1、186 47 CFR Ch. I (10110 Edition) 59.4 planned deployment of telecommuni-cations services and equipment, includ-ing any software or upgrades of soft-ware integral to the use or operation of such telecommunications equipment. 59.4 Definition of qualifying car-rier. For purposes of this part, the term
2、qualifying carrier means a tele-communications 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
3、carrier has been designated as an eligible telecommunications carrier under section 214(e) of 47 U.S.C. PART 61TARIFFS Subpart AGeneral Sec. 61.1 Purpose and application. 61.2 General tariff requirements. 61.3 Definitions. 61.1161.12 Reserved Subpart BRules for Electronic Filing 61.13 Scope. 61.14 M
4、ethod of filing publications. 61.15 Letters of transmittal and cover let-ters. 61.16 Base documents. 61.17 Method of filing applications for spe-cial permission. Subpart CGeneral Rules for Nondominant Carriers 61.18 Scope. 61.19 Detariffing of international and inter-state, domestic interexchange se
5、rvices. 61.20 Method of filing publications. 61.21 Cover letters. 61.22 Composition of tariffs. 61.23 Notice requirements. 61.25 References to other instruments. 61.26 Tariffing of competitive interstate switched exchange access services. Subpart DGeneral Tariff Rules for International Dominant Carr
6、iers 61.28 International dominant carrier tariff filing requirements. Subpart EGeneral Rules for Dominant Carriers 61.31 Scope. 61.32 Method of filing publications. 61.33 Letters of transmittal. 61.38 Supporting information to be sub-mitted with letters of transmittal. 61.39 Optional supporting info
7、rmation 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 69.602. 61.40 Private line rate structure guidelines. 61
8、.41 Price cap requirements generally. 61.42 Price cap baskets and service cat-egories. 61.43 Annual price cap filings required. 61.44 Reserved 61.45 Adjustments to the PCI for Local Ex-change Carriers. 61.46 Adjustments to the API. 61.47 Adjustments to the SBI; pricing bands. 61.48 Transition rules
9、for price cap formula calculations. 61.49 Supporting information to be sub-mitted with letters of transmittal for tariffs of carriers subject to price cap regulation. 61.5061.51 Reserved 61.52 Form, size, type, legibility, etc. 61.54 Composition of tariffs. 61.55 Contract-based tariffs. 61.58 Notice
10、 requirements. 61.59 Effective period required before changes. Subpart FSpecific Rules for Tariff Publica-tions of Dominant and Nondominant Carriers 61.66 Scope. 61.68 Special notations. 61.69 Rejection. 61.72 Public information requirements. 61.73 Duplication of rates or regulations. 61.74 Referenc
11、es to other instruments. 61.83 Consecutive numbering. 61.86 Supplements. 61.87 Cancellation of tariffs. Subpart GConcurrences 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 Re
12、vocation of concurrences. Subpart HApplications for Special Permission 61.151 Scope. 61.152 Terms of applications and grants. VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 PO 00000 Frm 00196 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo rep
13、roduction or networking permitted without license from IHS-,-,-187 Federal Communications Commission 61.3 61.153 Method of filing applications. Subpart IAdoption of Tariffs and Other Documents of Predecessor Carriers 61.171 Adoption notice. 61.172 Changes to be incorporated in tariffs of successor c
14、arrier. Subpart JSuspensions 61.191 Carrier to file supplement when noti-fied of suspension. 61.192 Contents of supplement announcing suspension. 61.193 Vacation of suspension order; supple-ments announcing same; etc. AUTHORITY: Secs. 1, 4(i), 4(j), 201205 and 403 of the Communications Act of 1934,
15、as amended; 47 U.S.C. 151, 154(i), 154(j), 201205 and 403, unless otherwise noted. SOURCE: 49 FR 40869, Oct. 18, 1984, unless otherwise noted. Subpart AGeneral 61.1 Purpose and application. (a) The purpose of this part is to pre-scribe the framework for the initial es-tablishment of and subsequent r
16、evi-sions to tariff publications. (b) Tariff publications filed with the Commission must conform to the rules in this part and with Commission rules regarding the payment of statutory charges (see subpart G of part 1 of this title) and the use of FCC Registration Numbers (FRNs) (see subpart W of par
17、t 1 of this title). Failure to comply with any provisions of these rules may be grounds for rejection of the non-com-plying publication, a determination that it is unlawful or other action. Where an FRN has been omitted from a cover letter or transmittal accom-panying a tariff publication filed unde
