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]