[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Notices]
[Pages 2964-2968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-760]



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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 90-571]


Telecommunications Relay Services; FCC Form 431

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that in an Order on Telecommunications 
Relay Services and the Americans with Disabilities Act of 1990 (Order), 
CC Docket No. 90-571, adopted December 28, 1994, and released December 
30, 1994, the Commission calculated the contribution factor for the 
period April 26, 1995 through March 26, 1996 for the Telecommunications 
Relay Services (TRS) Fund, and approved the TRS payment formula for the 
1995 calendar year. In addition, the Commission adopted the 1995 TRS 
Fund Worksheet, FCC Form 431, subject to approval by the Office of 
Management and Budget (OMB).

FOR FURTHER INFORMATION CONTACT:
Pamela Gerr, Domestic Facilities Division, Common Carrier Bureau, (202) 
634-1798, or James Lande, Industry Analysis Division, Common Carrier 
Bureau, (202) 418-0948.

SUPPLEMENTARY INFORMATION: The above actions were taken pursuant to 
Section 64.604(c)(4)(iii) of the Commission's Rules, 47 CFR Section 
64.604(c)(4)(iii). Pursuant to the Order, and subject to approval by 
OMB, the 1995 TRS Fund Worksheet, FCC Form 431, shall be effective for 
the period April 26, 1995 through March 26, 1996. All subject carriers 
are required to file the form annually and contribute to the TRS Fund. 
The TRS Fund reimburses TRS providers for the costs of providing 
interstate TRS. The Commission's rules provide that the TRS Fund 
Worksheet shall be published in the Federal Register. See 47 CFR 
Section 64.604(c)(4)(iii)(B).
    Public reporting burden for this collection of information is 
estimated to average 2 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to the Federal Communications 
Commission, Records Management Branch, Room 234, Paperwork Reduction 
Project (3060-0536), Washington, DC 20554 and to the Office of 
Management and Budget, Paperwork Reduction Project (3060-0536), 
Washington, DC 20503.

Federal Communications Commission.
Kathleen M.H. Wallman,
Chief, Common Carrier Bureau.

TRS Fund Worksheet

    Estimated Average Burden Hours Per Response: 2 hours.
    Instructions for completing the worksheet for calculating and 
filing carrier contributions to fund Interstate Telecommunications 
Relay Service (TRS).

Notice to Individuals

    Section 64.604(c)(4)(iii) of the Commission's Rules requires all 
carriers providing interstate service to complete this 
[[Page 2965]] worksheet and to contribute funding for interstate 
Telecommunications Relay Services (TRS). The collection of 
information and fees stems from the Commission's authority under the 
Communications Act of 1934, Sections 4, 48, 48 Stat. 1066, as 
amended, 47 U.S.C. 154 unless otherwise noted. Interpret or apply 
Sections 201, 211, 218, 219, 220, 225 48 Stat. 1073, 1077, as 
amended; 47 U.S.C. 201, 211, 218, 219, 220, 225. The data in the 
report will be used to ensure that carriers properly fund interstate 
TRS. Selected information provided in the worksheet will be made 
available to the public in a manner consistent with the Commission's 
Rules. All carriers providing interstate telecommunications service 
must file this worksheet. Other telecommunications carriers may 
voluntarily file this worksheet.
    The foregoing Notice is required by the Privacy Act of 1974, 
P.L. 93.579, December 31, 1974, 5 U.S.C. 552(a)(e)(3), and the 
Paperwork Reduction Act of 1980. P.L. 96-511, Section 3504(c)(3).
    Public reporting burden for this collection of information is 
estimated to average 2 hours per response including the time for 
reviewing instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing the reporting burden to the 
Federal Communications Commission, Office of Managing Director, 
Washington, DC 20554, and the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Paperwork Reduction 
project (3060), Washington, DC 20503.

 I. Introduction

    On July 15, 1993, the Commission adopted rules that require all 
providers of interstate telecommunications services to contribute to 
the provision of TRS based in their proportionate share of gross 
interstate revenues. Section 64.604(c)(4)(iii) directs carriers to 
calculate and file their contribution in accordance with a TRS Fund 
Worksheet.
    * * * Contributions shall be calculated and filed in accordance 
with a ``TRS Fund Worksheet'', which will be prepared and 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.

