[Federal Register Volume 70, Number 163 (Wednesday, August 24, 2005)]
[Notices]
[Page 49615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16617]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket Nos. 93-193, 94-65; DA 05-2197]


Wireline Competition Bureau Approves Plan To Refund Interstate 
Access Customers of BellSouth for 1993 and 1994 Tariff Periods

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document provides notice that the Wireline Competition 
Bureau has approved the plan to refund interstate access customers of 
BellSouth Telecommunications, Inc. (BellSouth) for refunds associated 
with its 1993 and 1994 annual interstate access tariffs. It also 
provides information as to how refunds may be obtained by BellSouth 
interstate access customers that are either no longer readily 
identifiable or that are due refunds of less than $100.

DATES: Former interstate access customers may submit refund claims to 
BellSouth through October 24, 2005.

ADDRESSES: See SUPPLEMENTARY INFORMATION for address postings.

FOR FURTHER INFORMATION CONTACT: Margaret Dailey, Wireline Competition 
Bureau, Pricing Policy Division, (202) 418-1520, 
[email protected].

SUPPLEMENTARY INFORMATION: On July 30, 2004, the Commission released 
the Add-Back Tariff Investigation Order, FCC 04-151, in CC Docket Nos. 
93-193 and 94-65. In that Order, the Commission concluded its 
investigation of the 1993 and 1994 interstate access tariffs of price 
cap local exchange carriers (LECs) that implemented a sharing or lower 
formula adjustment. The Commission found unjust and unreasonable the 
1993 annual access tariffs of price cap LECs that implemented a sharing 
or lower formula adjustment in their 1992 Price Cap Indexes (PCIs) and 
that failed to apply add-back in computing their 1992 earnings and 
rates of return and resulting 1993 PCIs. The Commission made the same 
findings for the 1994 interstate access tariffs of price cap LECs that 
implemented a sharing or lower formula adjustment in their 1993 PCIs. 
Finally, the Commission ordered affected price cap LECs to: (1) 
Recalculate their 1992 and 1993 earnings and rates of return, making an 
add-back adjustment; (2) determine the appropriate sharing or lower 
formula adjustment to their PCIs for the subsequent tariff year; (3) 
compute the amount of any resulting access rate decrease; and (4) 
submit a plan for refunding the amounts owed to customers plus interest 
as a result of any such rate decrease.
    On August 30, 2004, BellSouth filed the refund plan required by the 
Add-Back Tariff Investigation Order. In the Add-Back Refund Order, DA 
05-719, released on March 17, 2005, the Wireline Competition Bureau 
(Bureau) disapproved BellSouth's refund plan. BellSouth provided a 
further explanation of its refund plan calculations. Upon review of 
this explanation, the Bureau approved BellSouth's refund plan in the 
Supplemental Add-Back Refund Order, DA 05-2029, released July 15, 2005, 
and directed BellSouth to make refunds as further specified in that 
Order and in the Add-Back Refund Order. The Bureau recognized that, due 
to factors such as bankruptcy, changes in ownership, or simple passage 
of time, some BellSouth customers may no longer be readily 
identifiable. Further, the Bureau did not require BellSouth to identify 
and notify customers that may be due refunds of less than $100. 
Customers that BellSouth cannot identify and customers due refunds of 
less than $100 may, however, obtain refunds through the following 
procedure, as specified in paragraph 22 of the Add-Back Refund Order: 
For at least 60 days after this notice is published in the Federal 
Register, BellSouth must post this notice on its company web sites that 
are most often consulted by its interstate access customers. BellSouth 
must also provide an address to which former access customers may 
submit refund claims by a specified date that is at least 60 days after 
the refund notice is first posted.

Federal Communications Commission.
Thomas J. Navin,
Chief, Wireline Competition Bureau.
[FR Doc. 05-16617 Filed 8-23-05; 8:45 am]
BILLING CODE 6712-01-P