 1983, as amended at 48 FR 43019, Sept. 21, 1983. 
Redesignated at 54 FR 6293, Feb. 9, 1989, and amended at 55 FR 42386, 
Oct. 19, 1990]



Sec. 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.
    (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 Sec. 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]



Sec. 69.116  Universal service fund.

    Effective August 1, 1988 through December 31, 1997:
    (a) A charge that is expressed in dollars and cents per line per 
month shall be assessed upon all interexchange carriers that use local 
exchange switching facilities for the provision of interstate or foreign 
telecommunications services and that have at least .05 percent of the 
total common lines presubscribed to interexchange carriers in all study 
areas.
    (b) The charge shall be computed by the association on a semi-annual 
basis by dividing one-twelfth of the projected annual Universal Service 
Fund revenue requirement by the total number of common lines 
presubscribed to interexchange carriers defined in Sec. 69.116(a). 
Beginning on April 1, 1989, the association shall bill and collect the 
charge, and disburse associated revenue, on a monthly basis pursuant to 
Sec. 69.603(c).
    (c) Telephone companies shall provide the association the data 
necessary to compute the charge. These data shall include the number of 
presubscribed common lines in each study area and the number of those

[[Page 415]]

lines associated with each interexchange carrier serving that study 
area. In a study area served by a single interexchange carrier, all 
common lines shall be considered as presubscribed to that interexchange 
carrier. Information concerning presubscribed common lines shall be 
filed with the association on June 30 and December 30 of each year, 
except for the first such submission, containing presubscribed common 
line data calculated as of December 31, 1987, which shall be filed on 
August 1, 1988. Presubscribed common line data filed on June 30 shall be 
calculated as of December 31 of the preceding year, and presubscribed 
common line data filed on December 30 shall be calculated as of June 30 
of the same year.

[53 FR 28396, July 28, 1988, as amended at 54 FR 50624, Dec. 8, 1989; 62 
FR 32962, June 17, 1997]



Sec. 69.117  Lifeline assistance.

    Effective August 1, 1988 through December 31, 1997
    (a) A charge that is expressed in dollars and cents per line per 
month shall be assessed upon all interexchange carriers that use local 
exchange switching facilities for the provision of interstate or foreign 
telecommunications services and that have at least .05 percent of the 
total common lines presubscribed to interexchange carriers in all study 
areas.
    (b) The charge shall be computed by the association on a semi-annual 
basis by dividing the sum of one-twelfth of the projected annual 
Lifeline Assistance revenue requirement and one-twelfth of the projected 
annual revenue requirement calculated by all telephone companies 
pursuant to Sec. 69.104(l) by the number of common lines presubscribed 
to interexchange carriers defined in Sec. 69.117(a). Beginning on April 
1, 1989, the association shall bill and collect the charge, and disburse 
associated revenue, on a monthly basis pursuant to Sec. 69.603(d).
    (c) Telephone companies shall provide to the association the data 
necessary to compute the charge. These data shall include the number of 
presubscribed common lines in each study area and the number of those 
lines associated with each interexchange carrier serving that study 
area. In a study area served by a single interexchange carrier, all 
common lines shall be considered as presubscribed to that interexchange 
carrier. Information concerning presubscribed common lines shall be 
filed with the association on June 30 and December 30 of each year, 
except for the first such submission, containing presubscribed common 
line data calculated as of December 31, 1987, which shall be filed on 
August 1, 1988. Presubscribed common line data filed on June 30 shall be 
calculated as of December 31 of the preceding year, and presubscribed 
common line data filed on December 30 shall be calculated as of June 30 
of the same year.

[53 FR 28396, July 28, 1988, as amended at 54 FR 50624, Dec. 8, 1989; 62 
FR 32962, June 17, 1997]



Sec. 69.118  Traffic sensitive switched services.

    Notwithstanding Secs. 69.4(b), 69.106, 69.109, 69.110, 69.111, 
69.112, and 69.124, telephone companies subject to the BOC ONA Order, 4 
FCC Rcd 1 (1988) shall, and other telephone companies may, establish 
approved Basic Service Elements as provided in Amendments of part 69 of 
the Commission's rules relating to the Creation of Access Charge 
Subelements for Open Network Architecture, Report and Order, 6 FCC Rcd 
4524 (1991) and 800 data base subelements, as provided in Provision of 
Access for 800 Service, 8 FCC Rcd ________, CC Docket 86-10, FCC 93-53 
(1993). Moreover, all customers that use basic 800 database service 
shall be assessed a charge that is expressed in dollars and cents per 
query. Telephone companies shall take into account revenues from the 
relevant Basic Service Element or Elements and 800 Database Service 
Elements in computing rates for the Local Switching, Entrance 
Facilities, Tandem-Switched Transport, Direct-Trunked Transport, 
Interconnection Charge, and/or Information elements.

[58 FR 7868, Feb. 10, 1993]

[[Page 416]]



Sec. 69.119  Basic service element expedited approval process.

    The rules for filing comments and reply comments on requests for 
expedited approval of new basic service elements are those indicated in 
Sec. 1.45 of the rules, except as specified otherwise.

[56 FR 33881, July 24, 1991]



Sec. 69.120  Line information database.

    (a) A charge that is expressed in dollars and cents per query shall 
be assessed upon all carriers that access validation information from a 
local exchange carrier database to recover the costs of:
    (1) The transmission facilities between the local exchange carrier's 
signalling transfer point and the database; and
    (2) The signalling transfer point facilities dedicated to the 
termination of the transmission facilities connecting the database to 
the exchange carrier's signalling network.
    (b) A charge that is expressed in dollars and cents per query shall 
be assessed upon all carriers that access validation information from a 
local exchange carrier line information database to recover the costs of 
the database.

[57 FR 24380, June 9, 1992]



Sec. 69.121  Connection charges for expanded interconnection.

    (a) Appropriate connection charge subelements shall be established 
for the use of equipment and facilities that are associated with 
offerings of expanded interconnection for special access and switched 
transport services, as defined in part 64, subpart N of this chapter. To 
the extent that the same equipment and facilities are used to provide 
expanded interconnection for both special access and switched transport, 
the same connection charge subelements shall be used.
    (1) A cross-connect subelement shall be established for charges 
associated with the cross-connect cable and associated facilities 
connecting the equipment owned by or dedicated to the use of the 
interconnector with the telephone company's equipment and facilities 
used to provide interstate special or switched access services. Charges 
for the cross-connect subelement shall not be deaveraged within a study 
area that is used for purposes of jurisdictional separations.
    (2) Charges for subelements associated with physical collocation or 
virtual collocation, other than the subelement described in paragraph 
(a)(1) of this section and subelements recovering the cost of the 
virtual collocation equipment described in Sec. 64.1401(e)(1) of this 
chapter, may reasonably differ in different central offices, 
notwithstanding Sec. 69.3(e)(7).
    (b) Connection charge subelements shall be computed based upon the 
costs associated with the equipment and facilities that are included in 
such subelements, including no more than a just and reasonable portion 
of the telephone company's overhead costs.
    (c) Connection charge subelements shall be assessed upon all 
interconnectors that use the equipment or facilities that are included 
in such subelements.

[57 FR 54332, Nov. 18, 1992, as amended by 58 FR 48764, Sept. 17, 1993; 
59 FR 38930, Aug. 1, 1994]



Sec. 69.123  Density pricing zones for special access and switched transport.

    (a) Telephone companies may establish a reasonable number of density 
pricing zones within each study area that is used for the purposes of 
jurisdictional separations, in which at least one interconnector has 
taken the subelement of connection charges for expanded interconnection 
described in Sec. 69.121(a)(1) of this chapter. Only one set of density 
pricing zones shall be established within each study area, to be used 
for the pricing of both special and switched access pursuant to 
paragraphs (c) and (d) of this section.
    (b) Such a system of pricing zones shall be designed to reasonably 
reflect cost-related characteristics, such as the density of total 
interstate traffic in central offices located in the respective zones.
    (c) Notwithstanding Sec. 69.3(e)(7) of this chapter, in study areas 
in which at least one interconnector has taken a cross-connect, as 
described in Sec. 69.121(a)(1) of this chapter, for the transmission of 
interstate special access traffic, telephone companies may

[[Page 417]]

charge rates for special access subelements of DS1, DS3, and such other 
special access services as the Commission may designate, that differ 
depending on the zone in which the service is offered, provided that the 
charges for any such service shall not be deaveraged within any such 
zone.
    (1) A special access service subelement shall be deemed to be 
offered in the zone that contains the telephone company location from 
which the service is provided.
    (2) A special access service subelement provided to a customer 
between telephone company locations shall be deemed to be offered in the 
highest priced zone that contains one of the locations between which the 
service is offered.
    (d) Notwithstanding Sec. 69.3(e)(7) of this chapter, in study areas 
in which at least one interconnector has taken a cross-connect, as 
described in Sec. 69.121(a)(1) of this chapter, for the transmission of 
interstate switched traffic, or is using collocated facilities to 
interconnect with telephone company interstate switched transport 
services, telephone companies may charge rates for subelements of 
direct-trunked transport, tandem-switched transport, entrance 
facilities, and dedicated signalling transport that differ depending on 
the zone in which the service is offered, provided that the charge for 
any such service shall not be deaveraged within any such zone. Telephone 
companies may not, however, charge rates for the interconnection charge 
that differ depending on the zone in which the service is offered.
    (1) A switched transport service subelement shall be deemed to be 
offered in the zone that contains the telephone company location from 
which the service is provided.
    (2) A switched transport service subelement provided to a customer 
between telephone company locations shall be deemed to be offered in the 
highest priced zone that contains either of the locations between which 
the service is offered.
    (e)(1) Telephone companies not subject to price cap regulation may 
charge a rate for each service in the highest priced zone that exceeds 
the rate for the same service in the lowest priced zone by no more than 
fifteen percent of the rate for the service in the lowest priced zone 
during the period from the date that the zones are initially established 
through the following June 30. The difference between the rates for any 
such service in the highest priced zone and the lowest priced zone in a 
study area, measured as a percentage of the rate for the service in the 
lowest priced zone, may increase by no more than an additional fifteen 
percentage points in each succeeding year, measured from the rate 
differential in effect on the last day of the preceding tariff year.
    (2) Telephone companies subject to price cap regulation may charge 
different rates for services in different zones pursuant to 
Sec. 61.47(h) of this chapter.
    (f)(1) An incumbent local exchange carrier that establishes density 
pricing zones under this section must reallocate additional amounts 
recovered under the interconnection charge prescribed in Sec. 69.124 to 
facilities-based transport rates, reflecting the higher costs of serving 
lower-density areas. Each incumbent local exchange carrier must 
reallocate costs from the interconnection charge each time it increases 
the differential between prices in density zones two and one or between 
three and one.
    (2) Any incumbent local exchange carrier that has already deaveraged 
its rates on January 1, 1998 must reallocate an amount equivalent to 
that described in paragraph (f)(1) of this section from the 
interconnection charge prescribed in Sec. 69.124 to its transport 
services.
    (3) Price cap local exchange carriers shall reassign to direct-
trunked transport and tandem-switched transport categories or 
subcategories interconnection charge amounts reallocated under paragraph 
(f)(1) or (f)(2) of this section in a manner that reflects the way 
density pricing zones are being implemented by the incumbent local 
exchange carrier.

[57 FR 54333, Nov. 18, 1992, as amended by 58 FR 48764, Sept. 17, 1993; 
62 FR 31935, June 11, 1997]

    Effective Date Note: At 62 FR 31935, June 11, 1997, Sec. 69.123 was 
amended by adding paragraph (f), effective Jan. 1, 1998.

[[Page 418]]



Sec. 69.124  Interconnection charge.

    (a) For telephone companies not subject to price cap regulation, an 
interconnection charge expressed in dollars and cents per access minute 
shall be assessed upon all interexchange carriers and upon all other 
persons using the telephone company local transport network.
    (b) For telephone companies not subject to price cap regulation, the 
interconnection charge shall be computed by subtracting entrance 
facilities, tandem-switched transport, direct-trunked transport, and 
dedicated signalling transport revenues from the part 69 transport 
revenue requirement, and dividing by the total interstate local 
transport minutes.

[62 FR 31935, June 11, 1997]

    Effective Date Note: At 62 FR 31935, June 11, 1997, Sec. 69.124 was 
revised, effective Jan. 1, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

Sec. 69.124  Interconnection charge.

    (a) An interconnection charge expressed in dollars and cents per 
access minute shall be assessed upon all interexchange carriers and upon 
all other persons interconnecting with the telephone company switched 
access network.
    (b)(1) For telephone companies not subject to price cap regulation, 
the interconnection charge shall be computed by subtracting entrance 
facilities, tandem-switched transport, direct-trunked transport, and 
dedicated signalling transport revenues from the part 69 transport 
revenue requirement, and dividing by the total interstate local 
switching minutes.
    (2) For telephone companies subject to price cap regulation, the 
interconnection charge shall be set initially to comply with the price 
cap rate restructure requirement of revenue neutrality.

[57 FR 54721, Nov. 20, 1992, as amended at 58 FR 41190 and 41191, Aug. 
3, 1993; 58 FR 45267, Aug. 27, 1993]



Sec. 69.125  Dedicated signalling transport.

    (a) Dedicated signalling transport shall consist of two elements, a 
signalling link charge and a signalling transfer point (STP) port 
termination charge.
    (b)(1) A flat-rated signalling link charge expressed in dollars and 
cents per unit of capacity shall be assessed upon all interexchange 
carriers and other persons that use facilities between an interexchange 
carrier or other person's common channel signalling network and a 
telephone company signalling transfer point or equivalent facilities 
offered by a telephone company. Signalling link charges may be distance-
sensitive. Distance shall be measured as airline kilometers between the 
signalling point of interconnection of the interexchange carrier's or 
other person's common channel signalling network and the telephone 
company's signalling transfer point.
    (2) Signalling link rates will generally be presumed reasonable if 
they are based on the interoffice charges for equivalent special access 
services. Telephone companies that have, before February 18, 1993, 
tariffed a signalling link service for signalling transport between the 
interexchange carrier's or other person's common channel signalling 
network and the telephone company's STP are permitted to use the rates 
that are in place.
    (c) A flat-rated STP port termination charge expressed in dollars 
and cents per port shall be assessed upon all interexchange carriers and 
other persons that use dedicated signalling transport.

[57 FR 54721, Nov. 20, 1992, as amended at 58 FR 41191, Aug. 3, 1993; 58 
FR 44950, Aug. 25, 1993; 62 FR 31935, June 11, 1997]

    Effective Date Note: At 62 FR 31935, June 11, 1997, Sec. 69.125 was 
amended by revising paragraph (a), effective Jan. 1, 1998. For the 
convenience of the user, the superseded text is set forth as follows:

Sec. 69.125  Dedicated signalling transport.

    (a) Dedicated signalling transport shall consist of two subelements, 
a signalling link charge and a signalling transfer point (STP) port 
termination charge.

                                * * * * *



Sec. 69.126  Nonrecurring charges.

     Incumbent local exchange carriers shall not assess any nonrecurring 
charges for service connection when an interexchange carrier converts 
trunks from tandem-switched transport to direct-trunked transport or 
when an interexchange carrier orders the disconnection of 
overprovisioned trunks,

[[Page 419]]

until six months after the effective date of the tariffs eliminating the 
unitary pricing option for tandem-switched transport.

[62 FR 31935, June 11, 1997]



Sec. 69.127  Transitional Equal Charge Rule.

    The transport rate structure in effect August 1, 1991, shall be 
retained until the tariffs filed pursuant to the Report and Order in 
Transport Rate Structure and Pricing, CC Docket No. 91-213, FCC 92-442, 
7 FCC Rcd 7006 (1992) become effective.

[57 FR 54722, Nov. 20, 1992]



Sec. 69.128  Billing name and address.

    Appropriate subelements shall be established for the use of 
equipment or facilities that are associated with offerings of billing 
name and address.

[58 FR 36145, July 6, 1993]



Sec. 69.129  Signalling for tandem switching.

    A charge that is expressed in dollars and cents shall be assessed 
upon the purchasing entity by a local telephone company for provision of 
signalling for tandem switching.

[59 FR 32930, June 27, 1994]



 Subpart C--Computation of Charges for Price Cap Local Exchange Carriers

    Source: 62 FR 31935, June 11, 1997, unless otherwise noted.

    Effective Date Note: At 62 FR 31935, June 11, 1997, subpart C 
consisting of Secs. 69.151--69.157 was revised effective Jan. 1, 1998, 
except for Secs. 69.151 and 69.152, which became effective June 15, 
1997.



Sec. 69.151  Applicability.

    This subpart shall apply only to telephone companies subject to the 
price cap regulations set forth in part 61 of this chapter.



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 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) Except as provided in paragraphs (d) through (i) of this 
section, the maximum single line rate or charge shall be computed:
    (1) By dividing one-twelfth of the projected annual revenue 
requirement for the End User Common Line element by the projected 
average number of local exchange service subscriber lines in use during 
such annual period, only so long as a per-minute carrier common line 
charge is assessed or the maximum PICC assessed on primary residential 
lines, plus the maximum end-user common line charge for primary 
residential lines, does not recover the full amount of its per-line 
common line price cap revenues; (and/or)
    (2) By dividing one-twelfth of the projected annual revenues 
permitted for the common line basket under the Commission's price-cap 
rules, as set forth in part 61 of this chapter, by the projected average 
number of local exchange service subscriber lines in use during such 
annual period, if no per-minute carrier common line charge is assessed 
and the maximum PICC assessed on primary residential lines, plus the 
maximum end user common line charge for primary residential lines, 
recovers the full amount of its per-line common line price cap revenues.
    (c) The charge for each subscriber line associated with a public 
telephone shall be equal to the monthly charge computed in accordance 
with paragraph (b) of this section.
    (d)(1) Through December 31, 1997, the monthly charge for each 
primary residential or single line business local exchange service 
subscriber line shall be the charge computed in accordance with 
paragraph (b) of this section, or $3.50, whichever is lower.

[[Page 420]]

    (2) Beginning January 1, 1998, the maximum monthly charge for each 
primary residential or single line business local exchange service 
subscriber line shall be the charge computed in accordance with 
paragraph (b) of this section, or $3.50, whichever is lower.
    (e)(1) Through December 31, 1997, the monthly charge for each non-
primary residential local exchange service subscriber line shall be the 
charge computed in accordance with paragraph (b) of this section, or 
$3.50, whichever is lower.
    (2) Beginning January 1, 1998, the maximum monthly charge for each 
non-primary residential local exchange service subscriber line shall be 
the lower of:
    (i) The maximum charge computed in accordance with paragraph (b) of 
this section; or
    (ii) $5.00. On January 1, 1999, this amount shall be adjusted by the 
inflation factor computed under paragraph (k) of this section, and 
increased by $1.00. On July 1, 2000, and in each subsequent year, this 
amount shall be adjusted by the inflation factor computed under 
paragraph (k) of this section, and increased by $1.00.
    (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) Except as provided in paragraphs (n) and (o) of this section, 
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) [Reserved]
    (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) On January 1, 1999:
    (i) The ceiling for multi-line business subscriber lines under 
paragraph (b)(3) of this section will be adjusted to reflect inflation 
as measured by the change in GDP-PI for the 18 months ending September 
30, 1998.
    (ii) The ceiling for non-primary residential subscriber lines under 
paragraph (e)(2)(ii) of this section will be adjusted to reflect 
inflation as measured by the change in GDP-PI for the 12 months ending 
September 30, 1998.
    (2) On July 1, 2000, the ceiling for multi-line business subscriber 
lines and non-primary residential subscriber lines will be adjusted to 
reflect inflation as measured by the change in GDP-PI for the 18 months 
ending on March 31, 2000.
    (3) On July 1 of each subsequent year, the ceiling for multi-line 
business subscriber lines and non-primary residential subscriber lines 
will be adjusted to reflect inflation as measured by the change in GDP-
PI for the 12 months ending on March 31 of the year the adjustment is 
made.
    (l)(1) Beginning January 1, 1998, local exchange carriers 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 (b) 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) Through December 31, 1997, the End User Common Line charge for a 
residential subscriber shall be 50% of the charge specified in 
paragraphs (b) and (d) of this section if the residential local exchange 
service rate for such

[[Page 421]]

subscribers is reduced by an equivalent amount, provided that such local 
exchange service rate reduction is based upon a means test that is 
subject to verification.
    (o) Paragraphs (o)(1) and (o)(2) of this section are effective 
through December 31, 1997.
    (1) The End User Common Line charge for residential subscribers 
shall be reduced to the extent of the state assistance as calculated in 
paragraph (o)(2) of this section, or waived in full if the state 
assistance equals or exceeds the residential End User Common Line charge 
under the circumstances described in this paragraph. In order to qualify 
for this waiver, the subscriber must be eligible for and receive 
assistance or benefits provided pursuant to a narrowly targeted 
telephone company lifeline assistance program, requiring verification of 
eligibility, implemented by the state or local telephone company. A 
state or local telephone company wishing to implement this End User 
Common Line reduction or waiver for its subscribers shall file 
information with the Commission Secretary demonstrating that its plan 
meets the criteria set out in this section and showing the amount of 
state assistance per subscriber as described in paragraph (o)(2) of this 
section. The reduction or waiver of the End User Common Line charge 
shall be available as soon as the Commission certifies that the state or 
local telephone plan satisfies the criteria set out in this paragraph 
and the relevant tariff provisions become effective.
    (2)(i) The state assistance per subscriber shall be equal to the 
difference between the charges to be paid by the participating 
subscribers and those to be paid by other subscribers for comparable 
monthly local exchange service, service connections and customer 
deposits, except that benefits or assistance for connection charges and 
deposit requirements may only be counted once annually. In order to be 
included in calculating the state assistance, such benefits must be a 
single telephone line to the household's principal residence.
    (ii) The monthly state assistance per participating subscriber shall 
be calculated by adding the amounts calculated in paragraphs 
(o)(2)(ii)(A) and (o)(2)(ii)(B) of this section.
    (A) The amount of the monthly state assistance per participating 
subscriber for local exchange service shall be calculated by dividing 
the annual difference between charges paid by all participating 
subscribers for residential local exchange service and the amount which 
would have been charged to non-qualifying subscribers for comparable 
service by twelve times the number of subscribers participating in the 
state assistance program. Estimates may be used when historic data are 
not available.
    (B) The amount of the monthly state assistance for service 
connections and customer deposits per participating subscriber shall be 
calculated by determining the annual amount of the reductions in these 
charges for participating subscribers each year and dividing this amount 
by twelve times the number of participating subscribers. Estimates may 
be used when historic data are not available.
    (p) Through December 31, 1997, in connection with the filing of 
access tariffs pursuant to Sec. 69.3(a), telephone companies shall 
calculate for the association their projected revenue requirement 
attributable to the operation of Sec. 69.104 (n) through (o). The 
projected amount will be adjusted by the association to reflect the 
actual lifeline assistance benefits paid in the previous period. If the 
actual benefits exceeded the projected amount for that period, the 
differential will be added to the projection for the ensuing period. If 
the actual benefits were less than the projected amount for that period, 
the differential will be subtracted from the projection for the ensuing 
period. Through December 31, 1997, the association shall so adjust 
amounts to the Lifeline Assistance revenue requirement, bill and collect 
such amounts from interexchange carriers pursuant to Sec. 69.117 and 
distribute the funds to qualifying telephone companies pursuant to 
Sec. 69.603(d).

[62 FR 31935, June 11, 1997, as amended at 62 FR 40464, July 29, 1997]

    Effective Date Note: At 62 FR 40464, July 29, 1997, Sec. 69.152 was 
amended by revising paragraph (b), effective Jan. 1, 1998. For the

[[Page 422]]

convenience of the user, the superseded text is set forth as follows:

Sec. 69.152  End user common line for price cap local exchange carriers.

                                * * * * *

    (b) Except as provided in paragraphs (d) through (i) of this 
section, the maximum single line rate or charge shall be computed:
    (1) By dividing one-twelfth of the projected annual revenue 
requirement for the End User Common Line element by the projected 
average number of local exchange service subscriber lines in use during 
such annual period, only so long as a per-minute carrier common line 
charge is assessed or the multi-line PICC defined in Sec. 69.153 
recovers common line revenues.
    (2) By dividing one-twelfth of the projected annual revenues 
permitted for the common line basket under the Commission's price cap 
rules, as set forth in part 61 of this chapter, by the projected average 
number of local exchange service subscriber lines in use during such 
annual period, if no per-minute carrier common line charge is assessed 
and the multi-line PICC defined in Sec. 69.153 does not recover any 
common line revenues.
    (3) Provided, however, that the charge for each local exchange 
service subscriber line shall not exceed $9.00 as adjusted by the 
inflation factor computed under paragraph (k) of this section.

                                * * * * *



Sec. 69.153  Presubscribed interexchange carrier charge (PICC).

