1、7 Federal Communications Commission 43.01 service information only about its international common carrier service offerings and only for those routes on which the CMRS provider is classified as dominant under 63.10 of this Chap-ter due to an affiliation with a foreign carrier that collects settlemen
2、t pay-ments from U.S. carriers for termi-nating U.S. international switched traffic at the foreign end of the route. Such a CMRS provider is not required to maintain its price and service infor-mation, however, on any such affiliated route if it provides service on that route solely through the resa
3、le of an unaffiliated facilities-based providers international switched services. The price and service information main-tained for purposes of this paragraph shall include documents supporting the rates, terms, and conditions of the car-riers international and interstate, do-mestic, interexchange o
4、fferings. The information maintained pursuant to this section shall be maintained in a manner that allows the carrier to produce such records within ten busi-ness days. For purposes of this para-graph, affiliated and foreign carrier are defined in 63.09 of this chapter. (b) The price and service inf
5、ormation 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 serv-ices pursuant to such rates, terms and conditions. 61 FR 59366, Nov. 22, 1996, as amended at 62 FR 59604, Nov. 4, 1997; 64 FR 19725,
6、Apr. 22, 1999; 66 FR 16879, Mar. 28, 2001 PART 43REPORTS OF COMMU-NICATION COMMON CARRIERS AND CERTAIN AFFILIATES Sec. 43.01 Applicability. 43.11 Reports of local exchange competition data. 43.21 Transactions with affiliates. 43.41 Reserved 43.43 Reports of proposed changes in depre-ciation rates. 4
7、3.51 Contracts and concessions. 43.53 Reports regarding division of inter-national toll communication charges. 43.61 Reports of international telecommuni-cations traffic. 43.72 Reserved 43.82 International circuit status reports. AUTHORITY: 47 U.S.C. 154; Telecommuni-cations Act of 1996, Pub. L. 104
8、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. 43.01 Applicability. (a) The sections in this part include requirements which have been promul-gated under authority of
9、 sections 211 and 219 of the Communications Act of 1934, as amended, with respect to the filing by communication common car-riers and certain of their affiliates of periodic reports and certain other data, but do not include certain require-ments relating to the filing of informa-tion with respect t
10、o specific services, accounting systems and other matters incorporated in other parts of this chapter. (b) Except as provided in paragraphs (c) and (d) of this section, carriers be-coming subject to the provisions of the several sections of this part for the first time, shall, within thirty (30) day
11、s of becoming subject, file the required data as set forth in the various sec-tions of this part. (c) Carriers becoming subject to the provisions of 43.21 and 43.43 for the first time, because their annual oper-ating revenues equal or exceed the in-dexed revenue threshold for a given year, shall beg
12、in collecting data pursu-ant to such provisions in the calendar year following the publication of that indexed revenue threshold in the FED-ERAL REGISTER. With respect to such initial filing of reports by any carrier, pursuant to the provisions of 43.21 (d), (e), (f), (g), (h), (i), (j), and (k), th
13、e car-rier is to begin filing data for the cal-endar year following the publication of that indexed revenue threshold in the FEDERAL REGISTER by April 1 of the second calendar year following publica-tion of that indexed revenue threshold in the FEDERAL REGISTER. (d) Common carriers subject to the pr
14、ovisions of 43.11 shall file data semi- annually. Reports shall be filed each year on or before March 1st (reporting data about their deployment of local exchange services as of December 31 of the prior year) and September 1st (re-porting data about their deployment of VerDate Mar2010 13:48 Nov 09,
15、2010 Jkt 220202 PO 00000 Frm 00017 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-8 47 CFR Ch. I (10110 Edition) 43.11 local exchange services as of June 31 of the current yea
16、r). Common carriers be-coming subject to the provisions of 43.11 for the first time within a cal-endar year shall file data for the re-porting period in which they become eligible and semi-annually thereafter. Common carriers subject to the provi-sions of 43.11 shall make an initial fil-ing of the F
17、CC Form 477 on May 15, 2000 (reporting data about their deployment of local exchange services as of Decem-ber 31, 1999). 28 FR 13214, Dec. 5, 1963, as amended at 62 FR 39778, July 24, 1997; 65 FR 19685, Apr. 12, 2000 43.11 Reports of local exchange com-petition data (a) All common carriers and their
18、 af-filiates (as defined in 47 U.S.C. 153(1) providing telephone exchange or ex-change access service (as defined in 47 U.S.C. 153(16) and (47), commercial mo-bile radio service (CMRS) providers of-fering mobile telephony (as defined in 20.15(b)(1) of this chapter), and Inter-connected Voice over IP
19、 service pro-viders (as defined in 9.3 of this chap-ter), shall file with the Commission a completed FCC Form 477, in accord-ance with the Commissions rules and the instructions to the FCC Form 477, for each state in which they provide service. (b) Respondents identified in para-graph (a) of this se
20、ction shall include in each report a certification signed by an appropriate official of the respond-ent (as specified in the instructions to FCC Form 477). (c) Respondents may make requests for Commission non-disclosure of pro-vider-specific data contained in the Form 477 under 0.459 of this chapter
21、 by so indicating on the Form 477 at the time that the subject data are sub-mitted. The Commission shall make all decisions regarding non-disclosure of provider-specific information, except that the Chief of the Wireline Competi-tion Bureau may release provider-spe-cific information to a state commi
22、s-sion, provided that the state commis-sion has protections in place that would preclude disclosure of any con-fidential information. (d) Respondents identified in para-graph (b) of this section shall file a re-vised version of FCC Form 477 if and when they discover a significant error in their file
23、d FCC Form 477. For counts, a difference amounting to 5 percent of the filed number is consid-ered significant. For percentages, a dif-ference of 5 percentage points is con-sidered significant. (e) Failure to file FCC Form 477 in accordance with the Commissions rules and the instructions to Form 477
