Sec. 69.115  Special access surcharges.

    (a) Pending the development of techniques accurately to measure 
usage of exchange facilities that are interconnected by users with means 
of interstate or foreign telecommunications, a surcharge that is 
expressed in dollars and cents per line termination per month shall be 
assessed upon users that subscribe to private line services or WATS 
services that are not exempt from assessment pursuant to paragraph (e) 
of this section.
    (b) Such surcharge shall be computed to reflect a reasonable 
approximation of the carrier usage charges which, assuming non-premium 
interconnection, would have been paid for average interstate or foreign 
usage of common lines, end office facilities, and transport facilities, 
attributable to each Special Access line termination which is not exempt 
from assessment pursuant to paragraph (e) of this section.
    (c) If the association, carrier or carriers that file the tariff are 
unable to estimate such average usage for a period ending May 31, 1985, 
the surcharge for such period shall be twenty-five dollars ($25) per 
line termination per month.
    (d) A telephone company may propose reasonable and nondiscriminatory 
end user surcharges, to be filed in its federal access tariffs and to be 
applied to the use of exchange facilities which are interconected by 
users with means of interstate or foreign telecommunication which are 
not provided by the telephone company, and which are not exempt from 
assessment pursuant to paragraph (e) of this section. Telephone 
companies which wish to avail themselves of this option must undertake 
to use reasonable efforts to identify such means of interstate or 
foreign telecommunication, and to assess end user surcharges in a 
reasonable and nondiscriminatory manner.
    (e) No special access surcharges shall be assessed for any of the 
following terminations:
    (1) The open end termination in a telephone company switch of an FX 
line, including CCSA and CCSA-equivalent ONALs;
    (2) Any termination of an analog channel that is used for radio or 
television program transmission;
    (3) Any termination of a line that is used for telex service;
    (4) Any termination of a line that by nature of its operating 
characteristics could not make use of common lines; and
    (5) Any termination of a line that is subject to carrier usage 
charges pursuant to Sec. 69.5.
    (6) Any termination of a line that the customer certifies to the 
exchange carrier is not connected to a PBX or other device capable of 
interconnecting a local exchange subscriber line with the private line 
or WATS access line.

(47 U.S.C. 154 (i) and (j), 201, 202, 203, 205, 218 and 403 and 5 U.S.C. 
)

[48 553 FR 43019 , Sept. 21, 1983, as amended at  49 FR 7829 , Mar. 2, 1984;  51 FR 10841 , Mar. 31, 1986;  52 FR 8259 , Mar. 17, 1987]