    (a) A charge expressed in dollars and cents per line may be assessed 
upon the subscriber's presubscribed interexchange carrier to recover the 
common line revenues permitted under the price cap rules in part 61 of 
this chapter that cannot be recovered through the end user common line 
charge established under Sec. 69.152, residual interconnection charge 
revenues, and certain marketing expenses described in Sec. 69.156(a). In 
the event the ceilings on the PICC prevent the PICC from recovering all 
the residual common line, residual interconnection charge revenues, and 
marketing expenses, the PICC shall recover all residual common line 
revenues before it recovers residual interconnection charge revenues, 
and all residual interconnection charge revenues before it recovers 
marketing expenses.
    (b) If an end-user customer does not have a presubscribed 
interexchange carrier, the local exchange carrier may collect the PICC 
directly from the end user.
    (c) The maximum monthly PICC for primary residential subscriber 
lines and single-line business subscriber lines shall be the lower of:
    (1) One twelfth of the sum of annual common line revenues and 
residual interconnection charge revenues permitted under our price cap 
rules divided by the projected average number of local exchange service 
subscriber lines in use during such annual period, minus $3.50; or
    (2) $0.53. On January 1, 1999, this amount shall be adjusted by the 
inflation factor computed under paragraph (e) of this section, and 
increased by $0.50. On July 1, 2000, and in each subsequent year, this 
amount shall be adjusted by the inflation factor computed under 
paragraph (e) of this section, and increased by $0.50.
    (d) To the extent that a local exchange carrier cannot recover its 
full common line revenues, residual interconnection charge revenues, and 
those marketing expense revenues described in Sec. 69.156(a) permitted 
under price cap regulation through the recovery mechanisms established 
in Sec. 69.152, paragraph (c) of this section, and Sec. 69.156 (b) and 
(c), the local exchange carrier may assess a PICC on multi-line business 
subscriber lines and non-primary residential subscriber lines.
    (1) The maximum monthly PICC for non-primary residential subscriber 
lines shall be the lower of:
    (i) One twelfth of the annual common line, residual interconnection 
charge, and Sec. 69.156(a) marketing expense revenues permitted under 
the price cap rules set forth in part 61 of this chapter, less the 
maximum amounts permitted to be recovered through the recovery 
mechanisms under Sec. 69.152, paragraph (c) of this section, and 
Sec. 69.156 (b) and (c), divided by the total number of projected non-
primary residential and multi-line business subscriber lines in use 
during such annual period; or
    (ii) $1.50. On January 1, 1999, this amount shall be adjusted by the 
inflation factor computed under paragraph (e) of this section, and 
increased by

[[Page 423]]

$1.00. On July 1, 2000, and in each subsequent year, this amount shall 
be adjusted by the inflation factor computed under paragraph (e) of this 
section, and increased by $1.00.
    (2) If the maximum monthly PICC for non-primary residential 
subscriber lines is determined using paragraph (d)(1)(i) of this 
section, the maximum monthly PICC for multi-line business subscriber 
lines shall equal the maximum monthly PICC of non-primary residential 
subscriber lines. Otherwise, the maximum monthly PICC for multi-line 
business lines shall be the lower of:
    (i) One twelfth of the annual common line, residual interconnection 
charge, and Sec. 69.156(a) marketing expense revenues permitted under 
parts 61 and 69 of this chapter, less the maximum amounts permitted to 
be recovered through the recovery mechanisms under Sec. 69.152, 
paragraphs (c) and (d)(1)(i) of this section, and Sec. 69.156 (b) and 
(c), divided by the total number of projected multi-line business 
subscriber lines in use during such annual period; or
    (ii) $2.75. On January 1, 1999, this amount shall be adjusted by the 
inflation factor computed under paragraph (e) of this section, and 
increased by $1.50. On July 1, 2000, and in each subsequent year, this 
amount shall be adjusted by the inflation factor computed under 
paragraph (e) of this section, and increased by $1.50.
    (e) For the PICC ceiling for primary residential subscriber lines 
and single-line business subscriber lines under paragraph (c)(2) of this 
section, non-primary residential subscriber lines under paragraph 
(d)(1)(ii) of this section, and multi-line business subscriber lines 
under paragraph (d)(2)(ii) of this section:
    (1) On January 1, 1999, the ceiling will be adjusted to reflect 
inflation as measured by the change in GDP-PI for the 12 months ending 
September 30, 1998.
    (2) On July 1, 2000, the ceiling will be adjusted to reflect 
inflation as measured by the change in GDP-PI for the 18 months ending 
on March 31, 2000.
    (3) On July 1 of each subsequent year, the ceiling will be adjusted 
to reflect inflation as measured by the change in GDP-PI for the 12 
months ending on March 31 of the year the adjustment is made.
    (f)(1) Local exchange carriers shall assess no more than one PICC as 
calculated under the applicable method under paragraph (d)(1) of this 
section for Basic Rate Interface integrated services digital network 
(ISDN) service.
    (2) Local exchange carriers shall assess no more than five PICCs as 
calculated under paragraph (d)(2) of this section for Primary Rate 
Interface ISDN service.

[62 FR 31937, June 11, 1997; 62 FR 40460, July 29, 1997]



Sec. 69.154  Per-minute carrier common line charge.

    (a) Local exchange carriers may recover a per-minute carrier common 
line charge from interexchange carriers, collected on originating access 
minutes and calculated using the weighting method set forth in paragraph 
(c) of this section. The maximum such charge shall be the lower of:
    (1) The per-minute rate that would recover annual common line 
revenues permitted less the maximum amounts allowed to be recovered 
under Secs. 69.152 and 69.153; or
    (2) The sum of the local switching, carrier common line and 
interconnection charge charges assessed on originating minutes on 
December 31, 1997, minus the local switching charges assessed on 
originating minutes.
    (b) To the extent that paragraph (a) of this section does not 
recover from interexchange carriers all permitted carrier common line 
revenue, the excess may be collected through a per-minute charge on 
terminating access calculated using the weighting method set forth in 
paragraph (c) of this section.
    (c) For each Carrier Common Line access element tariff, the premium 
originating Carrier Common Line charge shall be set at a level that 
recovers revenues allowed under paragraphs (a) and (b) of this section. 
The non-premium charges shall be equal to .45 multiplied by the premium 
charges.

[[Page 424]]



Sec. 69.155  Per-minute residual interconnection charge.

    (a) Local exchange carriers may recover a per-minute residual 
interconnection charge on originating access. The maximum such charge 
shall be the lower of:
    (1) The per-minute rate that would recover the total annual residual 
interconnection charge revenues permitted less the portion of the 
residual interconnection charge allowed to be recovered under 
Sec. 69.153; or
    (2) The sum of the local switching, carrier common line and residual 
interconnection charges assessed on originating minutes on December 31, 
1997, minus the local switching charges assessed on originating minutes, 
less the maximum amount allowed to be recovered under Sec. 69.154(a).
    (b) To the extent that paragraph (a) of this section prohibits a 
local exchange carrier from recovering all of the residual 
interconnection charge revenues permitted, the residual may be collected 
through a per-minute charge on terminating access.
    (c) Any charge assessed pursuant to paragraphs (a) or (b) of this 
section shall be assessed only upon minutes utilizing the local exchange 
carrier's local transport service.

[62 FR 31938, June 11, 1997; 62 FR 40460, July 29, 1997]



Sec. 69.156  Marketing expenses.

    (a) Local exchange carriers shall recover marketing expenses that 
are allocated to the common line and traffic sensitive baskets, and the 
switched services within the trunking basket pursuant to Secs. 32.6610 
of this chapter and 69.403.
    (b) The expenses described in paragraph (a) of this section may be 
recovered from non-primary residential subscriber lines, by increasing 
the end user common line charge described in Sec. 69.152(e). The amount 
of marketing expenses permitted to be recovered in this manner shall be 
the total marketing expenses described in paragraph (a) of this section 
divided by the sum of non-primary residential lines and multi-line 
business lines. In no event shall the end user common line charge for 
these lines exceed the lower of the ceilings established in Sec. 69.152 
(b)(3) and (e)(2)(ii).
    (c) The expenses described in paragraph (a) of this section may be 
recovered from multi-line business subscriber lines, by increasing the 
end user common line charge described in Sec. 69.152(b). The amount 
permitted to be recovered in this manner shall be the total marketing 
expenses described in paragraph (a) of this section divided by the sum 
of non-primary residential lines and multi-line business lines. In no 
event shall the end user common line charge for these lines exceed the 
ceiling established in Sec. 69.152(b)(3).
    (d) In the event that the ceilings set forth in paragraphs (b) and 
(c) of this section, and Sec. 69.153(d) prevent a local exchange carrier 
from recovering fully the marketing expenses described in paragraph (a) 
of this section, the local exchange carrier may recover the remainder 
through a per-minute assessment on originating access minutes, so long 
as the charge for originating access does not exceed the amount defined 
in Sec. 69.155(a)(2) less the maximum permitted to be recovered under 
Sec. 69.155(a).
    (e) In the event that the ceilings set forth in paragraphs (b), (c) 
and (d) of this section, and Sec. 69.153(d) prevent a local exchange 
carrier from recovering fully the marketing expenses described in 
paragraph (a) of this section, the local exchange carrier may recover 
the remainder through a per-minute assessment on terminating access 
minutes.
    (f) The amount of marketing expenses that may be recovered each year 
shall be adjusted in accordance with the price cap rules set forth in 
part 61 of this chapter.



Sec. 69.157  Line port costs in excess of basic, analog service.

    To the extent that the costs of ISDN line ports, and line ports 
associated with other services, exceed the costs of a line port used for 
basic, analog service, local exchange carriers may recover the 
difference through a separate monthly end user charge.

    Effective Date Note: At 62 FR 48486, Sept. 16, 1997, subpart C 
formerly consisting of Secs. 69.201, 69.203, 69.204, 69.205, and 69.209 
was

[[Page 425]]

removed effective Jan. 1, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

 Subpart C--Computation of Charges for Price Cap Local Exchange Carriers

Sec. 69.201  General.

    Notwithstanding Secs. 69.4, 69.104, 69.106, and 69.111 through 
69.112, charges for the access elements described in this subpart shall 
be computed in accordance with this subpart during the period commencing 
January 1, 1984 and ending December 31, 1992. This subpart does not 
supersede Sec. 69.106 (c) through (e).

[54 FR 6293, Feb. 9, 1989]

Sec. 69.203  Transitional end user common line charges.

    (a) Except as provided in Secs. 69.104 and 69.204, the End User 
Common Line charge for single line business subscribers, single line 
residential subscribers, and multi-line residential subscribers shall be 
the lesser of the charge computed in Sec. 69.104(c) or $2 per line per 
month until June 30, 1987; $2.60 per line per month during the period 
from July 1, 1987 through November 30, 1988; $3.20 per line per month 
during the period from December 1, 1988 through March 31, 1989; and 
$3.50 per month thereafter.
    (b) The End User Common Line charge for each subscriber line used 
for Centrex-CO service that was in place or on order as of July 27, 
1983, shall be the lesser of the charge computed in Sec. 69.104(c) of $3 
per line per month until June 30, 1987; $4 per line per month during the 
period from July 1, 1987 through November 30, 1988; $5 per line per 
month for the period from December 1, 1988 through March 31, 1989; and 
$6 per line per month thereafter.
    (c) No charge shall be assessed for any WATS access line.
    (d) Except as provided in paragraphs (f) and (g), the End User 
Common Line charge for single line and multi-line residential 
subscribers shall be $1 per month per line during the June 1, 1985--May 
31, 1986 period and $2 per month per line after May 31, 1986.
    (e) The End User Common Line charge for each multi-party subscriber 
shall be assessed as if such subscriber had subscribed to single-party 
service.
    (f) Until December 31, 1997, the End User Common Line charge for a 
residential subscriber shall be 50% of the charge specified in 
paragraphs (d) and (e) if the residential local exchange rate for such 
subscribers is reduced by an equivalent amount, provided that such local 
exchange service rate reduction is based upon a means test that is 
subject to verification.
    (g)(1) Paragraphs (g)(1) and (g)(2) are effective until December 31, 
1997. The End User Common Line charge for residential subscribers shall 
be reduced to the extent of the state assistance as calculated in 
paragraph (g)(2) of this section, or waived in full if the state 
assistance equals or exceeds the residential End User Common Line Charge 
under the circumstances described below. In order to qualify for this 
waiver, the subscriber must be eligible for and receive assistance or 
benefits provided pursuant to a narrowly targeted telephone lifeline 
assistance plan requiring verification of eligibility, implemented by 
the state or local telephone company. A state or local telephone company 
wishing to implement this End User Common Line reduction or waiver for 
its subscribers shall file information with the Commission Secretary 
demonstrating that its plan meets the criteria set out in this section, 
and showing the amount of state assistance per subscriber as described 
in paragraph (g)(2) of this section. The reduction or waiver of the End 
User Common Line Charge shall be available as soon as the Commission 
certifies that the state or local telephone plan satisfies the criteria 
set out in this subsection, and the relevant tariff provisions become 
effective.
    (2)(i) The state assistance per subscriber shall be equal to the 
difference between the charges to be paid by participating subscribers 
and those to be paid by other subscribers for comparable monthly local 
exchange service, service connections and customer deposits, except that 
benefits or assistance for connection charges and deposit requirements 
may only be counted once annually. In order to be included in 
calculating the state assistance, such benefits must be for a single 
telephone line to the household's principal residence.
    (ii) The monthly state assistance per participating subscriber shall 
be calculated by adding the amounts calculated in paragraphs (g)(2)(ii) 
(A) and (B) of this section.
    (A) The amount of the monthly state assistance per participating 
subscriber for local exchange service charges shall be calculated by 
dividing the annual difference between the charges paid by all 
participating subscribers for residential local exchange service and the 
amount which would have been charged to non-qualifying subscribers for 
comparable service by twelve times the number of subscribers 
participating in the state assistance program. Estimates may be used 
when historic data is not available.
    (B) The amount of the monthly state assistance for service 
connections and customer deposits per participating subscriber shall be 
calculated by determining the annual amount of the reductions in these 
charges for participating subscribers each year, and dividing this 
amount by twelve times the number of participating subscribers. 
Estimates may be used when historic data is not available.

[[Page 426]]

    (h) No charge shall be assessed for any WATS access line.

[50 FR 944, Jan. 8, 1985, as amended at 50 FR 9636, Mar. 11, 1985; 51 FR 
1374, Jan. 13, 1986; 51 FR 10841, Mar. 31, 1986; 51 FR 15003, Apr. 22, 
1986; 52 FR 21542, June 8, 1987; 62 FR 32962, June 17, 1997]

Sec. 69.204  Optional alternative carrier common line tariff provisions.

    (a) A telephone company that files a concurrence described in 
subsection (c) of this section may file Optional Alternative Carrier 
Common Line tariff provisions for a particular study area to encourage 
use of telephone company access service facilities by interexchange 
carriers and large volume users. Such tariff provisions shall be 
designed to ensure that large volume users of interstate or foreign 
telecommunications services in such study area will receive the benefit 
of any reduction in Carrier Common Line charges. These tariff provisions 
shall be filed on a minimum of 90 days notice.
    (b) A telephone company that files an Optional Alternative Carrier 
Common charge may file a surcharge upon End User Common Line charges, to 
be effective on a minimum of 90 days notice, if
    (1) A uniform surcharge is imposed upon all monthly End User Common 
Line charges in such study area;
    (2) The monthly surcharge does not exceed 35 cents; and
    (3) Such surcharge revenues are not likely to exceed the difference 
between the annual revenues that would have been produced by the 
association Carrier Common Line charge and the annual revenues that will 
be produced by the Optional Alternative Carrier Common Line tariff 
provisions.
    (c) A concurrence may be issued by a public utility commission that 
regulates intrastate telecommunications services in the relevant area or 
by the CC Docket 80-286 Joint Board. A telephone company may request a 
concurrence from the CC Docket 80-286 Joint Board if, but only if, the 
appropriate public utility commission declines to issue a concurrence or 
fails to act upon a request for a concurrence within 60 days after such 
request has been filed. A concurrence shall signify that a majority of 
such commission or Joint Board agree that the Optional Alternative 
Carrier Common Line tariff provisions are warranted to deter bypass in 
the affected area and that any End User Common Line surcharge is not 
likely to impair universal service in the affected area.

[50 FR 944, Jan. 8, 1985]

Sec. 69.205  Transitional premium charges.

    (a) Charges that are computed in accordance with this section shall 
be asessed upon interexchange carriers or other persons that receive 
premium access in lieu of carrier charges that are computed in 
accordance with Secs. 69.106, 69.111, 69.112, and 69.118 of this part if 
any carrier or other person does not receive premium access, as this 
term is defined in Sec. 69.105.
    (b) Separate Local Switching transitional premium charges that are 
expressed in dollars and cents per access minute shall be computed for 
the LS1 and LS2 categories. The LS1 category shall consist of local dial 
switching for services other than MTS, WATS and services receiving 
access to the local switch equal to that received by MTS and WATS. The 
LS2 category shall consist of local dial switching for MTS, WATS and 
services receiving access to the local switch equal to that received by 
MTS and WATS.
    (c) Except for telephone companies subject to price cap regulation, 
as that term is defined in Sec. 61.3(v) of this chapter, the charge for 
an LS2 premium access minute shall be computed by dividing the premium 
Local Switching revenue requirement by the sum of the projected LS2 
premium access minutes and a number that is computed by multiplying the 
projected LS1 premium access minutes by the applicable LS1 transition 
factor. For all telephone companies, the charge for an LS1 premium 
access minute shall be computed by multiplying the charge for an LS2 
premium minute by the applicable LS1 transition factor. For telephone 
companies that are not subject to price cap regulation, as that term is 
defined in Sec. 61.3(v) of this chapter, the premium Local Switching 
revenue requirement shall be computed by subtracting the projected 
revenues from non-premium charges attributable to the Local Switching 
element from the revenue requirement for each element.
    (d) During each of the following years the LS1 transition factor 
shall be:
    (1) January 1, 1988 through March 31, 1989--.78;
    (2) April 1, 1989 through June 30, 1990--.86;
    (3) July 1, 1990 through June 30, 1991--.905;
    (4) July 1, 1990 through June 30, 1992--.955; and
    (5) July 1, 1992 through December 31, 1992--.98
    (e) Transitional premium charges that are computed in accordance 
with applicable requirements shall be assessed for the Transport element 
or elements. Such premium charges shall be designed to produce total 
annual revenue that is equal to the premium transport revenue 
requirement. The premium transport revenue requirement shall be computed 
by subtracting projected revenues from non-premium charges attributable 
to the Transport element or elements from the revenue requirement for 
such element or elements.

[54 FR 6293, Feb. 9, 1989, as amended at 55 FR 42387, Oct. 19, 1990; 55 
FR 50559, Dec. 7, 1990; 56 FR 33881, July 24, 1991]

[[Page 427]]

Sec. 69.209  Annual 1989 access tariff filings.

    Notwithstanding Sec. 69.3, tariffs for access service shall be filed 
to be effective April 1, 1989 for a period extending through June 30, 
1990. Such tariffs shall be filed so as to provide a minimum of 90 days 
notice.

[55 FR 6990, Feb. 28, 1990]



               Subpart D--Apportionment of Net Investment

    Source:  52 FR 37312, Oct. 6, 1987, unless otherwise noted.



Sec. 69.301  General.

    (a) For purposes of computing annual revenue requirements for access 
elements net investment as defined in Sec. 69.2 (z) shall be apportioned 
among the interexchange category, the billing and collection category 
and access elements as provided in this subpart. For purposes of this 
subpart, local transport includes five elements: entrance facilities, 
direct-trunked transport, tandem-switched transport, dedicated signaling 
transport, and the interconnection charge. Expenses shall be apportioned 
as provided in subpart E of this part.
    (b) The End User Common Line and Carrier Common Line elements shall 
be combined for purposes of this subpart and subpart E of this part. 
Those elements shall be described collectively as the Common Line 
element. The Common Line element revenue requirement shall be segregated 
in accordance with subpart F of this part.

[52 FR 37312, Oct. 6, 1987, as amended at 57 FR 54722, Nov. 20, 1992]



Sec. 69.302  Net investment.

    (a) Investment in Accounts 2001, 1220 and Class B Rural Telephone 
Bank Stock booked in Account 1402 shall be apportioned among the 
interexchange category, billing and collection category and appropriate 
access elements as provided in Secs. 69.303 through 69.309.
    (b) Investment in Accounts 2002, 2003 and to the extent such 
inclusions are allowed by this Commission, Account 2005 shall be 
apportioned on the basis of the total investment in Account 2001, 
Telecommunications Plant in Service.

[52 FR 37312, Oct. 6, 1987, as amended at 54 FR 3456, Jan. 24, 1989]



Sec. 69.303  Information origination/termination equipment (IOT).

     Investment in all other IOT shall be apportioned between the 
Special Access and Common Line elements on the basis of the relative 
number of equivalent lines in use, as provided herein. Each interstate 
or foreign Special Access Line, excluding lines designated in 
Sec. 69.115(e), shall be counted as one or more equivalent lines where 
channels are of higher than voice bandwidth, and the number of 
equivalent lines shall equal the number of voice capacity analog or 
digital channels to which the higher capacity is equivalent. Local 
exchange subscriber lines shall be multiplied by the interstate 
Subscriber Plant Factor to determine the number of equivalent local 
exchange subscriber lines.

[52 FR 37312, Oct. 6, 1987, as amended at 62 FR 31938, June 11, 1997]



Sec. 69.304  Subscriber line cable and wire facilities.

    (a) Investment in local exchange subscriber lines shall be assigned 
to the Common Line element.
    (b) Investment in interstate and foreign private lines and 
interstate WATS access lines shall be assigned to the Special access 
element.

[52 FR 37312, Oct. 6, 1987, as amended at 62 FR 31938, June 11, 1997]



Sec. 69.305  Carrier cable and wire facilities (C&WF).

    (a) Carrier C&WF that is not used for ``origination'' or 
``termination'' as defined in Sec. 69.2(bb) and Sec. 69.2(cc) shall be 
assigned to the interexchange category.
    (b) Carrier C&WF, other than WATS access lines, not assigned 
pursuant to paragraph (a), (c), or (e) of this section that is used for 
interexchange services that use switching facilities for origination and 
termination that are also used for local exchange telephone service 
shall be apportioned to the local Transport elements.

[[Page 428]]

    (c) Carrier C&WF that is used to provide transmission between the 
local exchange carrier's signalling transfer point and the database 
shall be assigned to the Line Information Database sub-element at 
Sec. 69.120(a).
    (d) All Carrier C&WF that is not apportioned pursuant to paragraphs 
(a), (b), (c), and (e) of this section shall be assigned to the Special 
Access element.
    (e) Carrier C&WF that is used to provide transmission between the 
local exchange carrier's signalling transfer point and the local switch 
shall be assigned to the local switching category.

[52 FR 37312, Oct. 6, 1987, as amended at 57 FR 24380, June 9, 1992; 58 
FR 30995, May 28, 1993; 62 FR 31938, June 11, 1997]

    Effective Date Note: At 62 FR 31938, June 11, 1997, Sec. 69.305 was 
amended by revising paragraphs (b) and (d) and by adding paragraph (e), 
effective Jan. 1, 1998. For the convenience of the user, the superseded 
text is set forth as follows:

Sec. 69.305  Carrier cable and wire facilities (C&WF).

                                * * * * *

    (b) Carrier C&WF, other than WATS access lines, not assigned 
pursuant to paragraph (a) or (c) of this section that is used for 
interexchange services that use switching facilities for origination and 
termination that are also used for local exchange telephone service 
shall be apportioned to the Transport elements.

                                * * * * *

    (d) All Carrier C&WF that is not apportioned pursuant to paragraphs 
(a), (b), and (c) of this section shall be assigned to the Special 
Access element.



Sec. 69.306  Central office equipment (COE).

    (a) The Separations Manual categories shall be used for purposes of 
apportioning investment in such equipment except that any Central office 
equipment attributable to local transport shall be assigned to the 
Transport elements.
    (b) COE Category 1 (Operator Systems Equipment) shall be apportioned 
among the interexchange category and the access elements as follows: 
Category 1 that is used for intercept services shall be assigned to the 
Local Switching element. Category 1 that is used for directory 
assistance shall be assigned to the Information element. Category 1 
other than service observation boards that is not assigned to the 
Information element and is not used for intercept services shall be 
assigned to the interexchange category. Service observation boards shall 
be apportioned among the interexchange category, and the Information and 
Transport access elements based on the remaining combined investment in 
COE Category 1, Category 2 and Category 3.
    (c) COE Category 2 (Tandem Switching Equipment) that is deemed to be 
exchange equipment for purposes of the Modification of Final Judgment in 
United States v. Western Electric Co. shall be assigned to the tandem 
switching charge subelement and the interconnection charge element. COE 
Category 2 which is associated with the signal transfer point function 
shall be assigned to the local switching category. COE Category 2 which 
is used to provide transmission facilities between the local exchange 
carrier's signalling transfer point and the database shall be assigned 
to the Line Information Database subelement at Sec. 69.120(a). All other 
COE Category 2 shall be assigned to the interexchange category.
    (d) COE Category 3 (Local Switching Equipment) shall be assigned to 
the Local Switching element except as provided in paragraph (a) of this 
section; and that, for telephone companies subject to price cap 
regulation set forth in part 61 of this chapter, line-side port costs 
shall be assigned to the Common Line rate element.
    (e) COE Category 4 (Circuit Equipment) shall be apportioned among 
the interexchange category and the Common Line, Transport, and Special 
Access elements. COE Category 4 shall be apportioned in the same 
proportions as the associated Cable and Wireless Facilities; except that 
any DS1/voice-grade multiplexer investment associated with analog local 
switches and assigned to the local transport category by this section 
shall be reallocated to the local switching category.

[52 FR 37312, Oct. 6, 1987, as amended at 57 FR 54722, Nov. 20, 1992; 58 
FR 30995, May 28, 1993; 62 FR 31938, June 11, 1997]

[[Page 429]]


    Effective Date Note: At 62 FR 31938, June 11, 1997, Sec. 69.306 was 
amended by revising paragraphs (c), (d), and (e), effective Jan. 1, 
1998. For the convenience of the user, the superseded text is set forth 
as follows:

Sec. 69.306  Central office equipment (COE).

                                * * * * *

    (c) COE Category 2 (Tandem Switching Equipment) that is deemed to be 
exchange equipment for purposes of the Modification of Final Judgment in 
United States v. Western Electric Co. shall be assigned to the tandem 
switching charge subelement and the interconnection charge element. COE 
Category 2 which is used to provide transmission facilities between the 
local exchange carrier's signalling transfer point and the database 
shall be assigned to the Line Information Database subelement at 
Sec. 69.120(a). All other COE Category 2 shall be assigned to the 
interexchange category.
    (d) COE Category 3 (Local Switching Equipment) shall be assigned to 
the Local Switching element except as provided in paragraph (a) of this 
section.
    (e) COE Category 4 (Circuit Equipment) shall be apportioned among 
the interexchange category, and the Common Line, Limited Pay Telephone, 
Transport, and Special Access elements. COE Category 4 shall be 
apportioned in the same proportions as the associated Cable and Wire 
Facilities.



Sec. 69.307  General support facilities.

    (a) General purpose computer investment used in the provision of the 
Line Information Database sub-element at Sec. 69.120(b) shall be 
assigned to that sub-element.
    (b) General purpose computer investment used in the provision of the 
billing name and address element at Sec. 69.128 shall be assigned to 
that element.
    (c) All other General Support Facilities investments shall be 
apportioned among the interexchange category, the billing and collection 
category, and Common Line, Local Switching, Information, Transport, and 
Special Access elements on the basis of Central Office Equipment, 
Information Origination/Termination Equipment, and Cable and Wire 
Facilities, combined.