 II. Filing Requirements and General Instructions

A. Who Must File

    All common carriers providing interstate telecommunications 
services within the United States or international 
telecommunications service between U.S. and foreign points must file 
this worksheet. For this purpose, the United States is defined as 
the conterminous United States, Alaska, Hawaii, American Samoa, 
Baker Island, Guam, Howland Island, Jarvis Island, Johnston Atoll, 
Kingman Reef, Midway Island, Navassa Island, the Northern Mariana 
Islands, Palmyra, Puerto Rico, the U.S. Virgin Islands, and Wake 
Island.
    For the purpose of calculating TRS contributions, interstate 
telecommunications service includes, but is not limited to the 
interstate portion of the following types of services: 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, telephone, video, satellite, international, intraLATA, and 
resale services. Note that all local exchange carriers provide 
interstate access services, and therefore must file.
    Carriers need not file if they provide only intrastate service. 
Carriers need not file if they did not provide interstate service in 
calendar year 1994. However, all such carriers are encouraged to 
file because all carriers that file will be included in the FCC 
Carrier Locator. The Carrier Locator is a directory of 
telecommunications common carriers and is available to the public 
through the Commission's contract copier or on-line through the FCC-
State Link computer bulletin board at (202)-418-0241. All carriers 
that are required to file or that voluntarily file must include a 
TRS fund contribution. The minimum contribution is $100.
    Entities may not file summary reports for more than one carrier. 
Each legal entity that provides interstate telecommunications 
service must file separately. Entities that have distinct articles 
of incorporation are separate legal entities. All affiliates or 
subsidiaries should identify the ultimate controlling parent or 
entity in Block 1, Line (1c)--Holding Company.

B. When and Where to File

    The 1995 TRS contribution period will fund interstate TRS 
provided between May 1, 1995 and April 30, 1996. Monthly 
contributions for the 1995 TRS contribution period must be received 
by the 26th of each month for April 1995 through March 1996. A 
revised TRS Worksheet will be released for the 1996 TRS contribution 
period.
    The legal name of the carrier and the TRS Company Code should be 
shown on all checks exactly as it appears on the completed TRS Fund 
Worksheet. TRS Company Codes can be obtained from the Carrier 
Locator, or by contacting the TRS Fund Administrator. Do not mail 
the TRS worksheet or TRS contribution checks to the FCC. Payments 
must be received by the FCC TRS Fund Administrator--the National 
Exchange Carrier Association (NECA)--no later than the dates 
indicated below. The filing schedule is as follows:

------------------------------------------------------------------------
                                                           Payment due 4/
             Mailing address                Worksheet due  26/95 through
                                               4/26/95        3/26/96*  
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NECA TRS, P.O. Box 360090, Pittsburgh, PA  ..............  Check.**     
 15251-6090.                                                            
NECA FCC TRS Fund Administration, 100      Completed       Photocopy of 
 South Jefferson Rd., Whippany, NJ 07981.   Worksheet.      check.**    
Telephone: 201-884-8173                                                 
Fax: 201-884-8469                                                       
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*Carriers whose total 1995 TRS contribution is less than $1200 must pay 
  the total amount to the FCC TRS Fund Administrator no later than April
  26, 1995. Carriers whose total 1995 TRS contribution is $1,200 or     
  greater may elect to make twelve equal monthly payments with the first
  payment due to the FCC TRS Fund Administrator no later than April 26, 
  1995.                                                                 
**Carriers are encouraged to contact the FCC TRS Fund Administrator to  
  make arrangements for Electronic Funds Transfer.                      

C. Rounding of Numbers

    All information provided in the worksheet, except the signature, 
should be neatly printed in ink or typed. Reported revenues in block 
2, column (b) may be rounded to the nearest thousand dollars. 
Regardless of rounding, all dollar amounts must be reported in whole 
dollars. For example, $2,271,881.93 could be reported as $2,271,882 
or as $,272,000, but could not be reported as $2272 thousand or 
$2.272 million. Please enter $0 if there was no revenue for the line 
for 1994.
    Percentages reported in block 2, column (c) should be rounded to 
the nearest whole percent. For example, if the ratio of interstate 
to total revenue was .4269115, then the figure 43% should be 
reported. Percentages between 0% and 1% should be reported as 1%. 
Please enter 0% if there was no interstate revenue for the line for 
1994.
    Interstate revenues are calculated as total revenues in column 
(b) times the percentage shown in column (c). Calculated interstate 
revenues should be rounded to the nearest whole dollar and entered 
in column (e). Similarly, the total contribution (block 3, Line 
(18)) and amounts enclosed with the filing (block 3, Line (19)) 
should be rounded to the nearest whole dollar.