18、r this part or the FRN included in that letter is invalid, the submitting carrier or carrier representative shall have ten (10) business days from the date of fil-ing to amend the cover letter or trans-mittal to include a valid FRN. If with-in that ten (10) business day period, the carrier or carrie
19、r representative amends the cover letter or transmittal to include a valid FRN, that FRN shall be deemed to have been included in the letter as of its original filing date. If, after the expiration of the ten (10) busi-ness day period, the cover letter or transmittal has not been amended to include
20、a valid FRN, the related tariff publication may be rejected if it has not yet become effective, declared un-lawful if it has become effective, or subject to other action. (c) No carrier required to file tariffs may provide any interstate or foreign communication service until every tar-iff publicati
21、on for such communication service is on file with the Commission and in effect. 49 FR 40869, Oct. 18, 1984, as amended at 66 FR 47896, Sept. 14, 2001 61.2 General tariff requirements. (a) In order to remove all doubt as to their proper application, all tariff pub-lications must contain clear and ex-
22、plicit explanatory statements regard-ing the rates and regulations. (b) Tariff publications must be deliv-ered to the Commission free from all charges, including claims of postage. (c) Tariff publications will not be re-turned. 64 FR 46586, Aug. 26, 1999 61.3 Definitions. (a) Act. The Communications
23、 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 cal-culated pursunt to 61.46. (c) Association. This term has the meaning given it in 69.2(d). (d) Average Price Cap CMT Reven
24、ue per Line month. (1) Price Cap CMT Rev-enue (as defined in 61.3(cc) per month as of July 1, 2000 (adjusted to remove Universal Service Contributions as-sessed to local exchange carriers pursu-ant to 54.702 of this chapter) using 2000 annual filing base period demand, di-vided by the 2000 annual fi
25、ling base pe-riod demand. In filing entities with multiple study areas, if it becomes nec-essary to calculate the Average Price Cap CMT Revenue per Line month for a specific study area, then the Average Price Cap CMT Revenue per Line month for that study area is deter-mined as follows, using base pe
26、riod de-mand revenues (adjusted to remove Universal Service Contributions as-sessed to Local Exchange Carriers pur-suant to 54.702 of this chapter), Base VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 PO 00000 Frm 00197 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PROD with CFRProvide
27、d by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-188 47 CFR Ch. I (10110 Edition) 61.3 Factor Portion (BFP) and 2000 annual filing base period lines: Average Price Cap CMT Revenue per Line Month in a study area = Price Cap CMT Revenue (BFP in the study area
28、(BFP in the Filing Entity) (Lines in the study area. (2) Nothing in this definition pre-cludes a price cap local exchange car-rier from continuing to average rates across filing entities containing mul-tiple study areas, where permitted under existing rules. (3) Average Price Cap CMT Revenues per Li
29、ne month may be adjusted after July 1, 2000 to reflect exogenous costs pursuant to 61.45(d). (4) Average Price Cap CMT Revenues per Line month may also be adjusted pursuant to 61.45 (b)(1)(iii). (e) Average Traffic Sensitive Charge. (1) The Average Traffic Sensitive Charge (ATS charge) is the sum of
30、 the fol-lowing two components: (i) The Local Switching (LS) compo-nent. The LS component will be cal-culated by dividing the proposed LS revenues (End Office Switch, LS trunk ports, Information Surcharge, and sig-nalling transfer point (STP) port) by the base period LS minutes of use (MOUs); and (i
31、i) The Transport component. The Transport component will be cal-culated by dividing the proposed Trans-port revenues (Switched Direct Trunk Transport, Signalling for Switched Di-rect Trunk Transport, Entrance Facili-ties for Switched Access traffic, Tan-dem Switched Transport, Signalling for Tandem
32、Switching and residual per minute Transport Interconnection Charge (TIC) pursuant to 69.155 of this chapter) by price cap local exchange carrier only base period MOUs (includ-ing meet-point billing arrangements for jointly-provided interstate access by a price cap local exchange carrier and any othe
33、r local exchange carrier). (2) For the purposes of determining whether the ATS charge has reached the Target Rate as set forth in 61.3(qq), the calculations should in-clude all the relevant revenues and minutes for services provided under generally available price cap tariffs. (f) Band. A zone of pr
34、icing flexibility for a service category, which zone is calculated pursuant to 61.47. (g) Base period. For carriers subject to 61.41 through 61.49, the 12-month period ending six months prior to the effective date of annual price cap tar-iffs. Base year or base period earnings shall exclude amounts