[58 FR 30995, May 28, 1993, as amended at 58 FR 36145, July 6, 1993; 62 
FR 31939, June 11, 1997; 62 FR 40464, July 29, 1997]



Sec. 69.308  [Reserved]



Sec. 69.309  Other investment.

    Investment that is not apportioned pursuant to Secs. 69.302 through 
69.307 shall be apportioned among the interexchange category, the 
billing and collection category and access elements in the same 
proportions as the combined investment that is apportioned pursuant to 
Secs. 69.303 through 69.307.

[62 FR 31939, June 11, 1997]

    Effective Date Note: At 62 FR 31939, June 11, 1997, Sec. 69.309 was 
revised, effective Jan. 1, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

Sec. 69.309  Other investment.

    Investment that is not apportioned pursuant to Secs. 69.302 through 
69.308 shall be apportioned among the interexchange category, the 
billing and collection category, and access elements in the same 
proportions as the combined investment that is apportioned pursuant to 
Secs. 69.303 through 69.308.



Sec. 69.310  Capital leases.

    Capital Leases in Account 2680 shall be directly assigned to the 
appropriate interexchange category or access elements consistent with 
the treatment prescribed for similar plant costs or shall be apportioned 
in the same manner as Account 2001.



                  Subpart E--Apportionment of Expenses

    Source:  52 FR 37313, Oct. 6, 1987, unless otherwise noted.



Sec. 69.401  Direct expenses.

    (a) Plant Specific Operations Expenses in Accounts 6110 and 6120 
shall be apportioned among the interexchange category, the billing and 
collection category and appropriate access elements on the following 
basis:
    (1) Account 6110--Apportion on the basis of other investment 
apportioned pursuant to Sec. 69.309.
    (2) Account 6120--Apportion on the basis of General and Support 
Facilities investment pursuant to Sec. 69.307.
    (b) Plant Specific Operations Expenses in Accounts 6210, 6220, and 
6230, shall be apportioned among the interexchange category and access 
elements on the basis of the apportionment of

[[Page 430]]

the investment in Accounts 2210, 2220, and 2230, respectively; provided 
that any expenses associated with DS1/voice-grade multiplexers, to the 
extent that they are not associated with an analog tandem switch, 
assigned to the local transport category by this paragraph shall be 
reallocated to the local switching category; provided further that any 
expenses associated with common channel signalling included in Account 
6210 shall be assigned to the local transport category.
    (c) Plant Specific Operations Expenses in Accounts 6310 and 6410 
shall be assigned to the appropriate investment category and shall be 
apportioned among the interexchange category and access elements in the 
same proportions as the total associated investment.
    (d) Plant Non Specific Operations Expenses in Accounts 6510 and 6530 
shall be apportioned among the interchange category, the billing and 
collection category, and access elements in the same proportions as the 
combined investment in COE, IOT, and C&WF apportioned to each element 
and category.
    (e) Plant Non Specific Operations Expenses in Account 6540 shall be 
assigned to the interexchange category.
    (f) Plant Non Specific Operations Expenses in Account 6560 shall be 
apportioned among the interexchange category, the billing and collection 
category, and access elements in the same proportion as the associated 
investment.
    (g) Amortization of embedded customer premises wiring investment 
shall be deemed to be associated with Sec. 69.303(b) IOT investment for 
purposes of the apportionment described in paragraph (c) of this 
section.

[52 FR 37313, Oct. 6, 1987, as amended at 62 FR 31939, June 11, 1997]

    Effective Date Note: At 62 FR 31939, June 11, 1997, Sec. 69.401 was 
amended by revising paragraph (b), effective Jan. 1, 1998. For the 
convenience of the user, the superseded text is set forth as follows:

                                * * * * *

    (b) Plant Specific Operations Expenses in Accounts 6210, 6220 and 
6230 shall be apportioned among the interchange category and access 
elements on the basis of the apportionment of the total COE investment.

                                * * * * *



Sec. 69.402  Operating taxes (Account 7200).

    (a) Federal income taxes, state and local income taxes, and state 
and local gross receipts or gross earnings taxes that are collected in 
lieu of a corporate income tax shall be apportioned among the 
interexchange category, the billing and collection category and all 
access elements based on the approximate net taxable income on which the 
tax is levied (positive or negative) applicable to each element and 
category.
    (b) All other operating taxes shall be apportioned among the 
interexchange category, the billing and collection category and all 
access elements in the same manner as the investment apportioned to each 
element and category pursuant to Sec. 69.309 Other Investment.



Sec. 69.403  Marketing expense (Account 6610).

    Marketing expense shall be apportioned among the interexchange 
category and all access elements in the same proportions as the combined 
investment that is apportioned pursuant to Sec. 69.309.



Sec. 69.404  Telephone operator services expenses in Account 6620.

    Telephone Operator Services expenses shall be apportioned among the 
interexchange category, and the Local Switching and Information elements 
based on the relative number of weighted standard work seconds. For 
those companies who contract with another company for the provision of 
these services, the expenses incurred shall be directly assigned among 
the interexchange category and the Local Switching and Information 
elements on the basis of the bill rendered for the services provided.



Sec. 69.405  Published directory expenses in Account 6620.

    Published Directory expenses shall be assigned to the Information 
element.

[[Page 431]]



Sec. 69.406  Local business office expenses in Account 6620.

    (a) Local business office expenses shall be assigned as follows:
    (1) End user service order processing expenses attributable to 
presubscription shall be apportioned among the Common Line, Switching, 
and Transport elements in the same proportion as the investment 
apportioned to those elements pursuant to Sec. 69.309.
    (2) End user service order processing, payment and collection, and 
billing inquiry expenses attributable to the company's own interstate 
private line and special access service shall be assigned to the Special 
Access element.
    (3) End user service order processing, payment and collection, and 
billing inquiry expenses attributable to interstate private line service 
offered by an interexhange carrier shall be assigned to the billing and 
collection category.
    (4) End user service order processing, payment and collection, and 
billing inquiry expenses attributable to the company's own interstate 
message toll service shall be assigned to the interexchange category. 
End user service order processing, payment and collection, and billing 
inquiry expenses attributable to interstate message toll service offered 
by an interexchange carrier shall be assigned to the billing and 
collection category. End user payment and collection and billing inquiry 
expenses attributable to End User Common Line access billing shall be 
assigned to the Common Line element.
    (5) End user service order processing, payment and collection, and 
billing inquiry expenses attributable to TWX service shall be assigned 
to the Special Access element.
    (6) Interexchange carrier service order processing, payment and 
collection, and billing inquiry expenses attributable to private lines 
and special access shall be assigned to the Special Access element.
    (7) Interexchange carrier service order processing, payment and 
collection, and billing inquiry expenses attributable to interstate 
switched access and message toll, shall be apportioned among the Common 
Line, Local Switching and Transport elements in the same proportion as 
the investment apportioned to those elements pursuant to Sec. 69.309.
    (8) Interexchange carrier service order processing, payment and 
collection, and billing inquiry expenses attributable to billing and 
collection service shall be assigned to the billing and collection 
category.

[52 FR 37313, Oct. 6, 1987, as amended at 62 FR 31939, June 11, 1997]



Sec. 69.407  Revenue accounting expenses in Account 6620.

    (a) Revenue accounting expenses that are attributable to End User 
Common Line access billings shall be assigned to the Common Line 
element.
    (b) Revenue Accounting Expenses that are attributable to carrier's 
carrier access billing and collecting expense shall be apportioned among 
all carrier's carrier access elements except the Common Line element. 
Such expenses shall be apportioned in the same proportion as the 
combined investment in COE, C&WF and IOT apportioned to those elements.
    (c) Revenue Accounting Expenses allocated to the interstate 
jurisdiction that are attributable to the provision of billing name and 
address information shall be assigned to the Billing Name and Address 
element.
    (d) All other Revenue Accounting Expenses shall be assigned to the 
billing and collection category.

[52 FR 37313, Oct. 6, 1987, as amended at 58 FR 65671, Dec. 16, 1993]



Sec. 69.408  All other customer services expenses in Account 6620.

    All other customer services expenses shall be apportioned among the 
Interexchange category, the billing and collection category and all 
access elements based on the combined expenses in Secs. 69.404 through 
69.407.

[52 FR 37313, Oct. 6, 1987, as amended at 54 FR 3456, Jan. 24, 1989]



Sec. 69.409  Corporate operations expenses (Accounts 6710 and 6720).

    All corporate operations expenses shall be apportioned among the 
interexchange category, the billing and collection category and all 
access elements in accordance with the Big 3 Expense Factor as defined 
in Sec. 69.2(f).

[[Page 432]]



Sec. 69.411  Other expenses.

    Except as provided in Secs. 69.412, 69.413, and 69.414, expenses 
that are not apportioned pursuant to Secs. 69.401 through 69.409 shall 
be apportioned among the interexchange category and all access elements 
in the same manner as Sec. 69.309 Other investment.

[62 FR 31639, June 11, 1997]

    Effective Date Note: At 62 FR 31939, June 11, 1997, Sec. 69.411 was 
revised, effective Jan. 1, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

Sec. 69.411  Other expenses.

    Except as provided Secs. 69.412, 69.413, and 69.414, expenses that 
are not apportioned pursuant to Secs. 69.401 through 69.410 shall be 
apportioned among the interexchange category and all access elements in 
the same manner as Sec. 69.309 Other investment.



Sec. 69.412  Non participating company payments/receipts.

    For telephone companies that are not association Common Line tariff 
participants, the payment or receipt of funds described in 
Sec. 69.612(a) and (b) shall be apportioned, respectively, as an 
addition to or a deduction from their common line revenue requirement.



Sec. 69.413  Universal service fund expenses.

    Expenses allocated to the interstate jurisdiction pursuant to 
Secs. 36.631 and 36.641 shall be assigned to the Carrier Common Line 
Element until March 31, 1989. Beginning April 1, 1989, such expenses 
shall be assigned to the Universal Service Fund Element.



Sec. 69.414  Lifeline assistance expenses.

    Expenses allocated to the interstate jurisdiction pursuant to 
Sec. 36.741 shall be assigned to the Carrier Common Line element until 
March 31, 1989. Beginning April 1, 1989, such expenses shall be assigned 
to the Lifeline Assistance element.



    Subpart F--Segregation of Common Line Element Revenue Requirement



Sec. 69.501  General.

    (a) [Reserved]
    (b) Any portion of the Common Line element annual revenue 
requirement that is attributable to CPE investment or expense or 
surrogate CPE investment or expense shall be assigned to the Carrier 
Common Line element or elements.
    (c) Any portion of the Common Line element annual revenue 
requirement that is attributable to customer premises wiring included in 
IOT investment or expense shall be assigned to the Carrier Common Line 
element or elements.
    (d) [Reserved]
    (e) Any portion of the Common Line element revenue requirement that 
is not assigned to Carrier Common Line elements pursuant to paragraphs 
(a), (b), and (c) of this section shall be apportioned between End User 
Common Line and Carrier Common Line pursuant to Sec. 69.502. Such 
portion of the Common Line element annual revenue requirement shall be 
described as the base factor portion for purposes of this subpart.

[48 FR 10358, Mar. 11, 1983, as amended at 50 FR 18262, Apr. 30, 1985; 
52 FR 21542, June 8, 1987; 52 FR 37314, Oct. 6, 1987; 61 FR 65364, Dec. 
12, 1996; 62 FR 31939, June 11, 1997]

    Effective Date Note: At 62 FR 31939, June 11, 1997, Sec. 69.501 was 
amended by removing and reserving paragraph (a), effective Jan. 1, 1998. 
For the convenience of the user, the superseded text is set forth as 
follows:

Sec. 69.501  General.

    (a) Any portion of the Common Line element annual revenue 
requirement that is attributable to long term support or transitional 
support shall be assigned to the Carrier Common Line element.

                                * * * * *



Sec. 69.502  Base factor allocation.

    Projected revenues from the following shall be deducted from the 
base factor portion to determine the amount that is assigned to the 
Carrier Common Line element:
    (a) End User Common Line charges, less any marketing expense 
revenues recovered through end user common line charges pursuant to 
Sec. 69.156;
    (b) Special Access surcharges; and

[[Page 433]]

    (c) The portion of per-line support that carriers receive pursuant 
to Sec. 54.303.

[62 FR 31939, June 11, 1997, as amended at 62 FR 40464, July 29, 1997]

    Effective Date Note: At 62 FR 31939, June 11, 1997, Sec. 69.502 was 
revised, effective Jan. 1, 1998. For the convenience of the user, the 
superseded text is set forth as follows:

Sec. 69.502  Base factor allocation.

    The projected revenues from the End User Common Line charges and 
Special Access surcharges shall be deducted from the base factor portion 
to determine the amount that is assigned to the Carrier Common Line 
element. End User Common Line charges that are waived pursuant to 
Sec. 69.104 (j) and (k) shall be included in projected End User Common 
Line revenues for purposes of this computation.

[52 FR 21542, June 8, 1987]



                 Subpart G--Exchange Carrier Association



Sec. 69.600  Definitions.

    High Cost and Low Income Committee. The term ``High Cost and Low 
Income Committee'' shall refer to a committee of the Board of Directors 
of the Administrator's independent subsidiary that will have the power 
and authority to bind the independent subsidiary's Board of Directors on 
issues relating to the administration of the high cost and low-income 
support mechanisms, as described in Sec. 69.615.
    Rural Health Care Corporation. The term ``Rural Health Care 
Corporation'' shall refer to the corporation created pursuant to 
Sec. 69.617 that shall administer specified portions of the universal 
service support mechanism as described in Sec. 69.618.
    Schools and Libraries Corporation. The term ``Schools and Libraries 
Corporation'' shall refer to the corporation created pursuant to 
Sec. 69.617 that shall administer specified portions of the universal 
service support mechanism, as described in Sec. 69.619.

[62 FR 41306, Aug. 1, 1997]



Sec. 69.601  Exchange carrier association.

    (a) An association shall be established in order to prepare and file 
access charge tariffs on behalf of all telephone companies that do not 
file separate tariffs or concur in a joint access tariff of another 
telephone company for all access elements.
    (b) All telephone companies that participate in the distribution of 
Carrier Common Line revenue requirement, pay long term support to 
association Common Line tariff participants, or receive payments from 
the transitional support fund administered by the association shall be 
deemed to be members of the association.
    (c) All data submissions to the association required by this title 
shall be accompanied by the following certification statement signed by 
the officer or employee responsible for the overall preparation for the 
data submission:

                              Certification

    I am (title of certifying officer or employee). I hereby certify 
that I have overall responsibility for the preparation of all data in 
the attached data submission for (name of carrier) and that I am 
authorized to execute this certification. Based on information known to 
me or provided to me by employees responsible for the preparation of the 
data in this submission, I hereby certify that the data have been 
examined and reviewed and are complete, accurate, and consistent with 
the rules of the Federal Communications Commission.
 Date:__________________________________________________________________

 Name:__________________________________________________________________

 Title:_________________________________________________________________

(Persons making willful false statements in this data submission can be 
punished by fine or imprisonment under the provisions of the U.S. Code, 
Title 18, Section 1001).

[48 FR 10358, Mar. 11, 1983, as amended at 52 FR 21542, June 8, 1987; 60 
FR 19530, Apr. 19, 1995]



Sec. 69.602  Board of directors.

    (a) For purposes of this section, the association membership shall 
be divided into three subsets:
    (1) The first subset shall consist of the telephone companies owned 
and operated by the seven Regional Bell Holding Companies;
    (2) The second subset shall consist of all other telephone companies 
with annual operating revenues in excess of forty million dollars;
    (3) The third subset shall consist of all other telephone companies. 
All commonly controlled companies shall be deemed to be one company for 
purposes of this section.

[[Page 434]]

    (b) There shall be fifteen directors of the association.
    (c) Until 1996, three directors shall represent the first subset, 
three directors shall represent the second subset, and nine directors 
shall represent the third subset. In 1996 and thereafter, two directors 
shall represent the first subset, two directors shall represent the 
second subset, six directors shall represent the third subset, and five 
directors shall represent all three subsets.
    (d) No director who represents all three subsets shall be a current 
or former officer or employee of the association or of any association 
member, or have a business relationship or other interest that could 
interfere with his or her exercise of independent judgment.
    (e) Each subset shall select the directors who will represent it 
individually through an annual election in which each member of the 
subset shall be entitled to vote for the number of directors that will 
represent such members' subset.
    (f) The association membership shall select the directors for the 
following calendar year who will represent all three subsets through an 
annual election in which each member of the association shall be 
entitled to one vote for each director position. There shall be at least 
two candidates meeting the qualifications in paragraph (d) of this 
section for each such director position:
    (1) In any election in which the most recently elected director for 
such position is not a qualified candidate;
    (2) If there has been no election for such position having more than 
one qualified candidate during the present and the two preceding 
calendar years; and
    (3) In any election for which the ballot lists two or more qualified 
candidates.
    (g) At least one director representing all three subsets shall be a 
member of each committee of association directors.
    (h) For each access element or group of access elements for which 
voluntary pooling is permitted, there shall be a committee that is 
responsible for the preparation of charges for the associated access 
elements that comply with all applicable sections in this part.
    (i) Directors shall serve for a term of one year commencing January 
1 and concluding on December 31 of each year.

[60 FR 19530, Apr. 19, 1995]



Sec. 69.603  Association functions.

    (a) The Association shall not engage in any activity that is not 
related to the preparation of access charge tariffs or the collection 
and distribution of access charge revenues or the operation of a billing 
and collection pool on an untariffed basis unless such activity is 
expressly authorized by order of the Commission.
    (b) Participation in Commission or court proceedings relating to 
access charge tariffs, the billing and collection of access charges, the 
distribution of access charge revenues, or the operation of a billing 
and collection pool on an untariffed basis shall be deemed to be 
authorized association activities.
    (c) Upon the incorporation and commencement of operations by the 
association's independent subsidiary that, pursuant to Sec. 69.613(a), 
will administer temporarily specified portions of the universal service 
support mechanisms, the association shall no longer administer the 
Universal Service charge, including the direct billing to and collection 
of associated revenues on a monthly basis from interexchange carriers 
pursuant to Sec. 60.116 of this chapter and the distribution of these 
revenues to qualified telephone companies based on their share of 
expenses assigned to the Universal Service Factor portion of the 
interstate allocation pursuant to Sec. 36.631 of this chapter. Such 
functions shall be assumed by the independent subsidiary of the 
association as provided in Sec. 69.613. Commencing on January 1, 1998, 
the billing and collection of universal service support for high cost 
areas shall be performed in a manner consistent with Sec. 54.709 of this 
chapter.
    (d) Upon the incorporation and commencement of operations by the 
association's independent subsidiary that, pursuant to Sec. 69.613, will 
administer temporarily specified portions of the universal service 
support mechanisms, the association shall no longer administer the 
Lifeline Assistance charge, including the direct billing to and 
collection of associated revenues on a

[[Page 435]]

monthly basis from interexchange carriers pursuant to Sec. 69.117, and 
the distribution of these revenues to qualified telephone companies 
based on their share of expenses assigned to the Lifeline Assistance 
Fund pursuant to Sec. 36.741 of this chapter and of End User Common Line 
charges associated with the operation of Sec. 69.104(j) through (l). 
Such functions shall be assumed by the independent subsidiary of the 
association as provided in Sec. 69.613. Commencing on January 1, 1998, 
the billing and collection of Lifeline support shall be performed in a 
manner consistent with Sec. 54.709 of this chapter.
    (e) Upon the incorporation and commencement of operations by the 
association's independent subsidiary that, pursuant to Sec. 69.613, will 
administer temporarily specified portions of the universal service 
support mechanisms, the association shall no longer compute, in 
accordance with Secs. 69.105 and 69.612, the mandatory Long Term Support 
payment of telephone companies that are not association Common Line 
tariff participants, bill or collect the appropriate amounts on a 
monthly basis from such telephone companies, or distribute Long Terms 
Support revenue among association Carrier Common Line tariff 
participants. Such functions shall be assumed by the independent 
subsidiary of the association as provided in Sec. 69.613. Commencing on 
January 1, 1998, the computation, billing, and collection of Long Term 
Support shall be performed in a manner consistent with Sec. 54.303 of 
this chapter.
    (f) The association shall also prepare and file an access charge 
tariff containing terms and conditions for access service and form for 
the filing of rate schedules by telephone companies that choose to 
reference these terms and conditions while filing their own access 
rates.
    (g) The association shall divide the expenses of its operations into 
two categories. The first category (``Category I Expenses'') shall 
consist of those expenses that are associated with the preparation, 
defense, and modification of association tariffs, those expenses that 
are associated with the administration of pooled receipts and 
distributions of exchange carrier revenues resulting from association 
tariffs, those expenses that are associated with association functions 
pursuant to Sec. 69.603 (c)-(g), and those expenses that pertain to 
Commission proceedings involving subpart G of part 69 of the 
Commission's rules. The second category (``Category II Expenses'') shall 
consist of all other association expenses. Category I Expenses shall be 
sub-divided into three components in proportion to the revenues 
associated with each component. The first component (``Category I.A 
Expenses'') shall be in proportion to the Universal Service Fund and 
Lifeline Assistance revenues. The second component (``Category I.B 
Expenses'') shall be in proportion to the sum of the association End 
User Common Line revenues, the association Carrier Common Line revenues, 
the association Special Access Surcharge revenues, the Long Term Support 
payments and the Transitional Support payments. The third component 
(``Category I.C Expenses'') shall be in proportion to the revenues from 
all other association interstate access charges.
    (h)(1) The revenue requirement for association tariffs filed 
pursuant to Sec. 69.4(c) shall not include any association expenses 
other than Category I.A Expenses.
    (2) The revenue requirement for association tariffs filed pursuant 
to Sec. 69.4 (a) and (b)(2) shall not include any Association expenses 
other than Category I.B Expenses.
    (3) The revenue requirement for association tariffs filed pursuant 
to Sec. 69.4(b) (1) and (3)-(7) shall not include any association 
expenses other than Category I.C Expenses.
    (4) No distribution to an exchange carrier of Universal Service Fund 
and Lifeline Assistance revenues shall include adjustments for 
association expenses other than Category I.A Expenses.
    (5) No distribution to an exchange carrier of revenues from 
association End User Common Line or Carrier Common Line charges, Special 
Access Surcharges or Long Term Support or Transitional Support payments 
shall include adjustments for association expenses other than Category 
I.B Expenses.
    (6) No distribution to an exchange carrier of revenues from 
association

[[Page 436]]

interstate access charges other than End User Common Line and Carrier 
Common Line charges and Special Access Surcharges shall include 
adjustments for association expenses other than Category I.C Expenses.
    (7) The association shall separately identify all Category I.A, I.B 
and I.C expenses in cost support materials filed with each annual 
association access tariff filing.

[54 FR 8197, Feb. 27, 1989, as amended at 54 FR 8199, Feb. 27, 1989; 62 
FR 41306, Aug. 1, 1997]



Sec. 69.604  Billing and collection of access charges.

    (a) Telephone companies shall bill and collect all access charges 
except those charges specified in Secs. 69.116 and 69.117.
    (b) All access charges shall be billed monthly.

[51 FR 9012, Mar. 17, 1986, as amended at 52 FR 21543, June 8, 1987]



Sec. 69.605  Reporting and distribution of pool access revenues.

    (a) Access revenues and cost data shall be reported by participants 
in association tariffs to the association for computation of monthly 
pool revenues distributions in accordance with this subpart.
    (b) Association expenses incurred during the month that are 
allowable access charge expenses shall be reimbursed before any other 
funds are disbursed.
    (c) Except as provided in paragraph (b) of this section, payments to 
average schedule companies that are computed in accordance with 
Sec. 69.606 shall be disbursed before any other funds are disbursed. For 
purposes of this part, a telephone company that was participating in 
average schedule settlements on December 1, 1982, shall be deemed to be 
an average schedule company except that any company that does not join 
in association tariffs for all access elements shall not be deemed to be 
an average schedule company.
    (d) The residue shall be disbursed to telephone companies that are 
not average schedule companies in accordance with Secs. 69.607 through 
69.610.
    (e) The association shall submit a report on or before February 1 of 
each calendar year describing the association's cost study review 
process for the preceding calendar year as well as the results of that 
process. For any revisions to cost study results made or recommended by 
the association that would change the respective carrier's calculated 
annual common line or traffic sensitive revenue requirement by ten 
percent or more, the report shall include the following information:
    (1) The name of the carrier;
    (2) A detailed description of the revisions;
    (3) The amount of the revisions;
    (4) The impact of the revisions on the carrier's calculated common 
line and traffic sensitive revenue requirements; and
    (5) The carrier's total annual common line and traffic sensitive 
revenue requirement.

[48 FR 10358, Mar. 11, 1983, as amended at 51 FR 17027, May 8, 1986; 52 
FR 21543, June 8, 1987; 54 FR 11537, Mar. 21, 1989; 60 FR 19530, Apr. 
19, 1995]



Sec. 69.606  Computation of average schedule company payments.

    (a) Payments shall be made in accordance with a formula approved or 
modified by the Commission. Such formula shall be designed to produce 
disbursements to an average schedule company that simulate the 
disbursements that would be received pursuant to Sec. 69.607 by a 
company that is representative of average schedule companies.
    (b) The association shall submit a proposed revision of the formula 
for each annual period subsequent to December 31, 1986, or certify that 
a majority of the directors of the association believe that no revisions 
are warranted for such period on or before December 31 of the preceding 
year.

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

[48 FR 10358, Mar. 11, 1983, as amended at 50 FR 41356, Oct. 10, 1985; 
55 FR 6990, Feb. 28, 1990]



Sec. 69.607  Disbursement of Carrier Common Line residue.

    (a) The association shall compute a monthly net balance for each 
member

[[Page 437]]

telephone company that is not an average schedule company. If such a 
company has a negative net balance, the association shall bill that 
amount to such company. If such a company has a positive net balance, 
the association shall disburse that amount to such company.
    (b) The net balance for such a company shall be computed by 
multiplying a hypothetical net balance for such a company by a factor 
that is computed by dividing the Carrier Common Line residue by the sum 
of the hypothetical net balances for such companies.
    (c) The hypothetical net balance for each company shall be the sum 
of the hypothetical net balances for each access element. Such 
hypothetical net balances shall be computed in accordance with 
Secs. 69.608 to 69.610.