D. Compliance

    Carriers failing to file the TRS Worksheet in a timely fashion 
are subject to the fines prescribed in Section 219(b) of the 
Communications Act of 1934 (the Act). Carriers filing false 
information are subject to fines or imprisonment as specified in 
Section 220(e) of the Act. Carriers failing to contribute in a 
timely fashion are subject to fines prescribed in Section 503(b) of 
the Act. In addition, Section 64.604(c)(4) of the Commission's Rules 
authorizes the FCC Fund Administrator to bill a carrier for 
reasonable costs, including legal fees, that are caused by improper 
filing of the worksheet or overdue TRS contributions.

III. Specific Instructions [[Page 2966]] 

A. Block 1: Carrier Identification

    Block 1 of the TRS Fund Worksheet requires identification 
information. Line (1a) requests the legal name of the carrier as it 
appears on articles of incorporation or other legal documents. Line 
(1b) provides a checkoff for the principal carrier activity. Please 
check the category that best describes the carrier.

LEC--Local Exchange Carrier--provider of franchised local exchange 
service.
Cellular--Cellular telephone company.
Mobile--Any provider of mobile services, such as a radio telephone 
and paging service. This category does not include cellular or PCS.
OSP--Operator Service Providers--are companies other than LECs that 
provide services to customers needing assistance of an operator such 
as to complete away from home calls, or calls using alternate 
billing arrangements. These companies typically employ operators as 
well as credit and cash card technologies to complete calls.
IXC--Interexchange Carrier.
CAP--Competitive Access Provider--competes with local exchange 
carriers to provide services that link customers with interexchange 
facilities, local exchange networks, or other customers.
Pay Telephone--Provides customers access to telephone networks 
through pay telephone equipment, special teleconferences rooms, etc.
PCS--Provider of Personal Communications Services.
Reseller--Leases underlying transmission facilities for purposes of 
providing interexchange service.
Other--Check other if none of the above categories describes the 
carrier.

    Line (1c) requests the name of the holding company or 
controlling entity, if any. All affiliates should have the same name 
for Line (1c). Line (1d) requests the primary carrier identification 
code (CIC) used by the carrier for the provision of interexchange 
services. All carriers that purchase feature group B or feature 
group D access services have one or more CICs. CICs are administered 
by the North American Numbering Plan Administration, which can be 
reached at 201-740-3129.
    Line (2) requests the principal name under which the company 
conducts carrier activities. This would typically be the name that 
appears on customer bills, or the name used when service 
representatives answer customer inquiries. For example, American 
Telephone and Telegraph, Inc. might show AT&T. Line (3) requests the 
complete mailing address of the corporate headquarters. Line (4) 
requests a telephone number that can be used for customer inquiries. 
Information provided in Block 1 will be published in the Industry 
Analysis Division Carrier Locator.