35、associated with exogenous adjustments to the PCI for the lower formula adjustment mecha-nism permitted by 61.45(d)(1)(vii). (h) Basket. Any class or category of tariffed service or charge: (1) Which is established by the Com-mission pursuant to price cap regula-tion; (2) The rates of which are refle
36、cted in an Actual Price Index; and (3) The related revenues of which are reflected in a Price Cap Index. (i) Change in rate structure. A restruc-turing or other alteration of the rate components for an existing service. (j) Charges. The price for service based on tariffed rates. (k) Commercial contr
37、actor. The com-mercial firm to whom the Commission annually awards a contract to make copies of Commission records for sale to the public. (l) Commission. The Federal Commu-nications Commission. (m) Concurring carrier. A carrier (other than a connecting carrier) sub-ject to the Act which concurs in
38、and assents to schedules of rates and regu-lations filed on its behalf by an issuing carrier or carriers. (n) Connecting carrier. A carrier en-gaged in interstate or foreign commu-nication solely through physical con-nection with the facilities of another carrier not directly or indirectly con-troll
39、ing or controlled by, or under di-rect or indirect common control with, such carrier. (o) Contract-based tariff. A tariff based on a service contract entered into be-tween a non-dominant carrier and a customer, or between a customer and a price cap local exchange carrier which has obtained permissio
40、n to offer con-tract-based tariff services pursuant to part 69, subpart H, of this chapter. (p) Corrections. The remedy of errors in typing, spelling, or punctuation. (q) Dominant carrier. A carrier found by the Commission to have market power (i.e., power to control prices). (r) GDP Price Index (GD
41、P-PI). The es-timate of the Chain-Type Price Index VerDate Mar2010 13:48 Nov 09, 2010 Jkt 220202 PO 00000 Frm 00198 Fmt 8010 Sfmt 8010 Y:SGML220202.XXX 220202erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-189 Federal
42、Communications Commission 61.3 for Gross Domestic Product published by the United States Department of Commerce, which the Commission des-ignates by Order. (s) GNP Price Index (GNP-PI). The es-timate of the Fixed-Weighted Price Index for Gross National Product, 1982 Weights published by the United S
43、tates Department of Commerce, which the Commission designates by Order. (t) Issuing carrier. A carrier subject to the Act that publishes and files a tariff or tariffs with the Commission. (u) Line month. Line demand per month multiplied by twelve. (v) Local exchange carrier. Any person that is engag
44、ed in the provision of tele-phone exchange service or exchange ac-cess as defined in section 3(26) of the Act. (w) Mid-size company. All price cap local exchange carriers other than the Regional Bell Operating Companies and GTE. (x) New service offering. A tariff filing that provides for a class or
45、sub-class of service not previously offered by the carrier involved and that enlarges the range of service options available to ratepayers. (y) Non-dominant carrier. A carrier not found to be dominant. The non-dominant status of providers of inter-national interexchange services for purposes of this
46、 subpart is not affected by a carriers classification as domi-nant under 63.10 of this chapter. (aa) Price Cap Local Exchange Carrier. A local exchange carrier subject to reg-ulation pursuant to 61.41 through 61.49. (bb) Pooled Local Switching Revenue. For certain qualified companies as set forth in
47、 61.48 (m), is the amount of ad-ditional local switching reductions in the July 2000 Annual filing allowed to be moved and recovered in the CMT basket. (cc) Price Cap CMT Revenue. The max-imum total revenue a filing entity would be permitted to receive from End User Common Line charges under 69.152
48、of this chapter, Presubscribed Interexchange Carrier charges (PICCs) under 69.153 of this chapter, Carrier Common Line charges under 69.154 of this chapter, and Marketing under 69.156 of this chapter, using Base Pe-riod lines. Price Cap CMT Revenue does not include the price cap local ex-change carr
49、ier universal service con-tributions as of July 1, 2000. The Price Cap CMT revenue does not include the pooled local switching revenue out-lined in paragraph (bb) of this section. (dd) Price Cap Index (PCI). An index of prices applying to each basket of serv-ices of each carrier subject to price cap regulation, and calculated pursuant to 61.45. (ee) Price cap regulation. A method of regulation of dominant carriers pr