[48 FR 10358, Mar. 11, 1983, as amended at 51 FR 42237, Nov. 24, 1986]



Sec. 69.608  Carrier Common Line hypothetical net balance.

    The hypothetical net balance shall be equal to a Carrier Common Line 
revenue requirement for each such company that is computed in accordance 
with subpart F of this part.



Sec. 69.609  End User Common Line hypothetical net balances.

    (a) If the company does not participate in the association tariff 
for such element, the hypothetical net balance shall be zero.
    (b) If the company does participate in the association tariff for 
such element, the hypothetical net balance shall be computed by 
multiplying an amount that is computed by deducting access revenues 
collected by such company for such element from an End User Common Line 
revenue requirement for such company that is computed in accordance with 
subpart F of this part by a factor that is computed by dividing access 
revenues collected by all such companies for such element by an End User 
Common Line revenue requirement for all such companies that is computed 
in accordance with subpart F of this part.



Sec. 69.610  Other hypothetical net balances.

    (a) The hypothetical net balance for an access element other than a 
Common Line element shall be computed as provided in this section.
    (b) If the company does not participate in the association tariff 
for such element, the hypothetical net balance shall be zero.
    (c) If the company does participate in the association tariff for 
such element, the hypothetical net balance shall be computed by 
deducting access revenues collected for such element from the sum of 
expense attributable to such element and the element residue apportioned 
to such company. The element residue shall be apportioned among such 
companies in the same proportions as the net investment attributable to 
such element.
    (d) The element residue shall be computed by deducting expenses of 
all participating companies attributable to such element from revenues 
collected by all participating companies for such element.

[48 FR 10358, Mar. 11, 1983, as amended at 51 FR 42237, Nov. 24, 1986]



Sec. 69.611  Effect of optional alternative carrier common line tariff provisions and end user common line surcharges.

    (a) The existence or potential existence of Optional Alternative 
tariff provisions filed pursuant to Sec. 69.204 shall not affect the 
computation of association charges for any access element.
    (b) End User Common Line surcharge revenues shall not be included in 
End User Common Line revenues for purposes of computing pool 
distributions.
    (c) The Carrier Common Line residue that is computed pursuant to 
Sec. 69.605 shall be increased by adding an amount that is computed by 
subtracting the Carrier Common Line revenues attributable to study areas 
with Alternative Carrier Common Line tariff provisions from the 
projected Carrier Common Line revenues for such study areas that would 
have been received at the association Carrier Common Line rate.
    (d) The Carrier Common Line residue distribution that is computed 
pursuant to Sec. 69.607 shall be reduced for a company that has 
effective Alternative

[[Page 438]]

Carrier Common Line tariff provisions by subtracting an amount that is 
computed by subtracting the Carrier Common Line revenues attributable to 
such company's study area of areas with Alternative Carrier Common Line 
tariff provisions from the projected Carrier Common Line revenues for 
such study area or areas that would have been received at the 
association Carrier Common Line rate.

[50 FR 945, Jan. 8, 1985]

    Effective Date Note: At 62 FR 31939, June 11, 1997, Sec. 69.611 was 
removed, effective Jan. 1, 1998.



Sec. 69.612  Long term and transitional support.

    A telephone company that does not participate in the association 
Common Line tariff shall have computed by the association:
    (a) Long term support obligation. (1) Beginning July 1, 1994 and 
until December 31, 1997, the Long Term Support payment obligation of 
telephone companies that do not participate in the NECA Common Line 
tariff shall equal the difference between the projected Carrier Common 
Line revenue requirement of association Common Line tariff participants 
and the projected revenue recovered by the association Carrier Common 
Line charge as calculated pursuant to Sec. 69.105(b)(1).
    (2) For the period from April 1, 1989 through June 30, 1994, the 
Long Term Support payment obligation shall be funded by all telephone 
companies that are not association Common Line tariff participants and 
do not receive transitional support pursuant to Sec. 69.612(b). The 
percentage of the total annual Long Term Support requirement paid by 
each telephone company in this group that is not a Level I or Level II 
Contributor shall equal the number of its common lines divided by the 
total number of common lines of all telephone companies paying Long Term 
Support. The remaining amount of Long Term Support requirement shall be 
allocated among Level I and Level II Contributors based upon the amount 
of each Level I and Level II Contributor's 1988 contributions to the 
association Common Line pool in relation to the total amount of 1988 
Common Line pool contributions of all other Level I and Level II 
Contributors. The association shall inform each telephone company about 
its mandatory Long Term Support obligations within a reasonable time 
prior to the filing of each telephone company's annual Common Line 
tariff revisions or other similar filing ordered by the Commission. Such 
amounts shall represent a negative net balance due to the association 
that it shall bill, collect, and distribute pursuant to Sec. 69.603(e).
    (3) Beginning July 1, 1994, and thereafter, the Long Term Support 
payment obligation shall be funded by each telephone company that files 
its own Carrier Common Line tariff does not receive transitional 
support. The percentage of the total annual Long Term Support 
requirement paid by each of these companies shall equal the number of 
its common lines divided by the total number of common lines of all 
telephone companies paying Long Term Support. The association shall 
inform each telephone company about its Long Term Support obligation 
within a reasonable time prior to the filing of each telephone company's 
annual Common Line tariff revisions or other similar filing ordered by 
the Commission. Such amounts shall represent a negative net balance due 
to the association that it shall bill, collect, and distribute pursuant 
to Sec. 69.603(f).
    (b) Transitional support. (1) Telephone Companies categorized as 
Level I and Level II Receivers that file their own Common Line tariffs 
effective April 1, 1989 shall receive Transitional Support for a four 
year period commencing April 1, 1989. Level II Receivers that file their 
own Common Line tariffs effective July 1, 1990 shall receive 
Transitional Support for a four year period commencing July 1, 1990. 
Transitional Support for each of these telephone companies shall be 
computed on the basis of the net revenues less revenue requirement 
amounts for 1988 (adjusted for the additional revenues resulting from an 
increase in End User Common Line charges to $3.50). Transitional Support 
for these telephone companies during the transition shall be as follows:

Year 1--80% of the adjusted 1988 frozen amount

[[Page 439]]

Year 2--60% of the adjusted 1988 frozen amount
Year 3--40% of the adjusted 1988 frozen amount
Year 4--20% of the adjusted 1988 frozen amount

    (2) For the period from April 1, 1989 through June 30, 1994, the 
Transitional Support Fund shall be funded by all telephone companies or 
groups of affiliated telephone companies that are not association Common 
Line tariff participants and do not qualify under Sec. 69.612(b)(1) for 
Transitional Support payments.

[55 FR 6990, Feb. 28, 1990, as amended at 62 FR 32962, June 17, 1997]



Sec. 69.613  Temporary administrator of universal service support mechanisms.

    (a) The association shall establish an independent subsidiary 
through which the association shall administer temporarily the portions 
of the universal service support mechanisms described in Sec. 69.616 
until the permanent Administrator is established and ready to commence 
operations. The independent subsidiary shall be incorporated under the 
laws of Delaware and shall be designated the Universal Service 
Administrative Company. The association shall submit the independent 
subsidiary's proposed articles of incorporation, bylaws, and any other 
documents necessary to incorporate the independent subsidiary to the 
Commission by August 1, 1997 for review prior to the independent 
subsidiary's incorporation.
    (b) As a condition of its appointment as the temporary Administrator 
of the universal service support mechanisms, the association shall agree 
to make available, if the association or its independent subsidiary is 
not appointed permanent Administrator, any and all intellectual 
property, including, but not limited to, all records and information 
generated by or resulting from the independent subsidiary's temporary 
administration of the universal service support mechanisms, and to make 
such property available to whomever the Commission directs, free of 
charge. Such property includes, but is not limited to, databases, 
processing systems, computer software programs, lists, records, 
information, or equipment created or purchased and used in the temporary 
administration of the universal service support mechanisms. The 
association must specify any property it proposes to exclude from the 
foregoing types of property based on the existence of such property 
prior to the effective date of the association's appointment as the 
temporary Administrator.
    (c) As a further condition of its appointment as the temporary 
Administrator of the universal service support mechanisms, the 
association and the independent subsidiary must provide services to the 
Corporations, such as contracting for the services of association or 
independent subsidiary employees, loans or transfers of assets, upon the 
request of the Corporations and on reasonable terms.

[62 FR 41306, Aug. 1, 1997]



Sec. 69.614  Independent subsidiary Board of Directors.

    (a) The independent subsidiary described in Sec. 69.613(a) shall 
have a Board of Directors separate from the association's Board of 
Directors. Except as expressly permitted, the association's Board of 
Directors shall be prohibited from participating in the functions of the 
independent subsidiary.
    (b) The independent subsidiary's Board of Directors shall consist of 
17 directors:
    (1) Three directors shall represent incumbent local exchange 
carriers, with one director representing the Bell Operating Companies 
and GTE, one director representing ILECs (other than the Bell Operating 
Companies) with annual operating revenues in excess of $40 million, and 
one director representing ILECs (other than the Bell Operating 
Companies) with annual operating revenues of $40 million or less;
    (2) Two directors shall represent interexchange carriers, with one 
director representing interexchange carriers with more than $3 billion 
in annual operating revenues and one director representing interexchange 
carriers with annual operating revenues of $3 billion or less;
    (3) One director shall represent commercial mobile radio service 
(CMRS) providers;
    (4) One director shall represent competitive local exchange 
carriers;

[[Page 440]]

    (5) One director shall represent cable operators;
    (6) One director shall represent information service providers;
    (7) Three directors shall represent schools that are eligible to 
receive discounts pursuant to Sec. 54.501 of this chapter;
    (8) One director shall represent libraries that are eligible to 
receive discounts pursuant to Sec. 54.501 of this chapter;
    (9) One director shall represent rural health care providers that 
are eligible to receive supported services pursuant to Sec. 54.601 of 
this chapter;
    (10) One director shall represent low-income consumers;
    (11) One director shall represent state telecommunications 
regulators; and
    (12) One director shall represent state consumer advocates.
    (c) The industry and non-industry groups that will be represented on 
the independent subsidiary's Board of Directors as specified in 
Sec. 69.614(b)(1) through (12) shall nominate by consensus the 
independent subsidiary's directors. Each of these industry and non-
industry groups shall submit the name of its nominee for a seat on the 
independent subsidiary's Board of Directors, along with relevant 
professional and biographical information about the nominee, to the 
Chairman of the Federal Communications Commission within 14 calendar 
days of the publication of these rules in the Federal Register. Only 
members of the industry or non-industry group that a Board member will 
represent may submit a nomination for that position.
    (d) The Chairman of the Federal Communications Commission shall 
review the nominations submitted by industry and non-industry groups and 
shall select the independent subsidiary's Board of Directors. If an 
industry or non-industry group does not reach consensus on a nominee or 
fails to submit a nomination for a position on the independent 
subsidiary's Board of Directors, the Chairman of the Federal 
Communications Commission shall select an individual to represent such 
group on the independent subsidiary's Board of Directors.
    (e) The directors on the independent subsidiary's Board shall be 
appointed for two-year terms and may be reappointed for subsequent terms 
pursuant to the initial nomination and appointment process described in 
paragraph (d) of this section. If a Board member vacates his or her seat 
prior to the completion of his or her term, the independent subsidiary 
will notify the Common Carrier Bureau of such vacancy, and a successor 
will be chosen pursuant to the initial nomination and appointment 
process described in paragraph (d) of this section
    (f) The independent subsidiary's Board of Directors shall convene 
its first meeting within 14 calendar days of the appointment of the 
directors to the independent subsidiary's Board.
    (g) All meetings of the independent subsidiary's Board of Directors 
shall be open to the public and held in Washington, D.C.
    (h) Each member of the independent subsidiary's Board of Directors 
shall be entitled to receive reimbursement for expenses directly 
incurred as a result of his or her participation on the independent 
subsidiary's Board of Directors.

[62 FR 41307, Aug. 1, 1997]



Sec. 69.615  High Cost and Low Income Committee.

    The independent subsidiary's Board of Directors shall require in its 
bylaws the creation of a High Cost and Low Income Committee with the 
power and authority to bind the independent subsidiary's Board of 
Directors on issues relating to the administration of the high cost and 
low-income support mechanisms, as specifically delineated in the 
independent subsidiary's bylaws. The High Cost and Low-Income Committee 
will consist of ten members: the seven service provider representatives 
(i.e., the representatives listed in Sec. 69.614(b)(1) through (4)) and 
the low-income, state consumer advocate, and state telecommunications 
regulator representatives. In the event that a majority of the members 
of the Committee is unable to reach a decision, the Chairman of the 
Committee is authorized to cast an additional vote to resolve the 
deadlock.

[62 FR 41307, Aug. 1, 1997]

[[Page 441]]



Sec. 69.616  Independent subsidiary functions.

    (a) The independent subsidiary shall be solely responsible for 
administering the universal service support mechanisms for high-cost 
areas and low-income consumers, including billing contributors, 
collecting contributions to the universal service support mechanisms, 
and disbursing universal service support funds. The independent 
subsidiary also shall be required to perform any other duties of the 
Administrator that relate to the billing, collection, and disbursement 
of funds that are specified elsewhere in the Commission's universal 
service rules.
    (b) With respect to the universal service support mechanisms for 
schools, libraries, and rural health care providers, the independent 
subsidiary shall be responsible for billing contributors to the 
universal service support mechanisms, collecting contributions to the 
universal service support mechanisms, and disbursing universal service 
support funds within 20 days following receipt of authorization to 
disburse such funds from the Schools and Libraries Corporation and Rural 
Health Care Corporation.
    (c) The independent subsidiary may advocate positions before the 
Commission and its staff only on administrative matters relating to the 
universal service support mechanisms.
    (d) The independent subsidiary shall maintain books of account 
separate from those of the association. The independent subsidiary's 
books of account shall be maintained in accordance with generally 
accepted accounting principles. The independent subsidiary may borrow 
start-up funds from NECA. Such funds may not be drawn from the 
Telecommunications Relay Services (TRS) fund or TRS administrative 
expense accounts.

[62 FR 41308, Aug. 1, 1997]



Sec. 69.617  Schools and Libraries Corporation and Rural Health Care Corporation.

    (a) Schools and Libraries and Rural Health Care Corporations. The 
association shall incorporate two unaffiliated corporations. The two 
corporations shall be not-for-profit, non-stock corporations 
incorporated in the state of Delaware. The corporations shall be 
designated the Schools and Libraries Corporation and the Rural Health 
Care Corporation. After incorporating the Schools and Libraries 
Corporation and the Rural Health Care Corporation, the association shall 
take such steps as are necessary to make the Corporations independent 
of, and unaffiliated with, the association and independent subsidiary. 
The association shall submit to the Commission for approval the proposed 
articles of incorporation, bylaws, and any documents necessary to 
incorporate the Schools and Libraries Corporation and Rural Health Care 
Corporation by August 1, 1997. The Schools and Libraries Corporation and 
Rural Health Care Corporation should continue to perform their 
designated functions, as described in Secs. 69.618 and 69.619, after the 
date on which the permanent Administrator is selected and commences 
operations.
    (b) Schools and Libraries Corporation's Board of Directors. The 
Board of Directors of the Schools and Libraries Corporation shall 
consist of seven directors and will be composed as follows:
    (1) The three directors representing eligible schools on the 
independent subsidiary's Board of Directors also shall serve on the 
Board of Directors of the Schools and Libraries Corporation;
    (2) The director representing eligible libraries on the independent 
subsidiary's Board of Directors also shall serve on the Board of 
Directors of the Schools and Libraries Corporation.
    (3) One director representing one of the categories of 
telecommunications service providers on the independent subsidiary's 
Board of Directors also shall serve on the Schools and Libraries 
Corporation's Board of Directors. The independent subsidiary's Board of 
Directors shall select the telecommunications service provider 
representative who will serve on the Schools and Libraries Corporation's 
Board of Directors within seven calendar days of the first meeting of 
the independent subsidiary's Board of Directors;
    (4) One independent director who does not represent schools, 
libraries, or service providers shall be selected by the Chairman of the 
Federal Communications Commission to serve on the

[[Page 442]]

Schools and Libraries Corporation's Board of Directors. The Chairman of 
the Federal Communications Commission will select such an independent 
director simultaneously with selection of the independent subsidiary's 
Board members.
    (5) The directors representing schools, libraries, and service 
providers and the independent director on the Schools and Libraries 
Corporation's Board of Directors shall submit to the Chairman of the 
Federal Communications Commission a candidate to serve as the Chief 
Executive Officer (CEO) of the Schools and Libraries Corporation. The 
chosen CEO shall serve on the Schools and Libraries Corporation's Board 
of Directors.
    (c) Rural Health Care Corporation's Board of Directors. The Board of 
Directors of the Rural Health Care Corporation shall consist of five 
directors and will be composed as follows:
    (1) The director representing rural health care providers on the 
independent subsidiary's Board of Directors also shall serve on the 
Rural Health Care Corporation's Board of Directors;
    (2) An additional director representing rural health care providers 
also shall serve on the Rural Health Care Corporation's Board of 
Directors. Interested parties shall submit nominations for the 
additional director representing rural health care providers 
simultaneously with submitting nominations for the independent 
subsidiary's Board of Directors, as described in Sec. 69.614(c). The 
Chairman of the Federal Communications Commission will select the 
additional rural health care provider representative simultaneously with 
the selection of the members of the independent subsidiary's Board of 
Directors.
    (3) One director representing one of the categories of 
telecommunications service providers on the independent subsidiary's 
Board of Directors also shall serve on the Rural Health Care 
Corporation's Board of Directors. The independent subsidiary's Board of 
Directors shall select the telecommunications service provider 
representative who will serve on the Rural Health Care Corporation's 
Board within seven calendar days of the first meeting of the independent 
subsidiary's Board of Directors;
    (4) One independent director who does not represent rural health 
care providers or service providers shall be selected by the Chairman of 
the Federal Communications Commission to serve on the Rural Health Care 
Corporation's Board of Directors. The Chairman will select, 
simultaneously with selection of the independent subsidiary's Board of 
Directors, the independent director to serve on the Rural Health Care 
Corporation's Board of Directors;
    (5) The directors representing rural health care providers and 
service providers and the independent director on the Rural Health Care 
Corporation's Board of Directors shall submit to the Chairman of the 
Federal Communications Commission a candidate to serve as the chief 
executive officer (CEO) of the Rural Health Care Corporation. The chosen 
CEO shall serve on the Rural Health Care Corporation's Board of 
Directors.
    (d) All of the Board members of the Schools and Libraries 
Corporation and Rural Health Care Corporation shall be appointed for 
two-year terms. Directors may be reappointed for subsequent terms 
pursuant to the appointment process used initially to select the 
Corporations' Boards of Directors described in Sec. 69.617 (b) and (c). 
In the event that a director vacates his or her seat prior to the 
completion of his or her term, the Corporation will notify the Common 
Carrier Bureau of such vacancy and a successor will be chosen pursuant 
to the initial nomination and appointment process described in 
Sec. 69.617(b) and (c). Removal of members from the Board of the Schools 
and Libraries Corporation or Rural Health Care Corporation may only 
occur with the approval of the Chairman of the Federal Communications 
Commission.
    (e) All Board of Directors meetings of the Rural Health Care 
Corporation and the Schools and Libraries Corporation shall be open to 
the public and held in Washington, D.C.
    (f) Each member of the Board of Directors of the Rural Health Care 
Corporation and Schools and Libraries Corporation shall be entitled to 
receive reimbursement for expenses directly

[[Page 443]]

incurred as a result of his or her participation on such Board of 
Directors.

[62 FR 41308, Aug. 1, 1997]



Sec. 69.618  Rural Health Care Corporation functions.

    (a) The Rural Health Care Corporation shall perform the following 
functions as they relate to the support mechanisms for eligible rural 
health care providers:
    (1) Administering the application process for rural health care 
providers, including the dissemination, processing, and review of 
applications for service from rural health care providers;
    (2) Creating and maintaining a website on which applications for 
services will be posted on behalf of rural health care providers;
    (3) Performing outreach and public education functions;
    (4) Reviewing bills for services that are submitted by rural health 
care providers on which service providers designate the amount of 
universal service support they should receive for services rendered and 
on which rural health care providers and confirm that they have received 
such services;
    (5) Monitoring demand for the purpose of determining when the $400 
million cap has been reached in the case of the rural health care 
providers program;
    (6) Submitting to the Commission all quarterly projections of demand 
and administrative expenses, as described in Sec. 54.709(a)(3) of this 
chapter;
    (7) Informing the independent subsidiary, as quickly as possible, 
but no later than 20 days following the Rural Health Care Corporation's 
receipt of the bills for services, of the amount of universal service 
support to be disbursed to service providers;
    (8) Authorizing the performance of audits of rural health care 
provider beneficiaries of universal service support; and
    (9) Any other function relating to the administration of the rural 
health care program that is not specifically assigned to the independent 
subsidiary.
    (b) The Rural Health Care Corporation shall maintain books of 
account separate from those of the association, the independent 
subsidiary, and the Schools and Libraries Corporation. The Rural Health 
Care Corporation's books of account shall be maintained in accordance 
with generally accepted accounting principles.
    (c) The Rural Health Care Corporation may borrow start-up funds from 
the association or the independent subsidiary, but such funds may not 
come from the Telecommunications Relay Services (TRS) fund or TRS 
administrative expense accounts.
    (d) The Rural Health Care Corporation shall make available to 
whomever the Commission directs, free of charge, any and all 
intellectual property, including, but not limited to, all records and 
information generated by or resulting from its role in administering the 
rural health care program, if its participation in administering the 
rural health care program ends. The Rural Health Care Corporation must 
specify any property it proposes to exclude from the foregoing types of 
property based on the existence of such property prior to the 
incorporation of the Rural Health Care Corporation.

[62 FR 41309, Aug. 1, 1997]



Sec. 69.619  Schools and Libraries Corporation functions.

    (a) The Schools and Libraries Corporation shall perform the 
following functions as they relate to the support mechanisms for 
eligible schools and libraries:
    (1) administering the application process for schools and libraries 
including the dissemination, processing, and review of applications for 
service from schools and libraries;
    (2) creating and maintaining a website on which applications for 
services will be posted on behalf of schools and libraries;
    (3) performing outreach and public education functions;
    (4) reviewing bills for services that are submitted by schools and 
libraries and on which service providers designate the amount of 
universal service support they should receive for services rendered and 
on which schools and libraries confirm that they have received such 
services;
    (5) monitoring demand for the purpose of determining when the $2 
billion trigger has been reached in the case of the schools and 
libraries program;

[[Page 444]]

    (6) submitting to the Commission all quarterly projections of demand 
and administrative expenses, as described in Sec. 54.709(a)(3) of this 
chapter;
    (7) informing the independent subsidiary, as quickly as possible, 
but no later than 20 days following the Schools and Libraries 
Corporation's receipt of the bills for services, of the amount of 
universal service support to be disbursed to service providers;
    (8) authorizing the performance of audits of schools and libraries 
beneficiaries of universal service support; and
    (9) any other function relating to the administration of the schools 
and libraries programs that is not specifically assigned to the 
independent subsidiary.
    (b) The Schools and Libraries Corporation shall implement the rules 
of priority in accordance with Sec. 54.507(f) of this chapter.
    (c) The Schools and Libraries Corporation may review and certify 
schools' and libraries' technology plans when a state agency has 
indicated that it will be unable to review such plans within a 
reasonable time.
    (d ) The Schools and Libraries Corporation shall classify schools 
and libraries as urban or rural and use the discount matrix established 
in Sec. 54.505(c) of this chapter to set the discount rate to be applied 
to services purchased by eligible schools and libraries.
    (e) The Schools and Libraries Corporation shall maintain books of 
account separate from those of the association, the independent 
subsidiary, and the Rural Health Care Corporation. The Schools and 
Libraries Corporation's books of account shall be maintained in 
accordance with generally accepted accounting principles.
    (f ) The Schools and Libraries Corporation may borrow start-up funds 
from the association or the independent subsidiary, but such funds may 
not come from the Telecommunications Relay Services (TRS) fund or TRS 
administrative expense accounts.
    (g) The Schools and Libraries Corporation shall make available to 
whomever the Commission directs, free of charge, any and all 
intellectual property, including, but not limited to, all records and 
information generated by or resulting from its role in administering the 
schools and libraries program, if its participation in administering the 
schools and libraries program ends. The Schools and Libraries 
Corporation must specify any property it proposes to exclude from the 
foregoing types of property based on the existence of such property 
prior to the incorporation of the Schools and Libraries Corporation.

[62 FR 41309, Aug. 1, 1997]



Sec. 69.620  Administrative expenses of independent subsidiary, Schools and Libraries Corporation, and Rural Health Care Corporation.

    (a) The annual administrative expenses of the independent 
subsidiary, Schools and Libraries Corporation, and Rural Health Care 
Corporation should be commensurate with the administrative expenses of 
programs of similar size and may include, but are not limited to, 
salaries of officers and operations personnel, the costs of borrowing 
funds, equipment costs, operating expenses, directors' expenses, and 
costs associated with auditing contributors or support recipients.
    (b) The independent subsidiary, Schools and Libraries Corporation, 
and Rural Health Care Corporation shall submit to the Commission 
projected quarterly budgets at least 60 days prior to the start of every 
quarter. The Commission must approve the projected quarterly budgets 
before the independent subsidiary disburses funds for administrative 
expenses to the Schools and Libraries Corporation and Rural Health Care 
Corporation. The Schools and Libraries Corporation's and Rural Health 
Care Corporation's administrative expenses shall be paid from the 
universal support mechanisms. The administrative expenses of the Schools 
and Libraries Corporation and Rural Health Care Corporation shall be 
deducted from their respective programs' annual funding, which is capped 
at $2.25 billion in the case of the schools and libraries program, as 
established in Sec. 54.507 of this chapter, and capped at $400 million 
in the case of the rural health care providers program, as established 
in Sec. 54.623 of this chapter. The Schools and Libraries Corporation 
and

[[Page 445]]

Rural Health Care Corporation shall receive payments for administrative 
expenses from the permanent Administrator under the same terms as they 
shall receive payments pursuant to this paragraph.

[62 FR 41310, Aug. 1, 1997]



Sec. 69.621  Audits of independent subsidiary, Schools and Libraries Corporation, and Rural Health Care Corporation.