24、 may lead to enforcement action pursu-ant to the Act and any other applicable law. 65 FR 19685, Apr. 12, 2000, as amended at 69 FR 77938, Dec. 29, 2004; 73 FR 37881, July 2, 2008 EFFECTIVE DATE NOTE: At 73 FR 37881, July 2, 2008, 43.11 was amended by revising para-graphs (a), (b), and (c). This sect
25、ion contains information collection and recordkeeping re-quirements and will not become effective until approval has been given by the Office of Management and Budget. 43.21 Transactions with affiliates. (a) Communication common carriers having annual operating revenues in excess of the indexed reve
26、nue thresh-old, as defined in 32.9000, and certain companies (as indicated in paragraph (b) of this section) directly or indi-rectly controlling such carriers shall file with the Commission annual re-ports or an annual letter as provided in this section. Except as provided in paragraph (b) of this s
27、ection, each an-nual report required by this section shall be filed no later than April 1 of each year, covering the preceding cal-endar year. It shall be filed on the ap-propriate report form prescribed by the Commission (see 1.785 of this chapter) and shall contain full and specific an-swers to al
28、l 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 an
29、-nual 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 in-spection. VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 PO 00000 Frm 00018 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PROD with
30、 CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-9 Federal Communications Commission 43.21 (b) Each company, not itself a com-munication common carrier, that di-rectly or indirectly controls any com-munication common carrier that has annual operat
31、ing revenues equal to or above the indexed revenue threshold, as defined in 32.9000, shall file annu-ally with the Commission, not later than the date prescribed by the Securi-ties and Exchange Commission for its purposes, two complete copies of any annual report Forms 10K (or any su-perseding form)
32、 filed with that Com-mission. (c) Each miscellaneous common car-rier (as defined by 21.2 of this chapter) with operating revenues for a calendar year in excess of the indexed revenue threshold, as defined in 32.9000, shall file with the Common Carrier Bureau Chief a letter showing its operating reve
33、nues 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 fol-lowing year. Those miscellaneous com-mon carriers with annual operating revenues that equal or surpass the in-dexed revenue threshold for the first t
34、ime may file the letter up to one month after publication of the adjusted revenue threshold in the FEDERAL REG-ISTER, but in no event shall such car-riers be required to file the letter prior to April 1. (d) Each communications common carrier required by order to file a man-ual allocating its costs
35、between regu-lated 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 in-vestment pool projections and alloca-tions for the current calendar
36、 year; and (2) A report of the actual use of net-work plant investment for the prior calendar year. (e) Each incumbent local exchange carrier, except mid-sized incumbent local exchange carriers, as defined by 32.9000 with annual operating reve-nues equal to or above the indexed rev-enue threshold sh
37、all file, no later than April 1 of each year: (1) Its revenues, expenses and invest-ment 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
38、accounts which are related to the carriers 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 incumbent local exchange carrier with operating revenues for the preceding y
39、ear 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 deprecia-tion reserves, and other such data as are required by the Commission,
40、on computer media prescribed by the Commission. The total operating re-sults shall be allocated between regu-lated and nonregulated operations, and the regulated data shall be further di-vided into the following categories: State and interstate, and the inter-state will be further divided into com-m
41、on line, traffic sensitive access, spe-cial access, and nonaccess. (g) Each incumbent local exchange carrier for whom price cap regulation is mandatory and every incumbent local exchange carrier that elects to be covered by the price cap rules shall file, by April 1 of each year, a report designed t
42、o 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 Wireline Competition Bureau, from the previous calendar year on a study area basis. (h) Each incumbent local exchange carrier for whom pric
43、e cap 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 con-tain data relative to customer meas-ures of service quality, as defined by the Wireline Competition Bureau, from the previous cal
44、endar year a study area basis. (i) Each incumbent local exchange carrier for whom price regulation is mandatory shall file, by April 1 of each year, a report containing data from the VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 PO 00000 Frm 00019 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on D
45、SK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-10 47 CFR Ch. I (10110 Edition) 43.41 previous calendar year on a study area basis that are designed to capture trends in telephone industry infra-structure development under price
46、 cap regulation. (j) Each incumbent local exchange carrier with annual operating revenues that equal or exceed the indexed rev-enue threshold shall file, no later than April 1 of each year, a report con-taining data from the previous cal-endar year on an operating company basis. Such report shall co
47、mbine statis-tical data designed to monitor network growth, usage, and reliability. (k) Each designated interstate car-rier 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 previ
48、ous calendar year its revenues, expenses, taxes, plant in service, other investments and depre-ciation reserves, and such other data as are required by the Commission, on computer media prescribed by the Commission. The total operating re-sults shall be allocated between regu-lated and nonregulated
49、operations, and the regulated data shall be further di-vided into the following categories: State and interstate, and the inter-state will be further divided into com-mon line, traffic sensitive access, spe-cial 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