B. Block 2: Carrier Revenue for Calendar Year 1994

1. Column (b)

    Provide gross revenues for all telecommunications services for 
Calendar 1994. Gross revenues include revenues from regulated, 
detariffed, and nonregulated telecommunications services. Where two 
carriers have merged during the year, the successor company should 
report total revenues for the year for both the predecessor and 
successor operations. [However, the two carriers would continue to 
report separately if each maintained separate corporate identities 
and continued to operate.] Gross revenues should not include non-
telecommunications services, such as the lease of customer premises 
equipment. Gross revenues consist of total revenues billed to 
customers with no allowances for uncollectibles. Billed revenues may 
be distinct from booked revenues. NECA pool companies should report 
the actual gross billed revenues (CABS Revenues) reported to the 
NECA pool and not settlement revenues received from the pool. For 
international services, gross revenues consist of gross revenues 
billed by U.S. carriers with no allowances for settlement payments. 
Gross revenues should also include any surcharges on communications 
services that are billed to the customer and either retained by the 
carrier or remitted to a non-government third party under contract. 
Gross revenues should exclude taxes and any surcharges that are not 
recorded as revenue but which instead are remitted to government 
bodies. Carrier revenue data for Calendar 1994 should be taken from 
the latest available company official records as of April 1995.
    Report carrier revenues using the categories shown in column (a) 
of Block 2. Carriers required to use the Uniform System of Accounts 
(USOA) prescribed in Part 32 of Commission's rules should base their 
response on their USOA account data. Other carriers should divide 
gross revenues based on the following descriptions. Do not use 
categories 8 or 14 revenues that logically should be placed in other 
categories.
    Line (5)--Local exchange service--should include the basic local 
service revenues of local exchange carriers except for local private 
line revenue, access revenues, and revenues from providing mobile or 
cellular services to the public. Line (5) should include Account 
5001--basic area revenue; Account 5002--Optional extended area 
revenue; Account 5003--Cellular mobile revenue (revenue to the local 
exchange carrier for messages between a cellular customer and 
another station within the mobile service area); Account 5050--
Customer premises revenue; Account 5060--Other local exchange 
revenue; and, Account 5069--Other local exchange revenue 
settlements. Line (5) should also include amounts in Account 5004--
Other mobile services revenue--that were derived from connecting 
with mobile service carriers.
    Line (5) should not include Account 5010--pay telephone 
revenues. Such revenues should be included in Line (11)--Operator 
service and pay telephone revenues. In addition, Line (5) should not 
include revenues from the Universal Service Fund and Lifeline 
Assistance Revenues (reimbursement for the waived portion of 
subscriber line charges). Such revenues should be included in Line 
(9)--Interstate access revenues.
    Line (6)--Local private line service--should include revenues 
from providing local services that involve dedicated circuits, 
private switching arrangements and/or predefined transmission paths. 
Line (6) should include amounts recorded in Account 5040--Local 
private line revenue.
    Line (7)--Mobile radio, cellular, paging and PCS--should include 
revenues from the provision of mobile radio, cellular, paging and 
personal communications services to the public. Line (7) should also 
include amounts in Account 5004--Other mobile services revenue--that 
were derived from providing service directly to the public.
    Line (8)--Alternative access & other--should include all other 
local service revenues, including revenues for competitive access 
providers. Line (8) should include Account 5200--Miscellaneous 
revenue.
    Long distance revenues include intrastate, interstate, and 
international long distance services. Divide long distance revenues 
between access service, operator service, other switched service, 
long distance private line services, and all other long distance 
services.
    Line (9)--Interstate access--should include revenues in Account 
5081--End User revenue; Account 5082--Switched access revenue; and, 
Account 5083--Special access revenue. In addition, Line (9) should 
include revenues from the Universal Service Fund and Lifeline 
Assistance Revenues (reimbursement for the waived portion of 
subscriber line charges). Only carriers collecting revenues pursuant 
to interstate access tariffs filed with the FCC should be reporting 
non-zero amounts on Line (9).
    Line (10)--Intrastate access--should include revenues in Account 
5084--State access revenue. Only carriers collecting revenues 
pursuant to intrastate access tariffs should be reporting data in 
Line (10).
    Line (11)--Operator service and Pay Telephone--should include 
all calling card or credit card calls, person to person calls, and 
calls with alternative billing arrangements such as third number 
billing and collect calls. In addition, Line (11) should also 
include all pay telephone revenue, including all revenue in Account 
5010. Operator service revenues should include all toll traffic from 
coin, public and semi-public, accommodation and prison telephones.
    Line (12)--Non-operator switched toll service--should include 
amounts from Account 5100--Long distance message revenue--except for 
amounts reported in Line (11). Line (12) includes WATS, 800, 900, 
``WATS like'' and similar switched services.
    Line (13)--Long distance private line service--should include 
revenue from dedicated circuits, private switching arrangements, 
and/or predefined transmission paths, extending beyond the basic 
service area. This category should include the resale of special 
access services. Line (13) should include Account 5120--Long 
distance private network revenue.
    Line (14)--All other long distance--should include all other 
revenues from providing long distance communications services. Line 
(14) should include Account 5160--Other long distance revenue.
    Total the figures in column (b) for Line (5) through Line (14) 
and enter this amount in [[Page 2967]] Line (15b). This should 
represent the total communications revenues for the company.