    The independent subsidiary, the Schools and Libraries Corporation, 
and the Rural Health Care Corporation shall obtain and pay for annual 
audits conducted by independent auditors to examine their operations and 
books of account to determine, among other things, whether they are 
properly administering the universal service support mechanisms to 
prevent fraud, waste, and abuse:
    (a) Before selecting an independent auditor, the independent 
subsidiary, Schools and Libraries Corporation, and Rural Health Care 
Corporation shall submit preliminary audit requirements, including the 
proposed scope of the audits and the extent of compliance and 
substantive testing, to the Common Carrier Bureau Audit Staff;
    (b) The Common Carrier Bureau Audit Staff shall review the 
preliminary audit requirements to determine whether they are adequate to 
meet the audit objectives. The Common Carrier Bureau Audit Staff shall 
prescribe modifications that shall be incorporated into the final audit 
requirements;
    (c) After the audit requirements have been approved by the Common 
Carrier Bureau Audit Staff, the independent subsidiary, Schools and 
Libraries Corporation, and Rural Health Care Corporation each shall 
engage within 30 calendar days an independent auditor to conduct the 
annual audit required by this subsection. In making their selections, 
the independent subsidiary, Schools and Libraries Corporation, and Rural 
Health Care Corporation shall not engage any independent auditor who has 
been involved in designing any of the accounting or reporting systems 
under review in the audit;
    (d) The independent auditors selected by the independent subsidiary, 
Schools and Libraries Corporation, and Rural Health Care Corporation to 
conduct the annual audits shall develop detailed audit programs based on 
the final audit requirements and submit them to the Common Carrier 
Bureau Audit Staff. The Common Carrier Bureau Audit Staff shall review 
the audit programs and make modifications, as needed, that shall be 
incorporated into the final audit programs. During the course of the 
audits, the Common Carrier Bureau Audit Staff may direct the independent 
auditors to take any actions necessary to ensure compliance with the 
audit requirements;
    (e) During the course of the audits, the independent auditors shall:
    (1) Inform the Common Carrier Bureau Audit Staff of any revisions to 
the final audit programs or to the scope of the audits;
    (2) Notify the Common Carrier Bureau Audit Staff of any meetings 
with the independent subsidiary, the association, Schools and Libraries 
Corporation, or Rural Health Care Corporation in which audit findings 
are discussed;
    (3) Submit to the Chief of the Common Carrier Bureau, any accounting 
or rule interpretations necessary to complete the audit.
    (f) Within 60 calendar days after the end of the audit period, but 
prior to discussing the audit findings with the independent subsidiary, 
the association, Schools and Libraries Corporation, or Rural Health Care 
Corporation, the independent auditors shall be instructed to submit 
drafts of the audit reports to the Common Carrier Bureau Audit Staff;
    (g) The Common Carrier Bureau Audit Staff shall review the audit 
findings and audit workpapers and offer its recommendations concerning 
the conduct of the audits or the audit findings to the independent 
auditors. Exceptions of the Common Carrier Bureau Audit Staff to the 
findings and conclusions of the independent auditors that remain 
unresolved shall be included in the final audit reports;
    (h) Within 15 calendar days after receiving the Common Carrier 
Bureau Audit Staff's recommendations and making any revisions to the 
audit reports, the independent auditors shall

[[Page 446]]

submit the audit reports to the respective audit subjects for their 
responses to the audit findings. At this time they must also send copies 
of their audit findings to the Common Carrier Bureau Audit Staff. The 
independent auditors shall be provided additional time to perform 
additional audit work recommended by the Common Carrier Bureau Audit 
Staff;
    (i) Within 30 calendar days after receiving the audit reports, the 
audit subjects shall respond to the audit findings and send copies of 
their responses to the Common Carrier Bureau Audit Staff. Any reply that 
the independent auditors wish to make to the audit subjects' responses 
shall be sent to the Common Carrier Bureau Audit Staff as well as the 
audit subjects. The audit subjects' responses and the independent 
auditors' replies shall be included in the final audit reports;
    (j) Within 10 calendar days after receiving the responses of the 
audit subjects, the independent auditors shall file with the Commission 
the final audit reports;
    (k) Based on the final audit reports, the Chief of the Common 
Carrier Bureau may take any action necessary to ensure that the 
universal service support mechanisms operate in a manner consistent with 
the requirements of part 54 of this chapter, as well as such other 
action as is deemed necessary and in the public interest.

[62 FR 41310, Aug. 1, 1997]



Sec. 69.622  Transition to the permanent Administrator.

    (a) If the association or the independent subsidiary is not 
appointed the permanent Administrator, the association, independent 
subsidiary, Schools and Libraries Corporation, and Rural Health Care 
Corporation shall cooperate fully in making the permanent Administrator 
operational.
    (b) The association and independent subsidiary shall take all steps 
necessary to maintain the division of responsibilities between the 
association, independent subsidiary, Schools and Libraries Corporation, 
and Rural Health Care Corporation as set forth in parts 54 and 69 of 
this chapter or such other steps that the Commission may order.

[62 FR 41311, Aug. 1, 1997]
[[Page 447]]


                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.
  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  Table of OMB Control Numbers
  List of CFR Sections Affected

[[Page 449]]

            Material Approved for Incorporation by Reference

                     (Revised as of October 1, 1997)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR Part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


47 CFR (PARTS 40-69)

FEDERAL COMMUNICATIONS COMMISSION
                                                                  47 CFR


American National Standards Institute (ANSI)

  11 West 42nd St., New York, NY 10036
ANSI/EIA-470-A-1987, ``Telephone Instruments With                 68.317
  Loop Signaling'', paragraph 4.1.2 (including 
  table 4.4).
ANSI/EIA/TIA-579-1991, ``Acoustic-To-Digital and                  68.317
  Digital-To-Acoustic Transmission Requirements 
  for ISDN Terminals'' paragraph 4.3.2.


North American Numbering Council (NANC)

  Available from: International Transcription 
  Service, Inc., 1231 20th St. N.W., Washington, 
  DC 20036
Local Number Portability Administration Selection                  52.26
  Working Group Report, April 25, 1997, including 
  Appendixes.



[[Page 451]]



                    Table of CFR Titles and Chapters




                   (Revised as of September 30, 1997)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)

[[Page 452]]

      XXIV  Federal Energy Regulatory Commission (Part 3401)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Consumer Service, Department of Agriculture 
                (Parts 210--299)

[[Page 453]]

       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
      XIII  Northeast Dairy Compact Commission (Parts 1300--1399)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)

[[Page 454]]

     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
        XV  Office of the Federal Inspector for the Alaska Natural 
                Gas Transportation System (Parts 1500--1599)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)

[[Page 455]]

      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)

[[Page 456]]

            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)

[[Page 457]]

        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)
        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

[[Page 458]]

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)

[[Page 459]]

       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

[[Page 460]]

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

[[Page 461]]

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

[[Page 462]]

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       301  Travel Allowances (Parts 301-1--301-99)
       302  Relocation Allowances (Parts 302-1--302-99)

[[Page 463]]

       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)

[[Page 464]]

         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  ACTION (Parts 1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)

[[Page 465]]

        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)

[[Page 466]]

       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            Acts Requiring Publication in the Federal Register
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 467]]





           Alphabetical List of Agencies Appearing in the CFR




                   (Revised as of September 30, 1997)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

ACTION                                            45, XII
Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Consumer Service                       7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alaska Natural Gas Transportation System, Office  10, XV
     of the Federal Inspector
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII

[[Page 468]]

Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 469]]

  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Defense Mapping Agency                          32, I
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Mapping Agency                            32, I
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   5, LIV; 40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV

[[Page 470]]

Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Inspector for the Alaska Natural Gas      10, XV
     Transportation System, Office of
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Consumer Service                         7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  Payment From a Non-Federal Source for Travel    41, 304
     Expenses
[[Page 471]]

  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Travel Allowances                               41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II

[[Page 472]]

  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, United States        22, II; 48, 7
       Agency for
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII

[[Page 473]]

Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Dairy Compact Commission                7, XIII
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
     Acquisition Regulation
[[Page 474]]

  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X

[[Page 475]]

Transportation, Office of                         7, XXXIII
Travel Allowances                                 41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 477]]

                       Table of OMB Control Numbers

    The OMB control numbers for chapter I of title 47 were consolidated 
into Sec. 0.408 at 61 FR 51023, Sept. 30, 1996. Section 0.408 is 
reprinted below for the convenience of the user.

Sec. 0.408  OMB control numbers and expiration dates assigned pursuant 
          to the Paperwork Reduction Act.

    (a) Purpose. This section collects and displays the control numbers 
and expiration dates for the Commission information collection 
requirements assigned by the Office of Management and Budget (``OMB'') 
pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13. The 
Commission intends that this section comply with the requirement that 
agencies display current control numbers and expiration dates assigned 
by the Director of OMB for each approved information collection 
requirement. Not withstanding any other provisions of law, no person 
shall be subject to any penalty for failing to comply with a collection 
of information subject to the Paperwork Reduction Act (PRA) that does 
not display a valid control number. Questions concerning the OMB control 
numbers and expiration dates should be directed to the Records 
Management Branch, Federal Communications Commission, Washington, DC 
20554.
    (b) Display.

------------------------------------------------------------------------
                     FCC form number or 47 CFR section or        OMB    
 OMB control no.   part, docket number or title identifying   expiration
                                the collection                   date   
------------------------------------------------------------------------
3060-0003.......  FCC 610..................................      9/30/96
3060-0004.......  Sec. 1.1307, 1.1308, 1.311...............     11/30/96
3060-0009.......  FCC 316..................................      5/31/99
3060-0010.......  FCC 323..................................      7/31/98
3060-0012.......  Parts 21, 23, 25 and FCC 701.............      3/31/97
3060-0016.......  FCC 346..................................      4/30/97
3060-0017.......  FCC 347..................................      4/30/97
3060-0019.......  FCC 403..................................     10/31/97
3060-0020.......  FCC 406..................................      5/31/99
3060-0021.......  FCC 480..................................     12/31/97
3060-0022.......  FCC 610A.................................      8/31/98
3060-0024.......  Sec. 76.29...............................      8/31/98
3060-0025.......  FCC 755..................................      7/31/97
3060-0027.......  FCC 301..................................      8/31/98
3060-0028.......  FCC 313..................................      2/28/99
3060-0029.......  FCC 302-TV...............................      1/31/97
3060-0031.......  FCC 314..................................      8/31/98
3060-0032.......  FCC 315..................................      8/31/98
3060-0034.......  FCC 340..................................     11/30/97
3060-0035.......  FCC 313-R................................      3/31/97
3060-0040.......  FCC 404/404-R............................      7/31/97
3060-0041.......  FCC 301-A................................      3/31/97
3060-0048.......  FCC 704..................................      3/31/97
3060-0049.......  FCC 753..................................      5/31/97
3060-0050.......  FCC 801..................................      1/31/98
3060-0051.......  FCC 405-B................................      8/31/97
3060-0053.......  FCC 703..................................     10/31/96
3060-0054.......  FCC 820..................................      2/28/99
3060-0055.......  FCC 327..................................      2/31/96
3060-0056.......  FCC 730..................................      3/31/97
3060-0057.......  FCC 731..................................      9/30/96
3060-0059.......  FCC 740..................................      7/31/97
3060-0061.......  FCC 325..................................     10/31/96
3060-0062.......  FCC 330..................................      8/31/98
3060-0064.......  FCC 402..................................      6/30/98
3060-0065.......  FCC 422..................................      9/30/98
3060-0066.......  FCC 330-R................................      4/30/97
3060-0068.......  FCC 702..................................      8/31/97

[[Page 478]]

                                                                        
3060-0069.......  FCC 756..................................      9/30/96
3060-0072.......  FCC 409..................................      8/31/98
3060-0073.......  FCC 808..................................      7/31/97
3060-0075.......  FCC 345..................................     12/31/96
3060-0076.......  FCC 395..................................     12/31/96
3060-0079.......  FCC 610-B................................      8/31/99
3060-0084.......  FCC 323-E................................      4/30/99
3060-0085.......  FCC 65...................................      6/30/97
3060-0089.......  FCC 503..................................      6/30/98
3060-0090.......  FCC 410..................................     11/30/96
3060-0093.......  FCC 405..................................      3/31/97
3060-0095.......  FCC 395-A, 395-AS........................      6/30/99
3060-0096.......  FCC 506, 506-A...........................      8/31/99
3060-0099.......  FCC M....................................      8/31/99
3060-0104.......  FCC 572..................................      6/30/97
3060-0105.......  FCC 430..................................      2/28/99
3060-0106.......  Sec. 43.61, FCC 43.61....................      8/31/98
3060-0107.......  FCC 405-A................................     12/31/96
3060-0108.......  FCC 201..................................      1/31/97
3060-0110.......  FCC 303-S................................      8/31/99
3060-0113.......  FCC 396..................................     12/31/96
3060-0119.......  Sec. 90.145..............................      2/28/97
3060-0120.......  FCC 396-A................................     11/30/96
3060-0126.......  Sec. 73.1820.............................      8/31/99
3060-0127.......  FCC 1046.................................      4/30/97
3060-0128.......  FCC 574..................................      6/30/98
3060-0132.......  FCC 1068A................................     12/31/97
3060-0134.......  FCC 574-R................................      5/31/99
3060-0136.......  FCC 574-T................................      3/31/98
3060-0139.......  FCC 854..................................      6/30/98
3060-0141.......  FCC 402-R................................      5/31/97
3060-0147.......  Sec. 64.804..............................     11/30/96
3060-0149.......  Part 63, Sec. 214, 63.01-63.601..........      6/30/98
3060-0157.......  Sec. 73.99...............................      3/31/97
3060-0160.......  Sec. 73.158..............................      2/28/99
3060-0161.......  Sec. 73.61...............................     11/30/96
3060-0164.......  Sec. 25.300..............................      5/31/97
3060-0165.......  Part 41 Sec. 41.31.......................     11/30/96
3060-0166.......  Part 42..................................      8/31/98
3060-0168.......  Sec. 43.43...............................     10/31/96
3060-0169.......  Sec. 43.51, 43.53........................      8/31/98
3060-0170.......  Sec. 73.1207.............................      1/31/96
3060-0171.......  Sec. 73.1125.............................      2/28/99
3060-0173.......  Sec. 73.1207.............................     12/31/97
3060-0174.......  Sec. 73.1212.............................      3/31/99
3060-0175.......  Sec. 73.1250.............................     11/30/96
3060-0176.......  Sec. 73.1510.............................      1/31/97
3060-0178.......  Sec. 73.1560.............................      1/31/97
3060-0179.......  Sec. 73.1590.............................      3/31/98
3060-0180.......  Sec. 73.1610.............................      1/31/99
3060-0181.......  Sec. 73.1615.............................      1/31/97
3060-0182.......  Sec. 73.1620.............................     12/31/97
3060-0184.......  Sec. 73.1740.............................      1/31/99
3060-0185.......  Sec. 73.3613.............................      5/31/98
3060-0187.......  Sec. 73.3594.............................     12/31/97
3060-0188.......  Sec. 73.3550.............................      7/31/97
3060-0190.......  Sec. 73.3544C............................     12/31/97
3060-0192.......  Sec. 87.103..............................     11/30/97
3060-0194.......  Sec. 74.21...............................      1/31/99
3060-0202.......  Sec. 87.37...............................     12/31/97
3060-0204.......  Sec. 90.38(B)............................      4/30/99
3060-0206.......  Part 21..................................      7/31/97
3060-0207.......  Sec. 73.961 & 73.932.................      2/28/97
3060-0208.......  Sec. 73.1870.............................     12/31/96
3060-0209.......  Sec. 73.1920.............................     11/30/96
3060-0210.......  Sec. 73.1930.............................      3/31/98
3060-0211.......  Sec. 73.1943.............................      5/31/98
3060-0212.......  Sec. 73.2080.............................     11/30/96
3060-0213.......  Sec. 73.3525B............................      7/31/97
3060-0214.......  Sec. 73.3526.............................      7/31/99
3060-0215.......  Sec. 73.3527.............................     11/30/96
3060-0216.......  Sec. 73.3538.............................     11/30/98

[[Page 479]]

                                                                        
3060-0218.......  Sec. 90.41(b)............................     12/31/97
3060-0219.......  Sec. 90.49(b)............................     11/30/96
3060-0221.......  Time in which stations must be placed in              
                   operation (exceptions)..................     12/31/97
3060-0222.......  Sec. 97.213..............................     12/31/97
3060-0223.......  Sec. 90.129(B)...........................      5/31/99
3060-0224.......  Sec. 90.151..............................      2/28/98
3060-0225.......  Sec. 90.131(B)...........................     11/30/96
3060-0226.......  Sec. 90.135 (d) & (e)................      2/28/98
3060-0228.......  Sec. 80.59...............................      8/31/98
3060-0233.......  Part 36..................................      7/31/99
3060-0236.......  Sec. 74.703..............................      7/31/99
3060-0240.......  Sec. 74.651..............................      3/31/97
3060-0241.......  Sec. 74.633..............................      3/31/97
3060-0242.......  Sec. 74.604..............................      3/31/97
3060-0243.......  Sec. 74.551..............................      5/31/99
3060-0245.......  Sec. 74.537..............................      5/31/99
3060-0246.......  Sec. 74.452..............................      7/31/97
3060-0248.......  Sec. 74.751..............................      7/31/99
3060-0249.......  Sec. 74.781..............................     11/30/96
3060-0250.......  Sec. 74.784..............................     11/30/96
3060-0251.......  Sec. 74.833..............................     11/30/96
3060-0253.......  Part 68 Sec. 68.106, 68.108, 68.110......      2/28/98
3060-0254.......  Sec. 74.433..............................      7/31/97
3060-0258.......  Sec. 90.176..............................     11/30/96
3060-0259.......  Sec. 90.263..............................     12/31/97
3060-0260.......  Sec. 90.239(D)...........................     12/31/95
3060-0261.......  Sec. 90.215..............................     12/31/97
3060-0262.......  Sec. 90.179..............................     11/30/98
3060-0263.......  Sec. 90.177..............................     11/30/96
3060-0264.......  Sec. 80.413..............................     12/31/97
3060-0265.......  Sec. 80.868..............................      8/31/98
3060-0270.......  Sec. 90.443..............................      2/28/97
3060-0272.......  Sec. 94.31...............................      3/31/98
3060-0274.......  Sec. 94.45...............................      2/28/97
3060-0280.......  Sec. 90.633 (F) & (G)................      5/31/99
3060-0281.......  Sec. 90.651..............................      2/28/98
3060-0282.......  Sec. 94.17...............................      5/31/97
3060-0284.......  Sec. 94.25 (F) (G) & (I).............      2/28/98
3060-0286.......  Sec. 80.302..............................     12/31/96
3060-0287.......  Sec. 78.69...............................      8/31/98
3060-0288.......  Sec. 78.33...............................     12/31/96
3060-0289.......  Sec. 76.60...............................      2/28/99
3060-0290.......  Sec. 90.5171.............................      5/31/99
3060-0291.......  Sec. 90.477..............................      2/28/98
3060-0292.......  Part 69..................................      5/31/97
3060-0295.......  Sec. 90.607 (b)(1) & (c)(1)..........     12/31/97
3060-0297.......  Sec. 80.503..............................     12/31/97
3060-0298.......  Part 61..................................      7/31/97
3060-0300.......  Sec. 94.107..............................      2/28/98
3060-0302.......  Sec. 97.9................................     12/31/95
3060-0303.......  Sec. 97.5................................     12/31/95
3060-0307.......  Sec. 90.629(A)...........................      4/30/99
3060-0308.......  Sec. 90.505..............................      2/28/98
3060-0309.......  Sec. 74.1281.............................      2/28/99
3060-0310.......  Sec. 76.12...............................     12/31/96
3060-0311.......  Sec. 76.54...............................     11/30/96
3060-0313.......  Sec. 76.207..............................      5/31/98
3060-0314.......  Sec. 76.209..............................     12/31/97
3060-0315.......  Sec. 76.221..............................     11/30/96
3060-0316.......  Sec. 76.305..............................      5/31/98
3060-0318.......  FCC 489..................................     10/31/97
3060-0319.......  FCC 490..................................     10/31/97
3060-0320.......  Sec. 73.1350.............................      2/28/98
3060-0321.......  Sec. 73.68...............................      2/28/99
3060-0325.......  Sec. 80.605..............................      6/30/99
3060-0326.......  Sec. 73.69...............................     11/30/96
3060-0329.......  Sec. 2.955...............................      4/30/99
3060-0331.......  Sec. 76.615..............................      5/31/98
3060-0332.......  Sec. 76.614..............................      6/30/98
3060-0339.......  Sec. 78.11...............................      1/31/97
3060-0340.......  Sec. 73.51...............................      8/31/97
3060-0341.......  Sec. 73.1680.............................      8/31/97

[[Page 480]]

                                                                        
3060-0342.......  Sec. 74.1284.............................      7/31/97
3060-0343.......  Sec. 25.140..............................     10/31/96
3060-0346.......  Sec. 78.27...............................     12/31/97
3060-0347.......  Sec. 97.311..............................      9/30/97
3060-0348.......  Sec. 76.79...............................     12/31/97
3060-0349.......  Sec. 76.73 and 76.75.....................     11/30/97
3060-0355.......  FCC 492 and FCC 492A.....................      5/31/98
3060-0357.......  Sec. 63.701..............................      5/31/98
3060-0360.......  Sec. 80.409(c)...........................      7/31/98
3060-0361.......  Sec. 80.29...............................      5/31/98
3060-0362.......  Sec. 80.401..............................      8/31/99
3060-0364.......  Sec. 80.409 (d) and (e)..................      7/31/98
3060-0370.......  Part 32..................................      9/30/98
3060-0374.......  Sec. 73.1690.............................     11/30/98
3060-0383.......  Part 25..................................     11/30/96
3060-0384.......  Sec. 64.904..............................      2/28/99
3060-0386.......  Sec. 73.1635.............................      5/31/99
3060-0387.......  Sec 15.201(d)............................      5/31/99
3060-0388.......  Sec. 80.227..............................      6/30/99
3060-0390.......  FCC 395B.................................     11/30/96
3060-0391.......  Monitoring Program for Impact of Federal              
                   State Joint Board.......................      8/31/98
3060-0392.......  Sec. 1.1401-1.1416.......................      2/28/97
3060-0393.......  Sec. 73.45...............................     11/30/96
3060-0394.......  Sec. 1.420...............................     11/30/96
3060-0395.......  Sec. 43.21 and 43.22 FCC 43-02, FCC 43-05             
                   and FCC 43-07...........................     11/30/96
3060-0397.......  Sec. 15.7(A).............................     11/30/96
3060-0398.......  Sec. 2.943, 15.117(G)(2), 80.1053........      4/30/99
3060-0400.......  Tariff Review Plan.......................      9/30/96
3060-0402.......  FCC 494..................................      5/31/97
3060-0403.......  FCC 494-A................................      3/31/97
3060-0404.......  FCC 350..................................      1/31/97
3060-0405.......  FCC 349..................................      9/30/98
3060-0407.......  FCC 307..................................      3/31/97
3060-0410.......  FCC 495A and FCC 495B....................      3/31/97
3060-0411.......  Sec. 1.720-1.735.........................      3/31/98
3060-0414.......  Terrain Shielding Policy.................      6/30/97
3060-0419.......  Sec. 76.94, 76.95, 76.155, 76.156,                    
                   76.157, 76.159..........................      9/30/98
3060-0421.......  New Service Reporting Requirements under              
                   Price Cap Regulation....................      2/28/99
3060-0422.......  Sec. 68.5................................      5/31/98
3060-0423.......  Sec. 73.3588.............................     11/30/96
3060-0425.......  Sec. 74.913..............................      8/31/98
3060-0427.......  Sec. 73.3523.............................      7/31/97
3060-0430.......  Sec. 1.1206..............................      5/31/98
3060-0433.......  FCC 320..................................      1/30/99
3060-0434.......  Sec. 90.19(F)(7).........................      5/31/99
3060-0435.......  Sec. 80.361..............................     10/31/96
3060-0436.......  Sec. 15.214 and 68.200...................      5/31/99
3060-0438.......  FCC 464..................................     11/30/97
3060-0439.......  Regulations Concerning Indecent                       
                   Communications by Telephone.............      2/28/98
3060-0441.......  Sec. 90.621(B)(4)........................      8/31/99
3060-0443.......  FCC 572C.................................      5/31/99
3060-0444.......  FCC 800A.................................      5/31/99
3060-0446.......  Sec. 1.402...............................      9/30/98
3060-0447.......  Sec. 25.134..............................     12/31/97
3060-0448.......  Sec. 63.07...............................     11/30/96
3060-0449.......  Sec. 1.65(c).............................      1/31/99
3050-0450.......  Detariffing and Installation of Inside                
                   Wiring Services Reports on State                     
                   Regulatory Activities...................      2/28/98
3060-0452.......  Sec. 73.3589.............................     11/30/96
3060-0454.......  Regulation of International Accounting                
                   Rates...................................      2/28/98
3060-0461.......  Sec. 90.173..............................     12/31/96
3060-0463.......  Telecommunications Services for                       
                   Individuals with Hearing and Speech                  
                   Disabilities............................      6/30/97
3060-0465.......  Sec. 74.985..............................      1/31/97
3060-0466.......  Sec. 74.1283.............................      2/28/97
3060-0470.......  Computer III Remand Proceeding: BOC                   
                   Safeguards and Tier 1 LEC Safeguards and             
                   Implementation of Further Costs, CC                  
                   Docket 90-623...........................      8/31/98
3060-0472.......  FCC 6027I................................      2/28/97
3060-0473.......  Sec. 74.1251.............................      2/28/97
3060-0474.......  Sec. 74.1263.............................      3/31/97
3060-0475.......  Sec. 90.713..............................     12/31/98
3060-0478.......  Informational Tariffs....................      3/31/97
3060-0479.......  Sec. 73.661 and 73.3526(A)(11)...........     11/30/96
3060-0480.......  FCC 493..................................      5/31/97

[[Page 481]]

                                                                        
3060-0481.......  FCC 452R.................................      8/31/97
3060-0483.......  Sec. 73.687..............................      7/31/97
3060-0484.......  Sec. 63.100..............................      2/28/98
3060-0486.......  Document Index Terms.....................     12/31/97
3060-0488.......  Sec. 73.30...............................     12/31/97
3060-0489.......  Sec. 73.37...............................     12/31/97
3060-0490.......  Sec. 74.902..............................     12/31/97
3060-0491.......  Sec. 74.991..............................     12/31/97
3060-0492.......  Sec. 74.992..............................     12/31/97
3060-0493.......  Sec. 74.986..............................     12/31/97
3060-0494.......  Sec. 74.990..............................     12/31/97
3060-0496.......  FCC Report 43-08.........................     11/30/97
3060-0497.......  FCC 91 FCC 92............................      8/31/98
3060-0498.......  FCC 90...................................      8/31/98
3060-0500.......  Sec. 76.607..............................      5/31/98
3060-0501.......  Sec. 76.206..............................      5/31/98
3060-0502.......  Sec. 73.1942.............................      5/31/98
3060-0504.......  Sec. 90.658..............................      8/31/98
3060-0506.......  FCC 302-FM...............................      1/31/97
3060-0508.......  Rewrite and Update of Part 22, of the                 
                   Public Mobile Service Rules, CC Docket               
                   92-115..................................     10/31/97
3060-0509.......  FCC Reports FCC 21-01, FCC 22-01, FCC 25-             
                   01 and FCC 25-02........................      8/31/98
3060-0511.......  FCC Report 43-04.........................     11/30/96
3060-0512.......  FCC Report 43-01.........................      8/31/98
3060-0513.......  FCC Report 43-03.........................     11/30/96
3060-0514.......  Sec. 43.21(c)............................      3/31/97
3060-0515.......  Sec. 43.21(d)............................      8/31/98
3060-0516.......  Revision of Radio Rules and Policies,                 
                   Time Brokerage Ruling...................     11/30/98
3060-0519.......  Rules and Regulations Implementing the                
                   Telephone Consumer Protection Act of                 
                   1991....................................      9/30/98
3060-0520.......  Sec. 90.127(E)...........................      2/28/99
3060-0526.......  Density Pricing Zone Plans, Expanded                  
                   Interconnection with Local Telephone                 
                   Facilities (CC Docket 91-141)...........      1/31/99
3060-0532.......  Sec. 2.975(A)(8) and 2.1033(B)(12).......      5/31/99
3060-0536.......  FCC 431..................................      6/30/99
3060-0537.......  Sec. 13.217..............................      5/31/99
3060-0539.......  FCC 493, 430, and 405....................      2/28/97
3060-0540.......  Tariff Filing Requirement for Nondominant             
                   Common Carriers.........................      2/28/99
3060-0541.......  FCC 464-A................................      2/28/99
3060-0542.......  Frequency Coordinator Evaluation.........      5/31/98
3060-0543.......  Part 1, 2, and 21........................      7/31/99
3060-0544.......  Sec. 76.701..............................      6/30/99
3060-0546.......  Sec. 76.59...............................      6/30/99
3060-0547.......  Sec. 76.61 and 76.7......................      9/30/98
3060-0548.......  Sec. 76.302 and 76.56....................      9/30/98
3060-0549.......  FCC 329..................................     12/31/96
3060-0550.......  FCC 328..................................      8/31/99
3060-0551.......  Sec. 76.1002.............................      9/30/96
3060-0552.......  Sec. 76.1003.............................      9/30/96
3050-0554.......  Section 87.199...........................      6/30/99
3060-0556.......  Sec. 80.1061.............................      6/30/99
3060-0560.......  Sec. 76.911..............................     12/31/97
3060-0561.......  Sec. 76.913..............................     12/31/97
3060-0562.......  Sec. 76.916..............................     12/31/97
3060-0563.......  Sec. 76.915..............................      6/30/97
3060-0564.......  Sec. 76.924..............................      8/31/99
3060-0565.......  Sec. 76.944..............................      6/30/97
3060-0567.......  Sec. 76.962..............................      5/31/98
3060-0568.......  Sec. 76.970..............................      7/31/99
3060-0569.......  Sec. 76.975..............................      6/30/97
3060-0570.......  Sec. 76.982..............................     12/31/97
3060-0571.......  FCC 393..................................      7/31/99
3060-0572.......  Sec. 43.82...............................      5/31/99
3060-0573.......  FCC 394..................................      9/30/96
3060-0574.......  FCC 395-M................................      6/30/99
3060-0576.......  FCC 610R.................................      8/31/99
3060-0577.......  Expanded Interconnection with Local                   
                   Telephone Company Facilities............      9/30/96
3060-0579.......  Expanded Interconnection with Local                   
                   Telephone Company Facilities for                     
                   Interstate Switched Transport Service...      9/30/96
3060-0580.......  Sec. 76.504..............................      1/31/97
3060-0581.......  Sec. 76.503..............................      1/31/97
3060-0582.......  Sec. 76.1302.............................      1/31/97
3060-0583.......  Amendment to Part 32 and 64 of the                    
                   Commission's Rules to Account for                    
                   Transactions Between Carriers and their              
                   Nonregulated Affiliates, CC Docket 93-               
                   251.....................................     10/31/96

[[Page 482]]

                                                                        
3060-0584.......  FCC 45 FCC 44............................      7/31/99
3060-0589.......  FCC 159, and 159C........................      9/30/98
3060-0591.......  Amendment to the Commission's Rules to                
                   Establish Rules and Policies Pertaining              
                   to a Mobile Satellite Service in the                 
                   1610-1626.5/2483.5-2500 MHZ Frequency                
                   Bands...................................      2/28/97
3060-0593.......  FCC 1215.................................      4/30/97
3060-0594.......  FCC 1220.................................      4/30/97
3060-0595.......  FCC 1210.................................      2/28/98
3060-0596.......  FCC 1225.................................      4/30/97
3060-0597.......  FCC 1201.................................      4/30/97
3060-0599.......  Implementation of Sections 3(n) and 322               
                   of the Communications Act, GN 93-253....      4/30/97
3060-0600.......  FCC 175 and 175-S........................      9/30/98
3060-0601.......  FCC 1200.................................      4/30/97
3060-0602.......  Sec. 76.917..............................      4/30/97
3060-0604.......  FCC 401, 489, 490, 405, 430, and 854.....      5/31/97
3060-0607.......  Sec. 76.922..............................      2/28/98
3060-0608.......  Sec. 76.964(B)...........................      8/31/97
3060-0609.......  Sec. 76.934(D)...........................      8/31/97
3060-0610.......  Sec. 76.958..............................      8/31/97
3060-0611.......  Sec. 74.783..............................      7/31/97
3060-0613.......  Expanded Interconnection with Local                   
                   Telephone Company Facilities, CC Docket              
                   91-141..................................      9/30/98
3060-0615.......  FCC 405S.................................      8/31/97
3060-0621.......  FCC 401, 405, 430, 489, 490 and 854......     10/31/97
3060-0623.......  FCC 600..................................      2/28/99
3060-0624.......  Amendment of the Commission's Rules to                
                   Establish New Narrowband Personal                    
                   Communications Services, ET Docket 92-               
                   100 and GN Docket 90-314................     12/31/97
3060-0625.......  Amendment of the Commission's Rules to                
                   Establish New Personal Communications                
                   Services, GN Docket 90-314..............     11/30/97
3060-0626.......  Implementation of Sections 3(N) and 332               
                   of the Communications Act, GN Docket 93-             
                   252.....................................     11/30/97
3060-0627.......  FCC 302-AM...............................      1/31/98
3060-0629.......  Sec. 76.987(G)...........................      2/28/98
3060-0630.......  Sec. 73.62...............................      2/28/98
3060-0631.......  Sec. 73.1300.............................      2/28/98
3060-0632.......  Sec. 73.1570.............................      2/28/98
3060-0633.......  Sec. 73.1230, 74.165, 74.432, 74.564,                 
                   74.664, 74.765, 74.832, 74.965 and                   
                   74.1265.................................      2/28/98
3060-0634.......  Sec. 73.691..............................      2/28/98
3060-0635.......  FCC 610-V................................      4/30/98
3060-0636.......  Part 2 and 18............................      6/30/98
3060-0638.......  Sec. 76.934(F)(1)........................      5/31/98
3060-0639.......  Implementation of Section 309(J) of the               
                   Communications Act Competitive Bidding,              
                   PP 93-253...............................      4/30/98
3060-0640.......  FCC 800I.................................      7/31/98
3060-0641.......  FCC 2181.................................      7/31/98
3060-0642.......  FCC Survey of Cable Industry Costs.......     12/31/96
3060-0643.......  Part 65 and 69...........................      8/31/98
3060-0644.......  FCC 1230.................................      8/31/98
3060-0648.......  Sec. 21.902..............................      9/30/98
3060-0649.......  Sec. 76.58...............................      9/30/98
3060-0650.......  Sec. 76.502..............................      9/30/98
3060-0651.......  Sec. 76.9................................      9/30/98
3060-0652.......  Sec. 76.309 and 76.964...................      9/30/98
3060-0653.......  Sec. 64.703(b)...........................      9/30/98
3060-0654.......  FCC 304..................................      9/30/98
3060-0655.......  Request for Waivers of Regulatory Fees                
                   Predicated on Allegations of Financial               
                   Hardship, MM Docket 94-19...............      9/30/98
3060-0656.......  FCC 175-M................................      9/30/98
3060-0657.......  Sec. 21.956..............................      9/30/98
3060-0658.......  Sec. 21.960..............................      9/30/98
3060-0660.......  Sec. 21.937..............................      9/30/98
3060-0661.......  Sec. 21.931..............................      9/30/98
3060-0662.......  Sec. 21.930..............................      9/30/98
3060-0663.......  Sec. 21.934..............................      9/30/98
3060-0664.......  FCC 304A.................................      9/30/98
3060-0665.......  Sec. 65.707..............................      9/30/98
3060-0666.......  Sec. 64.703(a)...........................      9/30/98
3060-0667.......  Sec. 76.630..............................      9/30/98
3060-0668.......  Sec. 76.936..............................      9/30/98
3060-0669.......  Sec. 76.946..............................      9/30/98
3060-0670.......  Sec. 76.986..............................      9/30/98
3060-0672.......  Sec. 76.951..............................      9/30/98
3060-0673.......  Sec. 76.956..............................      9/30/98
3060-0674.......  Sec. 76.931 and 76.932...................      9/30/98
3060-0675.......  RAO Letter 25............................      9/30/98
3060-0676.......  Sec. 64.1100.............................      9/30/98

[[Page 483]]

                                                                        
3060-0678.......  FCC 312..................................      8/31/99
3060-0679.......  Streamlining the Commission's Rules and               
                   Regulations for Satellite Application                
                   and Licensing Procedures................      9/30/98
3060-0680.......  FCC 43-09A, FCC 43-09B...................     12/31/96
3060-0681.......  Toll-Free Access Codes...................      2/28/99
3060-0682.......  Sec. 63.16...............................      1/31/99
3060-0683.......  Direct Broadcast Satellite Service.......      1/31/99
3060-0684.......  Cost Sharing Plan for Microwave                       
                   Relocation..............................      8/31/99
3060-0685.......  FCC 1240.................................      7/31/99
3060-0686.......  Steamlining the International Section 214             
                   Authorization Process and Tariff                     
                   Requirements............................      6/30/99
3060-0687.......  Acess to Telecommunications Equipment and             
                   Services by Persons with Disabilities...      2/28/99
3060-0688.......  FCC 1235.................................      2/28/99
3060-0690.......  ET Docket 95-183.........................      4/30/99
3060-0691.......  Amendment to Part 2 and 90 of the                     
                   Commission's Rules to Provide for the                
                   Use of 200 Channels Outside the                      
                   Designated Filing Areas in the 896-901               
                   MHZ Bands Allotted to Specialized Mobile      6/30/99
3060-0692.......  Sec. 76.802..............................      4/30/99
3060-0695.......  WT Docket No. 96-1.......................      4/30/99
3060-0696.......  Amendment of the Commission's Rules to                
                   Permit Flexible Service Offerings in the             
                   Commercial Mobile Radio Service.........      4/30/97
3060-0697.......  Revision of Part 22 and Part 90 of the                
                   Commission's Rules to Facilitate Future              
                   Development of Paging Systems...........      4/30/99
3060-0698.......  Amendment of the Commission's Rules to                
                   Establish a Radio Astronomy Coordination             
                   Zone in Puerto Rico.....................      5/31/99
3060-0699.......  MM Docket 96-16..........................      5/31/99
3060-0700.......  FCC 1275.................................      8/31/99
3060-0701.......  CC Docket 96-23..........................      5/31/99
3060-0702.......  Amendment to Part 20 and 24 of the                    
                   Commission's Rules Broadband PCS                     
                   Competitive Bidding and the Commercial               
                   Mobile Radio Service Spectrum Cap.......      5/31/99
3060-0703.......  CS Docket 96-57, FCC 1205................      6/30/99
3060-0704.......  CC Docket 96-61..........................      6/30/99
3060-0706.......  Order and NPRM on Cable Reform:                       
                   Implementation of the Telecommunications             
                   Act of 1996.............................     10/31/96
3060-0707.......  Restriction on Over-the Air Reception                 
                   Devices (NPRM)..........................      6/30/96
3060-0708.......  NPRM in MM Docket 96-58..................      7/31/99
3060-0709.......  Revision to Part 22 and Part 90 to                    
                   Facilitate Future Development of the                 
                   Pageing System and Implementation of                 
                   Section 309(j) of the Communications Act     10/31/96
3060-0710.......  CC Docket 96-98..........................      2/28/97
3060-0711.......  GC Docket 96-101.........................      7/31/99
3060-0712.......  Petition for Declaratory Ruling by Inmate             
                   Calling Services Providers Task Force...      7/31/99
3060-0713.......  Alternative Broadcast Inspection Program.      7/31/99
3060-0714.......  Antenna Registration Number Required as               
                   Supplement to Application Forms.........      9/30/96
3060-0715.......  CC 96-115................................      8/31/99
3060-0716.......  Section 73.1630..........................      8/31/99
3060-0719.......  Proposed Quarterly Report of IntraLATA                
                   Carriers Listing Pay Phone Automatic                 
                   Numbering Identification................      8/31/99
3060-0722.......  Proposed Initial Report of Bell Operating             
                   Companies of Comparably Efficient                    
                   Interconnect Plans......................      8/31/99
3060-0723.......  Proposed Public Disclosure of Network                 
                   Information by Bell Operating Companies.      8/31/99
3060-0724.......  Proposed Annual Report of Interexchange               
                   Carriers Listing the Compensation Amount             
                   Paid to Pay Phone Providers and the                  
                   Number of Payees........................      8/31/99
3060-0725.......  Proposed Annual Filing of                             
                   Nondiscrimination Reports (On Quality of             
                   Service, Installation, and Maintenance)              
                   by BOC's................................      8/31/99
3060-0726.......  Proposed Quarterly Report of                          
                   Interexchange Carriers Listing the                   
                   Number of Dial-Around Calls for which                
                   Compensation is Being Paid to Pay Phone              
                   Owners..................................      8/31/99
3060-0728.......  Supplemental Information Requesting                   
                   Taxpayer Identifying Numbers for Debt                
                   Collection..............................      9/30/96
3060-0729.......  Bell Operating Provision of Out-of-Region             
                   Interexchange Services (Affiliated                   
                   Company Recordkeeping Requirements).....     10/31/96
3060-0730.......  Toll-Free Service Access Codes, 800/888               
                   Number Release Procedures...............     10/31/96
3060-0733.......  Implementations of Section 302 of the                 
                   Telecommunications Act of 1996..........     10/31/96
------------------------------------------------------------------------

[61 FR 51023, Sept. 30, 1996, as amended at 62 FR 45172, Aug. 26, 1997]

[[Page 485]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 1986, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven 
separate volumes.

                                  1986

47 CFR
                                                                   51 FR
                                                                    Page
Chapter I
42  Revised; eff. 11-14-86.........................................32653
42.6  Correctly revised............................................39536
43  Annual Report Form M amended...................................37024
43.21  (a) revised..........................................12159, 37024
    Clarification..................................................15498
43.31  (a) revised.................................................12159
    Clarification..................................................15498
43.51  Revised.....................................................45890
43.52  Removed.....................................................45891
43.53  (a) amended..................................................4749
    Revised........................................................45891
43.54  Removed.....................................................45891
43.61  (c) corrected................................................4749
43.74  Removed.....................................................45891
62.1  Revised.......................................................6116
62.12  Introductory text revised....................................6116
62.26  Amended......................................................6116
63  Heading revised................................................18448
63.01  (q) revised.................................................15003
63.10  Correctly designated.........................................2708
63.60  (a)(1) amended; eff. 10-2-86................................31305
63.701--63.702  Undesignated center heading added..................18448
63.701  Added......................................................18448
63.702  Added......................................................18448
64  Petition for temporary waiver granted; petition for review 
        denied.....................................................24350
    Petition denied................................................29230
    Appendix A amended.............................................34983
65  Added...........................................................1808
65.100  (b) corrected..............................................15328
65.101  (d) removed; (a) and (b) revised; eff. 10-17-86............32922
65.102  (b)(1) corrected............................................4598
    (a) and (c)(2) revised; eff. 10-17-86..........................32922
65.103  (d) corrected..............................................15328
65.104  (c) corrected..............................................15328
65.105  (c) corrected..............................................15328
65.201  (b)(3) corrected............................................4598
65.300  Introductory text, (b) (1) and (3) corrected................4598
65.301  (a), (b), (c), and (d) corrected............................4599
65.303  (a) and (b) corrected.......................................4599
65.304  (c) corrected...............................................4599
65.400  (a)(1) and (e)(3) corrected.................................4599
65.700--65.703 (Subpart F)  Added..................................11034
67  Authority citation revised......................................3180
67.122  (a)(3) revised..............................................7944
67.124  (c) introductory text and (d) introductory text, (1), (2), 
        (3), and (7)(ii) revised....................................7944
    (d)(7) Interpretation letter...................................12702
67.126  (a)(1) and (2) revised......................................7945
67.140  (e)(1)(i) revised...........................................7945
67.151  (a)(2) and (b) introductory text, (b)(1) and (3) revised 
                                                                    7945
67.152  (e) redesignated as (f) and revised; new (e) added..........7945
67.153  (b) revised.................................................7946
67.161  (c) revised.................................................7946

[[Page 486]]

67.193  Undesignated center heading and section added...............2711
    Technical correction............................................5527
    Effective date deferred.........................................7445
67.313  (b)(2), (3), and (5) and (c)(4), (5) introductory text, 
        (i), and (iii), and (6) revised.............................7946
67.365  (a) introductory text amended; (a)(1)(i) revised; (b) and 
        (c) added...................................................3180
67.421  Undesignated center heading and section added...............2711
    Technical correction............................................5527
    Effective date deferred.........................................7445
67.611  (a)(1) through (4) and (8) revised..........................7946
67.621  (a) revised.................................................7947
67.701  Amended...............................................2711, 7947
    Technical correction............................................5527
    Effective date deferred.........................................7445
68.2  (a) (6), (7), and (8) added; (e) redesignated as (i); new 
        (e), (g), and (h) added......................................937
    (a)(7) and (h)(1) corrected....................................16689
68.3  Amended; Figures (a), (b) and (f) revised; Figure (j) 
        redesignated as Figure (l); new Figures (i), (j), and (k) 
        added........................................................937
68.100  Revised......................................................944
68.200  (h) revised; (j) added.......................................944
    (d) amended....................................................12616
68.213  (a) and (g)(3)(ii) revised...................................944
68.300  (b) (4) and (5) added........................................944
68.302  (f) revised..................................................944
    (f) corrected..................................................16689
68.304  (h) and table Note (6) added; table text revised.............944
68.306  (a) (7) and (8) added........................................945
    (a)(8) introductory text corrected.............................16689
68.308  (b)(1) (i) and (ii) Note (b), (5)(i) (A) and (C), (d), 
        (e), and Figures (a) and (b) revised; (f) and (g) 
        redesignated as (g) and (h); new (g) revised; (b)(1) (v), 
        (vi), and (vii), (5)(i) (G) and (H), and new (f) added.......945
    (b)(1)(i), (5)(i)(A), (d), and (g)(1), (2), and (3) corrected; 
footnote correctly added...........................................16689
68.310  (b), (c), and (e), and (i) revised...........................950
    (i)(1) corrected...............................................16690
68.312  (b)(1)(i) and (d)(1)(i) revised; Table 1 amended; (j) and 
        (k) added....................................................950
    (k) revised....................................................28237
    Technical correction...........................................31335
68.314  (a) introductory text, and (b) introductory text, and (d) 
        revised......................................................950
    (d) corrected..................................................16690
68.318  (c) added....................................................951
68.502  Introductory text, (a)(1), and (d)(1) amended; (a)(3), 
        (b)(3), and (d)(2) added.....................................951
69.2  (m) revised..................................................10840
69.3  (a) revised; (e)(8) removed...................................6119
    (e) (3) and (4) revised; (e)(8) added..........................42236
69.4  (c) removed..................................................42236
69.5  (b) and (c) revised..........................................10840
    (b) revised; eff. 1-1-87.......................................33752
69.105  Revised....................................................10841
69.106  Revised....................................................10841
69.107  (a) revised................................................10841
69.108  Revised....................................................10841
69.111  (a) revised................................................10841
69.114  Removed; eff. 1-1-87........................................8501
69.115  (a) revised................................................10841
69.202  (c) revised.................................................7947
    (g) removed....................................................10841
69.203  (d) amended; (g) added......................................1374
    (h) added......................................................10841
    (h) correctly designated.......................................15003
69.207  Added......................................................10841
69.208  Added......................................................10841
69.303  (c) revised................................................10842
69.304  (a) and (b) revised........................................10842
69.305  (b) revised................................................10842
69.306  (b) and (e) revised........................................42236
69.307  (d) revised................................................42236
69.401  (b) revised; eff. 1-1-87....................................8499
69.404  (a) and (b) revised........................................42236
69.405  (c) revised................................................11037
    (c)(1) (iii), (iv), and (viii) revised.........................42236
69.406  (c) revised................................................42237
69.601  (b) revised.................................................9011
69.604  Revised.....................................................9012
69.605  (c)(1) and (2) revised; eff. 1-1-88........................17027
69.607  (c) revised................................................42237
69.610  (a) revised................................................42237

[[Page 487]]

                                  1987

47 CFR
                                                                   52 FR
                                                                    Page
Chapter I
43.21  (a) amended; (e) and (f) added; eff. 11-12-87...............35918
43.22  Added; eff. 11-12-87........................................35919
43.31  (a) revised..................................................1630
43.53  (a) amended..................................................8453
61.12  (e) and (f) redesignated as (f) and (g); new (e) added; 
        eff. 1-1-88................................................26682
61.32  Revised.....................................................10230
61.33  (c) and (d) redesignated as (d) and (e); (b) redesignated 
        as (c) and revised; new (b) added; eff. 1-1-88.............26682
61.38  (a) revised; eff. 1-1-88....................................26682
61.39  Added; eff. 1-1-88..........................................26682
61.58  Waiver................................................2412, 16389
61.59  Waiver................................................2412, 16389
61.74  Waiver................................................2412, 16389
61.153  Revised....................................................10230
62.22  Revised......................................................5294
63  Policies and guidelines........................................45336
64  Report and order...............................................20714
    Petition denied................................................21954
64.201  Revised....................................................17761
    Effective date deferred in part; petition denied...............23658
64.501  (b), (c) and (d) redesignated as (c), (d) and (e); new (b) 
        added.......................................................3654
64.901 (Subpart I)  Added...........................................6560
    (b)(4) revised.................................................39534
64.902  Added......................................................39534
65.101  (a)(2) revised; eff. 1-1-88................................17251
65.600 (Subpart E)  Added............................................274
67  Petitions denied and granted....................................2534
    Interpretation letter...................................13445, 13684
    Removed; eff. 1-1-88...........................................17251
    Policies and guidelines........................................45336
67.701 (Subpart G)  Removed; text redesignated as Part 67 Appendix
                                                                   21538
67.701--67.741 (Subpart G)  Added..................................21538
67  Appendix redesignated from 67.701 (Subpart G)..................21538
68.200  Introductory text revised..................................10231
68.318  (b) revised................................................43077
    (b)(1) introductory text corrected.............................49413
69  Policies and guidelines........................................45336
69.2  (hh) through (mm) added......................................21539
    Revised........................................................37309
69.3  (e)(1) revised; (e)(9) added.................................21540
    (a) revised; (f) added; eff. 1-1-88............................26683
    (a) revised; (e)(10) added.....................................37310
69.4  (b) introductory text revised; (c) added.....................21540
    (b) revised....................................................37310
69.5  (d) added....................................................21540
69.103  Revised....................................................37310
69.104  (c) and (d) revised; (e) through (m) added.................21540
69.105  (a) and (b) revised........................................21541
69.106  Revised....................................................37310
69.107  Removed....................................................37311
69.108  Removed....................................................37311
69.115  (e)(6) revised..............................................8259
69.116  Added; eff. 4-1-89.........................................21541
69.117  Added; eff. 4-1-89.........................................21541
69.201  Revised....................................................37311
69.202  Removed....................................................21542
69.203  Heading and (a) through (c) revised........................21542
69.205  Revised....................................................37311
69.206  Revised....................................................37311
69.207  Revised....................................................21542
69.208  Removed....................................................37311
69.301--69.310 (Subpart D)  Revised................................37312
69.401--69.414 (Subpart E)  Revised................................37313
69.410  Revised....................................................21542
69.411  Added......................................................21542
69.412  Added......................................................21542
69.413  Added......................................................21542
69.501  (a) revised................................................21542
    (c) and (d) revised............................................37314
69.502  Revised....................................................21542
69.601  (b) revised................................................21542
69.603  (c) through (f) added......................................21542
    (g) added; eff. 1-1-88.........................................26683
    Revised........................................................37314
69.604  (a) revised................................................21543
69.605  Heading and (a) revised....................................21543
69.612  Added......................................................21543

                                  1988

47 CFR
                                                                   53 FR
                                                                    Page
Chapter I
43.21  (e) revised.................................................47819

[[Page 488]]