2. Column (c) and Column (d)

    For each entry in Line (5) through Line (14), estimate the 
percentage of the amounts reported in column (b) that are for 
interstate and/or international service, and enter this percentage 
in Column (c). Interstate revenues include all revenues received for 
calls that do not originate and terminate in the same state. For 
example, if a cellular carrier collects a fixed amount of revenue 
per minute of traffic, and 10% of minutes are interstate, then 
interstate revenues would include 10% of the per minute revenues.
    Wherever possible, carriers should calculate the percentage of 
total revenues that are interstate by using information from their 
books of accounts and other internal data reporting systems. 
Carriers who cannot calculate a percentage by using information from 
their books of accounts and other internal data reporting systems, 
may elect to rely on a special study to estimate the percentages. 
Place a check mark in Column (d) if the percentage shown in column 
(c) was based on a special study--e.g. not based on a direct 
calculation from revenue amounts taken from the carrier's books of 
account.

3. Column (e)

    Multiply the gross revenues reported in column (b) by the 
interstate percentages reported in column (c), putting the results 
in column (e). The sum of the figures in column (e), Lines (5) 
through (14), should be entered in Line (15e).

C. Block 3: Calculation of Contribution

    Use block 3 in the worksheet to calculate the TRS contribution 
for the period April 1995 through March 1996. Total interstate 
revenues from Line (15e) should be copied to Line (16). This amount 
must be multiplied by the Contribution Rate shown in Line (17), with 
the result entered in Line (18). The contribution rate is 0.00023 
for the 1995 filing year.
    If the result of the calculation is less than $100, then the 
total contribution for the year is $100. If the total contribution 
is less than $1,200, then the carrier should remit the total 
contribution with the worksheet. If the total liability is equal to 
or greater than $1,200, then the carrier may elect to make 12 equal 
monthly payments. The monthly contribution should be calculated as 
the amount in Line (18) divided by 12.0, rounded to the nearest 
whole dollar. Enter the amount of the April 26, 1995 fund 
contribution in Line (19). If the carrier elects to make monthly 
contributions, the eleven additional monthly contributions must be 
received by the 26th of succeeding months, May 1995 through March 
1996.
    Section II--B above provides directions for mailing the 
completed TRS Fund Worksheet and checks for amounts due to the FCC 
Fund Administrator. Carriers who check the box in Line (19) will 
receive monthly payment reminders. These reminders will be mailed to 
the address shown in Line (25b). Contact the NECA, the TRS Fund 
Administrator to make other arrangements. Failure to receive a 
reminder notice will not justify late payment.

D. Block 4: Certification

    An officer of the fund contributor must examine the data 
provided in the TRS Fund Worksheet and certify that the information 
provided therein is accurate. In addition, the fund contributor 
should provide the name of a contact person who can provide 
clarifications, if necessary, and who could serve as the first point 
of contact in the event that either the FCC or the FCC Fund 
Administrator should choose to audit information provided by the 
company.
    Line (25b) should contain the address of the contact person. The 
1996 TRS Fund Worksheet will be sent to this address unless other 
arrangements are made with the TRS Fund Administrator.
    Line (26) provides a check off to show whether the worksheet is 
the original filing for 1995, or whether the worksheet is a revised 
1995 filing. A Carrier must file a revised worksheet if it discovers 
an error in the data that it reports. Carriers generally close their 
books for financial purposes by April. Carriers should not report 
routine out of period adjustments to revenue data unless such 
adjustments would affect a reported amount by more than 10%. 
Carriers should not file a revised Form 431 to reflect mergers, 
acquisitions, or sale of operating units. In the event that a 
carrier that filed a Form 431 no longer exists, the successor 
company to the carrier's assets or operations is responsible to 
continue making payments for the funding period.

IV. Reminders

--Each affiliate or subsidiary must file separately. Each affiliate 
or subsidiary should show the same holding company name on Line 
(1c).
--Provide data for all lines that apply. Show a zero for all items 
where the carrier had no revenue for calendar 1994.
--Only LECs should be reporting revenue on Line (5).
--Only carriers with access tariffs should be reporting access 
revenues on Line (9) and Line (10).
--All pay telephone, credit card, debit card, and operator assisted 
revenue should be included on Line (11).
--Check the special study box for each line where the percentage of 
interstate revenues cannot directly calculated from revenue amounts 
taken from the carrier's books of account.
--Include the legal name of the carrier--as shown on Line (1a)--on 
all TRS fund checks. Also include the TRS company code on checks. 
The TRS company code is assigned by NECA, the TRS Fund 
Administrator.

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[FR Doc. 95-760 Filed 1-11-95; 8:45 am]
BILLING CODE 6712-01-C