43.22  Existing text designated as (a); (b) added..................44197
43.31  Removed.....................................................44197
43.42  (a) introductory text revised...............................49987
43.43  (a) revised.................................................49987
43.71  Removed......................................................4625
43.81  Added.......................................................12527
    Filing deadlines deferred......................................24940
61.38  (a) revised.................................................36289
61.39  Heading, (a), (b)(1)(i), (2) (i) and (ii), and (c) revised 
                                                                   36289
63.801  Added......................................................12528
    Filing deadlines deferred......................................24940
64  Petitions denied..................................................27
    Procedures and petitions denied.................................7753
    Petitions denied..........................................8629, 8630
64.401  Revised....................................................47536
64.402  Removed....................................................47536
64  Appendix A amended.............................................29055
    Appendix A revised.............................................47536
    Appendix B removed.............................................47536
65.450  Added.......................................................1029
65.510  Added.......................................................1029
65.800--65.830 (Subpart G)  Added...................................1029
65.820  (a) correctly added........................................26074
68.318  (b)(1) introductory text corrected..........................1103
69.2  (hh), (ii), (jj), and (kk) revised...........................28395
    (t) through (w) correctly designated...........................30059
69.3  (f) revised..................................................36289
69.104  (l) revised................................................28395
69.116  Revised....................................................28396
69.117  Revised....................................................28396
69.207  Revised....................................................28396

                                  1989

47 CFR
                                                                   54 FR
                                                                    Page
Chapter I
43.21  (e) revised.................................................49762
43.81  Revised......................................................2130
61.3  Added........................................................19840
61.11--61.26  Removed..............................................19841
61.32  Amended.....................................................19841
61.33  (c), (d), and (e) redesignated as (d), (e), and (f); new 
        (c) added; new (d) revised.................................19841
61.38  (a) amended.................................................19841
61.41  Added.......................................................19842
61.42  Added.......................................................19842
61.43  Added.......................................................19842
61.44  Added.......................................................19842
61.46  Added.......................................................19843
61.47  Added.......................................................19843
61.48  Added.......................................................19843
61.49  Added.......................................................19843
61.58  (c) redesignated as (d); new (c) added; new (d)(1) 
        introductory text revised..................................19844
63.801  Removed.....................................................2131
64  Order....................................................3453, 12199
    Memorandum and order...........................................50623
64.401  Effective date corrected.....................................152
64.402  Removal effective date corrected.............................152
64.901  (b)(4) revised.............................................49762
64  Appendix A corrected; Appendix A revision and Appendix B 
        removal effective date corrected.............................152
    Appendix A corrected............................................1471
65.1  Revised......................................................19844
65.600  (c) revised................................................19844
65.701  (c) added..................................................19844
65.703  (a) and (f) revised; (g) added.............................19844
65.820  Revised.....................................................9048
65.830  Revised.....................................................9049
68.3  Amended......................................................21430
68.4  Revised......................................................21430
68.5  Added........................................................21430
68.224  Revised....................................................21431
69  Report and order...............................................18654
69.2  (g), (i), (l)(1), (q), (r) and (dd) amended...................3456
    (ll) added.....................................................11718
69.3  (e)(11) and (g) added; eff. 10-27-89.........................39534
69.4  (b) introductory text revised; (d) added.....................11718
69.5  (d) revised..................................................50624
69.105  (b) revised.................................................6293
69.107  Added......................................................11718
69.113  Redesignated as 69.114; new 69.113 added....................6293
69.114  Redesignated from 69.113....................................6293
69.116  (a) revised................................................50624
69.117  (a) revised................................................50624
69.201  Revised.....................................................6293
69.205  (d) revised.................................................3456
    Revised.........................................................6293
69.206  Removed.....................................................6294
69.207  Removed.....................................................6294

[[Page 489]]

69.302  (b) revised; (b)(3) amended.................................3456
69.308  Revised....................................................11718
69.408  Amended.....................................................3456
69.410  Revised....................................................11718
69.602  (c) and (d) removed; (e) through (h) redesignated as (c) 
        through (f) ; new (c) and (f) revised......................23213
69.603  Revised.....................................................8197
    (h) and (i) added...............................................8199
69.605  (c) revised................................................11537
69.612  (c) added; eff. 10-27-89...................................39534

                                  1990

47 CFR
                                                                   55 FR
                                                                    Page
Chapter I
43.72  Removed.....................................................46012
    Technical correction...........................................46514
61.3  (u), (w) and (x) revised.....................................42382
61.32  Revised.....................................................19173
61.33  Revised.....................................................19173
61.38  (a) amended.................................................42382
61.39  (a) amended.................................................42382
61.41  Revised.....................................................42382
    (c)(3) correctly revised.......................................50558
61.42  (d) redesignated as (g) and amended; new (d), (e) and (f) 
        added......................................................42382
    (d)(4) correctly added.........................................50558
61.43  Amended.....................................................42383
61.44  Heading and (a) revised; (b) amended........................42382
61.45  Added.......................................................42383
    (c) corrected; (d)(4) correctly added..........................50558
61.46  (a) amended; (d) through (f) added..........................42383
    (d) introductory text correctly revised; (d) corrected.........50558
61.47  (h) added...................................................42384
61.48  (c) through (f) added.......................................42384
61.49  (a) revised; (g) amended....................................42384
61.58  (c)(1), (5) and (6) revised.................................42384
61.151  Revised....................................................19173
61.152  Revised....................................................19173
61.153  Revised....................................................19173
63  Comment time extended...........................................3741
63.03  (a)(4) revised..............................................20397
64  Memorandum and order..........................................27467,
                                                            27468, 29022
    Petitions for reconsideration..................................39152
64.201 (Subpart B)  Heading revised................................28916
64.201  Heading revised; introductory text, (a), (b), (1), (2), 
        (c), and (d) redesignated as (a) introductory text, (2), 
        (3), (i), (ii), (4), and (5); new (a) introductory text, 
        (4), and (5) revised; (a)(1) and new (b) added.............28916
64.902  Revised....................................................30461
65  Interim rate of return..........................................4820
    Authorized rate of return......................................51423
65.1  Revised......................................................42384
65.600  (b) revised; (d) added.....................................42385
65.701  (d) added..................................................42385
65.703  (g) amended; (h) added.....................................42385
68.3  Amended......................................................28629
68.4  (a)(2) revised...............................................28763
68.104  (a) revised................................................28630
68.108  Revised....................................................28630
68.112  (c)(1) removed; (c)(2), (3), (4) and (5) redesignated as 
        (c)(1), (2), (3), and (4); (b) introductory text 
        republished; (b)(1) revised; (b)(4) added..................28763
68.213  Heading and (b) revised; (e), (f), and (g) removed.........28630
68.314  (h) added..................................................46066
69.1  (b) amended; (c) added.......................................42385
69.2  (v) and (w) revised...........................................6990
69.3  (a), (b), (e)(6) and (9) revised..............................6990
    (a) and (e)(4) revised; (h) and (i) added......................42385
    (i) introductory text, (1), (2), and (3) correctly added.......50558
69.101  Revised....................................................42386
69.105  (b)(7) and (8) added.......................................42386
69.111  (a) revised................................................42386
69.112  (b)(1) and (d)(1) revised; (c) amended.....................42386
69.113  (c) revised................................................42386
    (c) corrected..................................................50559
69.114  (a) revised................................................42386
69.205  (c) revised................................................42387
    (c) corrected..................................................50559
69.209  Added.......................................................6990
69.606  (b) revised.................................................6990
69.612  Revised.....................................................6990

                                  1991

47 CFR
                                                                   56 FR
                                                                    Page
Chapter I
43.51  (a) revised; (d) added......................................25371

[[Page 490]]

61  Memorandum opinion and order...................................66602
61.3  (m) through (jj) redesignated as (n) through (kk); new (m) 
        added......................................................55239
61.33  (f) redesignated as (f)(1); (f)(2) added....................55239
61.38  (a) amended.................................................55239
61.41  (c) introductory text and (d) introductory text amended.....55239
61.42  (b)(2) and (c)(3) revised; (c)(4) redesignated as (c)(8); 
        new (c)(4) through (7) added................................5956
    (b)(3) and (c) revised.........................................55239
61.45  (d)(1)(ii) revised; (d)(1)(viii) added; (d)(2) and (3) 
        revised....................................................21617
61.47  (h) amended.................................................55239
61.48  (d) redesignated as (d)(1); (d)(2) added....................21617
(b) redesignated as (1); (b)(2) added..............................55239
61.49  (d) revised..................................................5956
    (g) redesignated as (g)(1) and amended; (g)(2) added...........21617
    (h) added......................................................33880
61.55  Added.......................................................55239
61.58  (a)(2) revised...............................................1500
    (c)(2) and (3) revised..........................................5956
(c)(6) redesignated as (c)(7) and revised; new (c)(6) added........55239
63  Interpretive rulings...........................................65445
63.07  (c) added...................................................13414
64  Authority citation revised....................................18523,
                                                            25372, 36731
64.601--64.608 (Subpart F)  Revised................................36731
64.703  Added......................................................18523
64.704  Added......................................................18523
    (b) revised; (c) and (d) added.................................40799
64.705  Added......................................................18523
64.706  Added......................................................18524
64.707  Added......................................................18524
64.708  Added......................................................18524
    (h) corrected..................................................25721
64.709  Added......................................................56165
64.710  Added......................................................56165
64.711  Added......................................................56165
64.712  Added......................................................56165
64.713  Added......................................................56165
64.714  Added......................................................56166
64.715  Added......................................................56166
64.716  Added......................................................56166
64.1001 (Subpart J)  Added.........................................25372
65  Reconsideration order adoption.................................65192
65.600  (d) revised................................................21617
65.703  (h) removed................................................21618
68  Authority citation revised.....................................18524
68  Reconsideration petition.......................................57823
68.200  (k) added...................................................3785
68.318  (d) added..................................................18524
    (c)(2) added...................................................56166
69  Report and order.........................................9898, 51656
69.2  (mm) added...................................................33880
69.4  (b) revised..................................................33880
69.105  (b)(2) and (3) revised.....................................21618
69.106  (a) revised................................................33881
69.107  (a) and (b) revised........................................33881
69.109  (b) revised................................................33881
69.111  (a) revised................................................33881
69.112  (b) introductory text revised..............................33881
69.113  (a) revised; (e) added.....................................33881
69.118  Added......................................................33881
69.119  Added......................................................33881
69.205  (a) revised................................................33881
69.210  Added......................................................51844

                                  1992

47 CFR
                                                                   57 FR
                                                                    Page
Chapter I
43  Authority citation revised......................................9671
    Filing manual revision.........................................34520
43.41  Added........................................................9671
43.51  (a) revised...................................................647
    Technical correction............................................5510
43.61  Revised......................................................8580
61  Memorandum opinion and order............................20206, 62481
61.38  (b)(3) and (4) added........................................54330
61.42  (e)(1)(iii) revised; (e)(1)(iv) and (v) added...............54718
61.47  (h) redesignated as (h)(1); (h)(2) added....................54331
    (e) redesignated as (e)(1), (e)(2) and (3) added...............54719
61.48  (g) and (h) added...........................................54719
61.49  (g)(1) revised; eff. 11-18-92...............................37730
    (h) introductory text revised; (i), (j) and (k) added..........54331
61.50  Added (effective date pending)..............................60737
63  Heading and authority citation revised..........................7884
    Interpretation.................................................41109

[[Page 491]]

63.01  (k)(5) added..................................................647
    Technical correction............................................5510
    (k)(6) and (r) added...........................................57965
63.10  Redesignated as 63.15; new 63.10 added......................57966
63.11  Added.......................................................57967
63.12  Added.......................................................57967
63.13  Added.......................................................57967
63.14  Added.......................................................57968
63.15  Redesignated from 63.10.....................................57966
63.60--63.90  Undesignated center heading revised...................7884
63.54  (b) revised; (c), (d) and (e) added; eff. 12-8-92...........41108
63.100  Added.......................................................7884
64  Memorandum opinion and order.............................2842, 62481
    Authority citation revised.....................................4740,
                                                     21040, 48335, 54331
    Petition denied.................................................5391
    Order..........................................................37106
64.704  (c) and (d) compliance dates temporarily stayed............10998
    (c)(6) and (d) revised.........................................34260
64.903  Added.......................................................4375
64.904  Added.......................................................4376
64.1100 (Subpart K)  Added..........................................4740
64.1200 (Subpart L)  Added.........................................48335
    (e)(2)(iii) corrected..........................................53293
64.1301 (Subpart M)  Added.........................................21040
64.1401--64.1402 (Subpart N)  Added................................54331
65  Memorandum opinion and order...................................62481
65.702  (b) amended.........................................54332, 54719
68  Authority citation revised..............................27183, 48336
68.4  (a)(2) revised...............................................27183
68.112  (b)(1), (3) and (c) revised; (b)(5) added..................27183
68.318  (c)(2) revised; (c)(3) added...............................48336
69  Memorandum opinion and order.............................4856, 62481
    Order..........................................................56998
69.1  (c) revised..................................................54719
69.2  (nn) through (ss) added......................................54719
69.4  (b)(8) added.................................................24380
    (b) introductory text revised; (e) and (f) added...............54332
    (b) revised....................................................54719
69.108  Added......................................................54720
69.110  Added......................................................54720
69.111  Revised....................................................54720
69.112  Revised....................................................54720
69.113  (a) revised................................................54721
69.118  Revised....................................................54721
69.120  Added......................................................24380
69.121  Added......................................................54332
69.122  Added......................................................54332
69.123  Added......................................................54333
69.124  Added......................................................54721
69.125  Added......................................................54721
69.126  Added......................................................54721
69.127  Added......................................................54722
69.210  Removed....................................................54722
69.301  (a) revised................................................54722
69.305  (c) redesignated as (d) and revised; new (c) added.........24380
    (b) revised....................................................54722
69.306  (c) revised................................................24380
    (a), (b), (c) and (e) revised..................................54722
69.307  Existing text designated as (b) and revised; new (a) added
                                                                   24380
    Revised........................................................54722

                                  1993

47 CFR
                                                                   58 FR
                                                                    Page
Chapter I
43.21  (a) and (d) revised; eff. 10-4-93...........................36143
43.43  (c) revised.................................................58790
43.51  (a) introductory text revised...............................44459
    (a) introductory text correctly revised........................48323
61  Technical correction............................................5936
    Memorandum opinion and order...................................8908,
                                                            21407, 42251
    Authority citation revised.....................................44460
61.3  (e) revised..................................................36147
61.20--61.50  Undesignated center heading added....................44460
61.20--61.21  Undesignated center heading and sections added.......44460
61.22--61.23  Undesignated center heading and sections added.......44460
61.22  (b) corrected...............................................48323
61.32  Undesignated center heading removed.........................44460
61.33  (d), (e) and (f) redesignated as (e), (f) and (g); new (d) 
        added......................................................17530
    (a) amended....................................................44906
61.38  (a) revised.................................................36147

[[Page 492]]

    (b)(4) revised; eff. 11-16-93..................................48762
61.39  (a) and (b) revised; (d) and (e) added......................36147
61.42  (e)(1)(vi) added.............................................7868
    (b)(2) and (c)(12) revised; (c)(13) redesignated as (c)(17); 
new (c)(13), (14), (15) and (16) added.............................29552
    (c)(10) removed................................................31914
    (e)(1)(vi) amended; (e)(1)(vii) added..........................36145
    Regulation at 58 FR 36145 effective date suspended.............42254
61.45  (d)(2) revised..............................................36148
61.47  (i) added....................................................7868
    (h)(3) added; eff. 11-16-93....................................48762
61.49  (g)(2) and (h) introductory text revised....................17167
    (h) corrected..................................................38536
    (k) revised; eff. 11-16-93.....................................48762
61.50  Revised.....................................................36148
61.52  (a) revised.................................................44906
61.58  (e) added...................................................36149
63.01  (o) revised; eff. 11-22-93..................................44461
    (j)(4) revised.................................................44906
63.03  (a)(5), (6) and (d) revised; eff. 11-22-93..................44461
    (b)(6), (e)(2) and (3) revised.................................44906
63.04  (b) amended; (c)(2) and (3) revised.........................44906
63.53  Amended.....................................................44906
63.56  (b)(2) and (d)(1) revised; (c) amended......................44906
63.64  (a)(1) revised..............................................44907
63.70  (a)(4) introductory text amended............................44907
63.90  (a) introductory text, (b) and (c) amended..................44907
63.100  (a) amended................................................64168
63.500  (k)(3) revised.............................................44907
64  Technical correction............................................5936
    Memorandum opinion and order............................11195, 21408
    Reconsideration petition.......................................14329
    Authority citation revised.....................................44773
    Memorandum opinion and order...................................53663
64.604  (a)(2) and (c)(4)(ii) revised..............................12176
    (c)(4)(iii) added..............................................39673
64.709  Removed....................................................44773
64.710  Removed....................................................44773
64.711  (a) revised................................................17169
    Removed; eff. 11-1-93..........................................44773
64.712  Removed....................................................44773
64.713  Removed....................................................44773
64.714  Removed....................................................44773
64.715  Removed....................................................44773
64.716  Removed....................................................44773
64.1001  (g) revised................................................4354
64.1201  Added.....................................................36145
    Regulation at 58 FR 36145 effective date suspended.............42254
    (c) redesignated as (c)(1); (a)(2), new (c)(1), (e)(2) and (3) 
revised; (c)(2) added; (d) removed.................................65671
64.1301  (b) revised; (f) added....................................57750
64.1401  (c) introductory text revised; eff. 11-16-93..............48754
    (d), (e) and (f) redesignated as (f), (g) and (h) and (b) and 
(c) redesignated as (c) and (d); new (b) and (e) added; new (c) 
introductory text, (1), (2), new (d) introductory text, new (f), 
new (g)(1) and (2), and new (h) revised; eff. 11-16-93.............48762
64.1501--64.1515 (Subpart O)  Added; eff. in part 11-1-93..........44773
64.1510  Regulation at 58 FR 44774 eff. date delayed to 1-1-94.....62044
65  Technical correction............................................5936
65.700  (d) added..................................................36149
65.702  (b) amended; eff. 11-16-93.................................48763
68.3  Amended......................................................44907
68.112  (b)(1), (3) and (5) suspended..............................26692
68.200  (f) and (h)(2) amended; (h)(1) revised.....................44907
68.213  (c) amended................................................44907
68.215  (a)(2) and (d)(2) amended..................................44907
68.302  (b) and (c)(1) revised.....................................44907
68.304  (h) Note 5 amended.........................................44907

[[Page 493]]

68.500  Introductory text, (e)(1), (3) through (9), (f)(1), (3) 
        through (9), (g) and (h) revised; figures (a)(2)(i), (ii), 
        (3)(i), (4)(i), (5)(i), (b)(2)(i), (3)(i), (c)(2)(i), 
        (ii), (3)(i), (4)(i), (5)(i), (d)(2)(i), (3)(i), (e)(1) 
        through (4), (f)(1), (2), (3), (g)(1), (2), (h), 
        (i)(2)(i), (ii), (3)(i), (4)(i), (5)(i) and (j)(2)(i) 
        revised; notes to figures (a)(2)(i) and (ii), (3)(i), 
        (b)(2)(i) and (3)(i), (c)(2)(i) and (ii), (3)(i), 
        (d)(2)(i) and (3)(i), (i)(2)(i) and (ii), (3)(i), and 
        (j)(2)(i) amended..........................................44907
69  Memorandum opinion and order...................................8908,
                                                            11195, 29791
    Technical correction............................................5936
    Order...........................................................9550
    Policy statement...............................................16628
69.1  (c) revised..................................................41189
69.2  (oo) and (ss) revised; (tt) and (uu) added...................41189
69.3  (a) and (e) amended; (i) introductory text, (1) and (3) 
        revised; (j) added.........................................36149
69.4  (b)(8) revised; (b)(9) added.................................30995
69.108  Revised....................................................41189
    (a)(1) and (2) revised.........................................44950
    (c) revised....................................................45267
69.110  (d) revised; (e) added.....................................41190
    (b)(1) and (2) amended..................................41191, 44950
    (e) revised; (f), (g) and (h) added; eff. 11-16-93.............48763
69.111  (c) through (f) redesignated as (e) through (h); (b), new 
        (e), (g) and (h) revised; new (c) and (d) added............41190
    (b) amended....................................................44950
    (i), (j) and (k) added; eff. 11-16-93..........................48764
69.112  (e) redesignated as (f); (b), (c), (d) and new (f) 
        revised; new (e) added.....................................41190
    (b)(1) and (2) amended.........................................44950
    (f) redesignated as (i); (e) revised; new (f), (g) and (h) 
added; eff. 11-16-93...............................................48764
69.118  Revised.....................................................7868
69.121  (a) introductory text and (1) revised; eff. 11-16-93.......48764
69.123  Heading, (a) and (c) revised; (d) redesignated as (e); new 
        (d) added; eff. 11-16-93...................................48764
69.124  (a)(1) and (2) redesignated as (b)(1) and (2); (c) 
        removed; (a) amended; new (b)(1) revised...................41190
    (b)(2) amended.................................................41191
    (b)(1) revised.................................................45267
69.125  (b) revised................................................41191
    (b)(1) amended.................................................44950
69.128  Added......................................................36145
    Regulation at 58 FR 36145 effective date suspended.............42254
69.305  (b) revised................................................30995
69.306  (c) revised................................................30995
69.307  Revised....................................................30995
    (b) redesignated as (c); new (b) added.........................36145
    Regulation at 58 FR 36145 effective date suspended.............42254
69.407  (c) redesignated as (d); new (c) added.....................65671

                                  1994

47 CFR
                                                                   59 FR
                                                                    Page
Chapter I
43  Report and order...............................................35632
43.21  (c) revised.................................................19648
43.42  Removed.....................................................19648
61  Clarification..................................................48826
61.3  (jj) and (kk) redesignated as (kk) and (ll); new (jj) added 
                                                                   10301
61.42  (e)(1)(iii), (iv) and (v) removed; (e)(1)(vi) and (vii) 
        redesignated as (e)(1)(iii) and (iv); (d)(3), new 
        (e)(1)(iii), (2) introductory text, (i), (iii) and (iv) 
        revised; (e)(2)(v) and new (vi) added......................10301
    (e)(2)(vii) added..............................................32930
61.47  (e)(2), (3), (f), (g), (h)(1) and (i) redesignated as 
        (g)(2), (3), (f)(1), (2), (g)(1) and (4); (a), (b), (c), 
        new (f)(2), new (g)(1) and (4) amended; (e)(1) designation 
        removed; (e), (g)(2), (3) and (h) revised; (f) heading and 
        (g) heading added..........................................10302
    (g)(5) added...................................................32930
61.48  (g) and (h) revised; (i) added..............................10302
61.49  (c) and (d) amended.........................................10304

[[Page 494]]

61.58  (c)(3) and (4) amended......................................10304
63  Authority citation revised.....................................63920
63.54  (d) revised; (e)(5), (6), (f) and (g) added.................63921
63.100  Revised....................................................40266
64  Request for comments...........................................19118
    Comment period extended.................................19119, 39300
    Report and order...............................................26756
    Clarification..................................................48826
64.903  (c) amended................................................46358
64.1401  (i) added.................................................32930
    (d) and (e) removed; (f) through (i) redesignated as (d) 
through (g); (c) and new (f)(2) revised; eff. 12-15-94.............38930
64.1501  Revised; eff. 10-12-94....................................46770
64.1506  Revised; eff. 10-12-94....................................46770
64.1507  (c) revised; eff. 10-12-94................................46770
64.1510  (b) revised; eff. 10-12-94................................46771
64.1511  (a) amended; eff. 10-12-94................................46771
64.1600--64.1604 (Subpart P)  Added; eff. 4-12-95..................18319
69  Clarification..................................................48826
69.2  (vv) added...................................................32930
69.110  (c)(1) and (2) amended.....................................10304
69.113  (a), (d) and (e) amended...................................10304
69.121  (a)(2) revised; eff. 12-15-94..............................38930
69.126  Amended....................................................10304
69.129  Added......................................................32930

                                  1995

47 CFR
                                                                   60 FR
                                                                    Page
43  Order..........................................................29485
43.51  (a) introductory text and (b) revised.......................52866
43.61  (d) revised..................................................5333
43.81  (b) amended..................................................5333
43.82  Added.......................................................51368
61  Memorandum opinion and order....................................4108
    Order..........................................................29488
61.3  (p) through (ll) redesignated as (q) through (mm); new (p) 
        added......................................................19527
    (e) amended....................................................20052
61.22  (b) amended.................................................52866
61.42  (a)(1) and (b)(1) amended; (c)(17) redesignated as (c)(18); 
        new (c)(17) added...........................................4569
    (b)(3) revised.................................................13639
    (d)(5) added...................................................52346
61.45  (b), (c), (d) introductory text and (1) introductory text, 
        (ii), (vi) and (e) revised.................................19527
    (b) introductory text and (h) revised; (b)(3) added............52346
61.47  (e), (g)(1), (2), (4) and (h)(2) revised....................19528
    (g)(6) added...................................................52346
61.48  (h)(3)(ii)(B), (5)(i), (i)(3)(ii)(B) and (4)(ii) revised....19528
    (j) added......................................................52346
63  Report and order...............................................31924
    Authority citation revised.....................................57196
63.01  (k)(5) and (r) revised; (k)(6) redesignated as (k)(7); new 
        (k)(6) and (s) added.......................................67335
63.12  (c)(1) revised..............................................67338
63.13  (a)(3) and (5) amended; (a)(4) revised......................67338
63.14  Revised.....................................................67338
63.15  (b) revised.................................................51368
63.16  Added.......................................................44281
63.17  Added.......................................................67339
63.62  Introductory text revised; (e) removed; (f) and (g) 
        redesignated as (e) and (f)................................35509
63.64  Removed.....................................................35510
63.69  Removed.....................................................35510
63.70  Removed.....................................................35510
63.90  (a) introductory text revised...............................35510
63.100  (a)(3), (4) and (6) revised; (b) through (e) amended; (h) 
        added......................................................57196
64  Memorandum opinion and order....................................7131
    Technical correction...........................................46537
    Declaration....................................................56124
    Petition  for reconsideration..................................52105
64.1001  (l)(2) amended.............................................5333
64.1100  (a) revised...............................................35853
64.1150  Added.....................................................35853
64.1200  (e)(2)(iv), (vi) and (f)(3)(iii) revised..................42069
64.1301  (f) revised; eff. 10-23-95................................49234
64.1600  Revised...................................................29490
64.1601  Stayed....................................................15496
    Stay at 60 FR 15496 rescinded; revised; eff. 12-1-95...........29490

[[Page 495]]

    Corrected......................................................54449
64.1602  Revised...................................................29490
64.1603  Stayed....................................................15496
    Stay at 60 FR 15496 rescinded; revised; eff. 12-1-95...........29491
    Corrected......................................................54449
64.1604  Revised...................................................29491
    Regulation at 60 FR 29490 eff. 4-12-95.........................54449
65  Authority citation revised.....................................28543
65.1  Revised......................................................28543
65.11  Revised.....................................................67338
65.100  Revised....................................................28544
65.101  Revised....................................................28544
65.102  Revised....................................................28544
65.103  Revised....................................................28544
65.104  Revised....................................................28544
65.105  Revised....................................................28544
65.106  Removed....................................................28545
65.200  Removed....................................................28545
65.201  Removed....................................................28545
65.300  Revised....................................................28545
65.301  Revised....................................................28545
65.302  Revised....................................................28545
65.303  Revised....................................................28545
65.304  Revised....................................................28545
65.305  Added......................................................28546
65.306  Added......................................................28546
65.400  Removed....................................................28545
65.450  (d) revised................................................12139
65.500  Revised....................................................28546
65.510  Removed....................................................28545
65.600  (b) revised................................................28546
65.700  (c) removed; (d) redesignated as (c).......................28546
65.701  Revised....................................................28546
65.702  (a) removed; (b) and (c) redesignated as (a) and (b).......28546
65.703  Removed....................................................28546
65.820  (a) revised................................................12139
68  Reconsideration petition.......................................52105
68.306  (a)(4) amended.............................................54814
    (a)(5) amended.................................................54815
68.318  (c)(3) revised.............................................42069
69  Memorandum opinion and order....................................4108
    Technical correction...........................................46537
69.110  (a) and (e) revised; eff. 10-30-95.........................50121
69.111  (b) and (g) revised; eff. 10-30-95.........................50121
69.112  (a) and (e) revised; eff. 10-30-95.........................50121
69.601  (c) added..................................................19530
69.602  Revised....................................................19530
69.605  (e) added..................................................19530

                                  1996

47 CFR
                                                                   61 FR
                                                                    Page
42.10--42.11  Undesignated center heading added....................59366
42.10  Added.......................................................59366
42.11  Added.......................................................59366
43  Manual revision.................................................4918
    Authority citation revised.....................................50245
43.21  (a) and (d) amended; (c) and (f) introductory text revised; 
        (g) added..................................................50245
43.22  Revised.....................................................50246
43.41  Amended.....................................................50246
43.43  (a) revised.................................................50246
43.51  (a)(2) amended; (a)(3) removed; (a)(4) and (d) redesignated 
        as (a)(3) and (e); new (d) added...........................59200
51  Added..........................................................45619
    Authority citation revised.....................................47348
    Petition denial................................................54099
    Reconsideration petitions......................................66931
51.5  Amended; eff. 10-7-96........................................47348
51.205  Added; eff. 10-7-96........................................47349
51.207  Added; eff. 10-7-96........................................47349
51.209  Added; eff. 10-7-96........................................47349
51.211  Added; eff. in part 10-7-96 and 11-15-96...................47349
51.213  Added; eff. 11-15-96.......................................47349
51.215  Added; eff. 10-7-96........................................47350
51.217  Added; eff. 11-15-96.......................................47350
51.305  (g) added; eff. 11-15-96...................................47351
51.307  (e) added; eff. 11-15-96...................................47351
51.325  Added; eff. 11-15-96.......................................47351
51.327  Added; eff. 11-15-96.......................................47351
51.329  Added; eff. 11-15-96.......................................47351
51.331  Added; eff. 11-15-96.......................................47352
51.333  Added; eff. 11-15-96.......................................47352
51.335  Added; eff. 11-15-96.......................................47352
51.513  (c)(2) revised.............................................52709
51.707  (b)(2) revised.............................................52709
52  Added..........................................................38637
    Authority citation revised.....................................47353
52.1--52.5 (Subpart A)  Redesignated as Subpart C; eff. 10-7-96....47353
    Added; eff. 10-7-96............................................47353
52.1  Redesignated as 52.21; eff. 10-7-96..........................47353
52.3  Redesignated as 52.23; eff. 10-7-96..........................47353
52.5  Redesignated as 52.25; eff. 10-7-96..........................47353
52.7--52.19 (Subpart B)  Added; eff. 10-7-96.......................47353
52.7  Redesignated as 52.27; eff. 10-7-96..........................47353

[[Page 496]]

52.9  Redesignated as 52.29; eff. 10-7-96..........................47353
52.11  Redesignated as 52.31; eff. 10-7-96.........................47353
52.19  Eff. in part 11-15-96.......................................47354
52.21  Redesignated from 52.1; eff. 10-7-96........................47353
    (f), (l), (s), (t) and (u) removed; (g) through (k), (m) 
through (r) and (v) redesignated as (f) through (q); eff. 10-7-96 
                                                                   47355
52.23  Redesignated from 52.3; eff. 10-7-96........................47353
52.25  Redesignated from 52.5; eff. 10-7-96........................47353
52.27  Redesignated from 52.7; eff. 10-7-96........................47353
52.29  Redesignated from 52.9; eff. 10-7-96........................47353
52.31  Redesignated from 52.11; eff. 10-7-96.......................47353
61  Declaration.....................................................8879
    Report and order................................................7738
    Order...................................................36515, 65336
    Petitions for waiver...........................................36653
61.3  (jj) revised.................................................59366
61.20--61.21  Undesignated center heading revised (effective date 
        pending)...................................................15726
61.20  (b) revised (effective date pending)........................15726
    Redesignated as 61.21; new 61.20 added.........................59366
61.21  (a) revised (effective date pending)........................15726
    Redesignated as 61.22; new 61.21 redesignated from 61.20.......59366
61.22--61.50  Undesignated center heading revised (effective date 
        pending)...................................................15727
61.22  (b) and (d) revised (effective date pending)................15727
    Redesignated as 61.23; new 61.22 redesignated from 61.21.......59366
61.23  (c) revised.................................................15727
    Redesignated as 61.24; new 61.23 redesignated from 61.22.......59366
61.24  Redesignated from 61.23.....................................59366
61.72  (a) introductory text and (b) revised.......................59366
61.74  (d) added...................................................59366
63  Order..........................................................40531
63.01  Heading and introductory revised; (k)(5), (6), (7), (r), 
        (s) and Notes 1 through 4 removed (effective date pending)
                                                                   15727
63.05  Heading revised (effective date pending)....................15727
63.08  (a)(i) removed; (a)(ii) and (iii) redesignated as (a)(1) 
        and (2); new (a) introductory text, new (2) and (b) 
        amended; (c) revised; (e) added............................10476
63.09  Removed.....................................................10476
63.10  (a) introductory text, (3) and (4) amended; (c)(3) revised 
        (effective date pending)...................................15727
63.11  (a) introductory text, (2), (c)(1), (2), (3) and (d) 
        revised; (e)(2) amended (effective date pending)...........15727
63.12  Revised (effective date pending)............................15728
63.13  (a)(3) and (5) amended; (a)(4) revised (effective date 
        pending)...................................................15728
63.14  Revised (effective date pending)............................15728
63.15  Heading and (a) revised; (c) removed (effective date 
        pending)...................................................15728
63.16  Removed.....................................................10476
63.17  (b) amended (effective date pending).........................4937
    (b) introductory text and (4) revised (effective date pending)
                                                                   15728
63.18  Added (effective date pending)..............................15729
63.19  Added (effective date pending)..............................15732
63.20  Added (effective date pending)..............................15732
63.21  Added (effective date pending)..............................15732
63.52  (b) amended..........................................10476, 59201
    Heading revised (effective date pending).......................15733
63.53  Revised (effective date pending)............................15733
63.54  Undesignated center heading and section removed.............10476
63.55  Removed.....................................................10476
63.56  Removed.....................................................10476
63.57  Removed.....................................................10476
63.58  Removed.....................................................10476
63.61  Amended.....................................................59201
63.62  (a) revised.................................................15733
63.71  Heading revised (effective date pending)....................15733
Declaration.........................................................8879
    Petition for reconsideration....................................8879

[[Page 497]]

    Waiver..................................................20746, 50246
    Authority citation revised.....................................24903
    Petitions for waiver...........................................36653
64  Authority citation revised..............................52323, 59366
64.604  (c)(4)(iii)(I) revised.....................................36642
64.607  Revised; eff. 10-23-96.....................................42185
64.702--64.708 (Subpart G)  Heading revised........................14981
64.703  (b)(3) revised.............................................14981
    (b)(2) amended; (b)(3) redesignated as (b)(4); new (b)(3) 
added..............................................................52323
    Heading amended................................................54345
64.706  Revised....................................................14981
64.708  (d) revised................................................14981
64.903  (a) introductory text and (b) revised......................50246
64.1201  (e)(3) revised.............................................8880
64.1300--64.1340 (Subpart M)  Heading revised......................54345
64.1300  Added; eff. 10-7-97.......................................52324
64.1301  (b) revised; (a) amended;.................................52323
    Removed; eff. 10-7-97..........................................52324
    Heading, (a), (b) and (d) revised..............................54345
64.1310  Added; eff. 10-7-97.......................................52324
64.1320  Added; eff. 10-7-97.......................................52324
64.1330  Added.....................................................52323
64.1340  Added.....................................................52323
64.1402  (c) amended...............................................43160
64.1501--64.1515 (Subpart O)  Heading revised; eff. 12-23-96.......39087
64.1501  Revised; eff. 12-23-96....................................39087
64.1503  Revised; eff. 12-23-96....................................39087
64.1504  Revised; eff. 12-23-96....................................39087
64.1509  (b)(2) amended............................................55582
64.1510  (b) revised; (c) added; eff. 12-23-96.....................39088
64.1700--64.1704 (Subpart Q)  Added................................24903
64.1801 (Subpart R)  Added.........................................42564
64.1900 (Subpart S)  Added.........................................59366
66  Removed........................................................36654
68  Authority citation revised..............................42387, 52324
68.2  (a) introductory text revised; (a)(9), (10), (j) and (k) 
        added; eff. 11-13-96.......................................42387
    (a)(1) revised.................................................52324
68.3  Amended; eff. 10-23-96.......................................42186
    Amended; eff. 11-13-96.........................................42387
    Amended........................................................52324
68.4  (a)(1) and (2) revised; eff. 10-23-96........................42186
68.6  Added; eff. 10-23-96.........................................42186
68.104  (b) amended; eff. 11-13-96.................................42392
    (b) amended....................................................47434
68.112  (b)(1), (3), (4), (5) and (c) revised; (b)(6) added; eff. 
        10-23-96...................................................42186
    (b)(2) amended; eff. 11-13-96..................................42392
68.200  Introductory text amended; (d) revised; eff. 11-13-96......42392
68.208  (a) amended; eff. 11-13-96.................................42392
68.211  Added; eff. 11-13-96.......................................42392
68.224  (a) revised; eff. 10-23-96.................................42187
68.300  (c) added; eff. 10-23-96...................................42187
    (c) added; eff. 11-13-96.......................................42392
    Second (c) correctly designated as (d).........................54953
68.308  (a), (b)(7)(ii)(C), (h)(2) introductory text and (ii) 
        Table III revised; (b)(1)(viii), (2)(iii) and (h)(3) 
        added; (f)(2)(ii) table and (h)(2)(v) amended; eff. 11-13-
        96.........................................................42392
68.310  (a) table, (i) introductory text and (l) revised; eff. 11-
        13-96......................................................42393
68.312  (b) introductory text, (2) and (h) introductory text 
        revised; (c)(2) amended; eff. 11-13-96.....................42394
    (b)(2), (c)(2) and (d)(1)(iv) amended..........................47434
68.316  Heading and introductory text revised; eff. 10-23-96.......42187
68.317  Added; eff. 10-23-96.......................................42187
69.5  (a) revised..................................................65364
69.104  (a) revised; (d) redesignated as (d)(1); (d)(2) added......65364
69.501  (d) removed; (e) revised...................................65364

                                  1997

  (Regulations published from January 1, 1997, through October 1, 1997)

47 CFR
                                                                   62 FR
                                                                    Page
43  Authority citation revised.....................................39778
43.01  (b) revised; (c) added......................................39778
43.21  (d) revised..................................................5165

[[Page 498]]

    (a) amended; (b) removed; (c) through (g) redesignated as (b) 
through (f); new (b), (c), (e) introductory text and (f) revised; 
new (g) and (h) through (k) added..................................39778
43.22  Removed.....................................................39779
43.41  Removed......................................................5165
43.43  (a) revised.................................................39779
43.51  (d) revised..................................................5541
    (e) correctly designated........................................8633
    Regulation at 61 FR 59200 eff. 10-1-97.........................51378
43.61  (b) revised (Effective date pending).........................5541
    (b), (c) and (d), redesignated as (a)(1), (2) and (3); new (b) 
added; eff. 1-1-98.................................................45761
    Regulation at 62 FR 5541 eff. 3-21-97..........................51064
51.319  (d)(1) revised.............................................45587
51.501  Stayed.......................................................662
    Reinstated.....................................................45579
51.503  Stayed.......................................................662
    Reinstated.....................................................45579
51.505  Stayed.......................................................662
    Reinstated.....................................................45579
51.507  Stayed.......................................................662
    Reinstated.....................................................45579
51.509  Stayed.......................................................662
    Reinstated.....................................................45579
51.511  Stayed.......................................................662
    Reinstated.....................................................45579
51.513  Stayed.......................................................662
    Reinstated.....................................................45579
51.515  Stayed.......................................................662
    Reinstated.....................................................45579
    (d) added......................................................45587
51.601  Stayed.......................................................662
    Reinstated.....................................................45579
51.603  Stayed.......................................................662
    Reinstated.....................................................45579
51.605  Stayed.......................................................662
    Reinstated.....................................................45579
51.607  Stayed.......................................................662
    Reinstated.....................................................45579
51.609  Stayed.......................................................662
    Reinstated.....................................................45579
51.611  Stayed.......................................................662
    Reinstated.....................................................45579
51.705  Stayed.......................................................662
    Reinstated.....................................................45579
51.707  Stayed.......................................................662
    Reinstated.....................................................45579
51.709  Stayed.......................................................662
    Reinstated.....................................................45579
51.711  Stayed.......................................................662
    Reinstated.....................................................45579
51.713  Stayed.......................................................662
    Reinstated.....................................................45579
51.715  Stayed.......................................................662
    Reinstated.....................................................45579
52  Order....................................................8633, 19056
52.23  (a)(4) through (8), (b) and (g) revised; (a)(9) removed.....18294
52.26  Added; eff. 10-17-97........................................48786
52.31  (a) revised.................................................18295
52.101--52.109 (Subpart D)  Added..................................20127
52  Appendix revised...............................................18295
53  Added...........................................................2967
    Technical correction.....................................5074, 10221
53.203  OMB number pending..........................................2968
53.209  Added (Effective date pending)..............................2926
    Regulation at 62 FR 2926 eff. 8-12-97..........................43122
53.211  Added (Effective date pending)..............................2926
    Regulation at 62 FR 2926 eff. 8-12-97..........................43122
53.213  Added (Effective date pending)..............................2927
    Regulation at 62 FR 2926 eff. 8-12-97..........................43122
54  Added..........................................................32948
    Order..........................................................47369
54.5  Amended......................................................41303
54.400--54.417 (Subpart E)  Eff. 1-1-98............................32952
54.500  (b) through (h) redesignated as (c) through (i); new (b) 
        added......................................................40748
54.504  (b)(1) and (3) amended; (b)(2)(vii) revised................41304
54.505  (b)(3) introductory text and (c) introductory text revised
                                                                   41304
54.507  (f) redesignated as (g); new (f) added.....................40748
    (a), (c) and (e) amended; (f)(1) and (4) revised...............41304
54.509  (a) amended; (b) and (c) revised...........................41304
54.516  (b) revised................................................41304
54.603  (b)(2), (4) and (5) revised; (b)(3) amended................41304
54.609  (b) amended................................................41305
54.701  Amended....................................................41305
54.709  Added......................................................41305
54.711  Added......................................................41305
54.713  Added......................................................41306

[[Page 499]]

54.715  Added......................................................41306
59  Added (Effective date pending)..................................9713
    Regulation at 62 FR 9413 eff. 5-6-97...........................36998
61.3  (s) revised...................................................5777
    (f) introductory text revised; eff. 1-1-98.....................31930
61.20  Regulation at 60 FR 15726 eff. 6-13-96......................51378
61.21  Regulation at 60 FR 15726 eff. 6-13-96......................51378
61.22  Regulation at 60 FR 15727 eff. 6-13-96......................51378
61.33  (d) through (g) redesignated as (e) through (h); new (d) 
        added; new (e) revised......................................5777
61.39  (b)(3)(i), (ii), (4)(i) and (ii) revised....................31004
61.42  (d)(1), (2), (3), (e)(1) and (2)(vi) revised; (d)(6) added 
        (Effective date pending)...................................31930
    Regulation at 62 FR 31930 eff. 1-1-98..........................48486
61.45  (c) introductory text redesignated as (c)(1) introductory 
        text; (b) introductory text, (1) and new (c)(1) 
        introductory text revised; (c)(2), (d)(1)(ix) and (i) 
        through (l) added (OMB number pending).....................31930
    (b)(1) and (2) revised; (c)(1) and (2) amended; (d)(2) 
redesignated as (d)(2)(i); (d)(2)(ii) added; (h) removed...........31941
    (i)(1), (2) and (j) corrected..................................40460
61.46  (d) introductory text and (e) redesignated as (d)(1) and 
        (e)(1); new (d)(1) and new (e)(1) revised; (d)(2), (e)(2), 
        (g) and (h) added; eff. 1-1-98.............................31931
    (d) introductory text and (e) correctly redesignated as (d)(1) 
and (e)(1).........................................................40460
    Regulation at 61 FR 31391 eff. 6-15-97.........................48486
61.47  (e), (g)(1), (2), (4) and (h)(2) revised; (g)(6) removed.....4659
    (g)(7), (i) and (j) added (Effective date pending).............31932
    (i)(1) through (4) corrected...................................40460
    Regulation at 61 FR 31932 eff. 6-15-97.........................48486
61.48  (k) added (Effective date pending)..........................31932
    Regulation at 62 FR 31932 eff. 1-1-98..........................48486
61.49  (d) removed; (e) through (l) redesignated as (d) through 
        (k).........................................................4659
    (l) added.......................................................5778
    (e) through (l) correctly redesignated as (d) through (k)......42218
61.50  (h)(1) and (k) revised; (h)(3) and (i)(3) added.............31005
61.51  Added........................................................5778
61.52  (c) added....................................................5778
61.58  (a)(2) revised; (d) and (e) redesignated as (e) and (f); 
        new (d) added...............................................5778
63.01  Regulation at 60 FR 15727 eff. 6-13-96......................51378
63.02  Regulation at 60 FR 15727 eff. 6-13-96......................51378
63.05  Regulation at 60 FR 15727 eff. 6-13-96......................51378
63.07  (b) removed; (c) redesignated as (b).........................5165
63.10  Regulation at 60 FR 15727 eff. 6-13-96......................51378
63.11  (b) revised.................................................32964
    Regulation at 60 FR 15727 eff. 6-13-96.........................51378
63.12  Regulation at 60 FR 15728 eff. 6-13-96......................51378
63.13  Regulation at 60 FR 15728 eff. 6-13-96......................51378
63.14  Regulation at 60 FR 15728 eff. 6-13-96......................51378
63.15  Regulation at 60 FR 15728 eff. 6-13-96......................51378
63.17  Regulation at 60 FR 15728 eff. 6-13-96......................51378
63.18  (e)(3)(i)(B) revised........................................32965
    (e)(2)(ii)(B), (C), (3) introductory text and (4) revised; 
eff. 1-1-98........................................................45762
    Regulation at 60 FR 15729 eff. 6-13-96.........................51378
63.19  Regulation at 60 FR 15732 eff. 6-13-96......................51378
63.20  Regulation at 60 FR 15732 eff. 6-13-96......................51378
63.21  (a) revised; eff. 1-1-98....................................45762
    Regulation at 60 FR 15732 eff. 6-13-96.........................51378
63.100  (b), (c), (d), (e) introductory text, (2) and (h)(2) 
        amended....................................................39452
64  Order...............................8633, 19056, 19686, 46447, 47369
    Waiver..................................................24583, 24585

[[Page 500]]

    Authority citation revised..............................39779, 45588
64.604  (a)(3) suspended; eff. 9-8-97 through 8-26-98..............47152
64.804  (g) introductory text amended...............................5166
64.901  (c) added..................................................45588
    Regulation at 62 FR 45588 eff. date corrected to 8-28-97.......47237
64.903  (a) introductory text and (b) revised......................39779
64.904  (a) revised................................................39779
    (c) added......................................................45588
64.1001 (Subpart J)  Heading revised................................5541
64.1001  Heading, (d), (e)(7), (f) introductory text, (g) 
        introductory text and (i) through (l) revised (OMB number 
        pending)....................................................5541
64.1002  Added......................................................5541
    Regulation at 62 FR 5541 eff. 3-21-97..........................51064
64.1100  (a) revised; eff.1-12-98..................................43481
    (a) corrected..................................................48787
64.1150  (e)(4) and (g) revised (OMB number pending)...............43481
64.1601  (a), (b), (d) introductory text, (1), (2) and (3) 
        revised; (d)(4) added......................................34015
64.1901--64.1903 (Subpart T)  Added (OMB number pending)...........36017
65.600  (b) revised.................................................5166
65.830  (a)(3) and (c) revised.....................................15118
68  Order..........................................................19686
    Authority citation revised..............................24587, 43484
68.2  (j) and (k) revised..........................................24587
    (l) added; eff. 10-5-97........................................47371
68.3  Amended......................................................36464
68.6  Revised......................................................43484
68.110  (c) added..................................................36464
68.112  (b)(3)(ii), (iii), (iv), (5)(ii) and (6)(i) revised........43484
    (b)(3)(iii) introductory text corrected........................51064
68.213  (a) and (b) revised........................................36464
68.215  Heading revised............................................36465
68.308  (h)(3) heading revised; (h)(4) added........................9989
68.500  Introductory text amended..................................36465
69  Authority citation revised..............................32962, 41306
    Order..........................................................47369
69.1  (c) revised; eff. 1-1-98..............................31932, 40463
69.2  (hh) revised; eff. 1-1-98....................................31932
    (y) revised....................................................32962
69.4  (g) added.....................................................4659
    (b) introductory text revised; (b)(1), (d) and (f) removed; 
(h) added (Effective date pending).................................31932
    Regulation at 62 FR 31932 eff. 1-1-98..........................48486
69.103  Removed....................................................31933
69.104  Heading, (a) and (e) revised (Effective date pending)......31933
    (j), (k) and (l) revised.......................................32962
    Regulation at 61 FR 31933 eff. 6-15-97.........................48486
69.105  Heading and (a) revised; (b)(7) and (8) removed; eff. 1-1-
        98.........................................................31933
69.106  (a) and (b) revised; (f) and (g) added (Effective date 
        pending)...................................................31933
    (b) revised; eff. 1-1-98.......................................40463
    Regulation at 62 FR 31933 eff. 1-1-98..........................48486
69.107  Removed....................................................31933
69.111  (b) and (f) removed; (a), (c), (d), (e) and (g) revised; 
        (l) added (Effective date pending).........................31933
    (g)(4) and (l)(1) revised; eff. 1-1-98.........................40463
    Regulation at 62 FR 31933 eff. 1-1-98..........................48486
69.116  Introductory text revised..................................32962
69.117  Introductory text revised..................................32962
69.122  Removed....................................................31935
69.123  (f) added; eff. 1-1-98.....................................31935
69.124  Revised; eff. 1-1-98.......................................31935
69.125  (a) revised; eff. 1-1-98...................................31935
69.126  Revised; eff. 1-1-98.......................................31935
    Regulation at 61 FR 31935 eff. 6-15-97.........................48486
69.151--69.157 (Subpart C)  Revised................................31935
69.151  Effective date pending.....................................31935
    Regulation at 61 FR 31935 eff. 6-15-97.........................48486
69.152  Effective date pending.....................................31935
    (b) revised; eff. 1-1-98.......................................40464
    Regulation at 61 FR 31935 eff. 6-15-97.........................48486
69.153  Effective date pending.....................................31937
    (d)(2)(i) corrected............................................40460

[[Page 501]]

    Regulation at 62 FR 31937 eff. 1-1-98..........................48486
69.154  Eff. 1-1-98................................................31937
69.155  Eff. 1-1-98................................................31938
    (c) corrected..................................................40460
69.156  Effective date pending.....................................31938
    Regulation at 62 FR 31938 eff. 1-1-98..........................48486
69.157  Eff. 1-1-98................................................31938
69.203  (f) revised; (g)(1) amended................................32962
69.303  (a) and (b) designation removed............................31938
69.304  (c) removed................................................31938
69.305  (b) and (d) revised; (e) added; eff. 1-1-98................31938
69.306  (c), (d) and (e) revised; eff. 1-1-98......................31938
69.307  (c) removed................................................31939
    (c) added......................................................40464
69.308  Removed....................................................31939
69.309  Revised; eff. 1-1-98.......................................31939
69.401  (b) revised; eff. 1-1-98...................................31939
69.406  (a)(9) removed.............................................31939
69.410  Removed (effective date pending)...........................31939
    Regulation at 61 FR 31939 eff. 6-15-97.........................48486
69.411  Revised; eff. 1-1-98.......................................31939
69.501  (a) removed; eff. 1-1-98...................................31939
69.502  Revised; eff. 1-1-98.......................................31939
    (c) revised; eff. 1-1-98.......................................40464
69.600  Added......................................................41306
69.603  (c), (d) and (e) revised; (f) removed; (g), (h) and (i) 
        redesignated as (f), (g) and (h)...........................41306
69.611  Removed; eff. 1-1-98.......................................31939
69.612  Introductory text and (a) revised..........................32962
69.613  Added......................................................41306
69.614  Added......................................................41307
69.615  Added......................................................41307
69.616  Added......................................................41308
69.617  Added......................................................41308
69.618  Added......................................................41309
69.619  Added......................................................41309
69.620  Added......................................................41310
69.621  Added......................................................41310
69.622  Added......................................................41311