Sec.  69.105   Carrier common line for non-price cap local exchange carriers.

   (a) This section is applicable only to local exchange carriers that are not
   subject to price cap regulation as that term is defined in  Sec. 61.3(ee) of this
   chapter. Until June 30, 2003, a charge that is expressed in dollars and
   cents  per  line  per  access minute of use shall be assessed upon all
   interexchange carriers that use local exchange common line facilities for
   the provision of interstate or foreign telecommunications services, except
   that the charge shall not be assessed upon interexchange carriers to the
   extent they resell MTS or MTS-type services of other common carriers (OCCs).

   (b)(1) For purposes of this section and  Sec. 69.113:

   (i) A carrier or other person shall be deemed to receive premium access if
   access is provided through a local exchange switch that has the capability
   to provide access for an MTS-WATS equivalent service that is substantially
   equivalent  to the access provided for MTS or WATS, except that access
   provided  for  an  MTS-WATS  equivalent service that does not use such
   capability shall not be deemed to be premium access until six months after
   the carrier that provides such MTS-WATS equivalent service receives actual
   notice that such equivalent access is or will be available at such switch;

   (ii) The term open end of a call describes the origination or termination of
   a call that utilizes exchange carrier common line plant (a call can have no,
   one, or two open ends); and

   (iii) All open end minutes on calls with one open end (e.g., an 800 or FX
   call) shall be treated as terminating minutes.

   (2) For association Carrier Common Line tariff participants:

   (i) The premium originating Carrier Common Line charge shall be one cent per
   minute, except as described in  Sec. 69.105(b)(3), and

   (ii) The premium terminating Carrier Common Line charge shall be computed as
   follows:

   (A) For each telephone company subject to price cap regulation, multiply the
   company's proposed premium originating rate by a number equal to the sum of
   the premium originating base period minutes and a number equal to 0.45
   multiplied  by the non-premium originating base period minutes of that
   telephone company;

   (B) For each telephone company subject to price cap regulation, multiply the
   company's proposed premium terminating rate by a number equal to the sum of
   the premium terminating base period minutes and a number equal to 0.45
   multiplied  by the non-premium terminating base period minutes of that
   telephone company;

   (C) Sum the numbers computed in paragraphs (b)(2)(ii) (A) and (B) of this
   section for all companies subject to price cap regulation;

   (D) From the number computed in paragraph (b)(2)(ii)(C) of this section,
   subtract a number equal to one cent times the sum of the premium originating
   base period minutes and a number equal to 0.45 multiplied by the non-premium
   originating base period minutes of all telephone companies subject to price
   cap regulation, and;

   (E) Divide the number computed in paragraph (b)(2)(ii)(D) of this section by
   the sum of the premium terminating base period minutes and a number equal to
   0.45 multiplied by the non-premium terminating base period minutes of all
   telephone companies subject to price cap regulation.

   (3) If the calculations described in  Sec. 69.105(b)(2) result in a per minute
   charge on premium terminating minutes that is less than once cent, both the
   originating and terminating premium charges for the association CCL tariff
   participants shall be computed by dividing the number computed in paragraph
   (b)(2)(ii)(C) of this section by a number equal to the sum of the premium
   originating and terminating base period minutes and a number equal to 0.45
   multiplied by the sum of the non-premium originating and terminating base
   period minutes of all telephone companies subject to price cap regulation.

   (4) The Carrier Common Line charges of telephone companies that are not
   association Carrier Common Line tariff participants shall be computed at the
   level of Carrier Common Line access element aggregation selected by such
   telephone companies pursuant to  Sec. 69.3(e)(7). For each such Carrier Common
   Line access element tariff—

   (i) The premium originating Carrier Common Line charge shall be one cent per
   minute, and

   (ii) The premium terminating Carrier Common Line charge shall be computed by
   subtracting the projected revenues generated by the originating Carrier
   Common Line charges (both premium and non-premium) from the Carrier Common
   Line revenue requirement for the companies participating in that tariff, and
   dividing the remainder by the sum of the projected premium terminating
   minutes and a number equal to .45 multiplied by the projected non-premium
   terminating minutes for such companies.

   (5) If the calculations described in  Sec. 69.105(b)(4) result in a per minute
   charge on premium terminating minutes that is less than one cent, both the
   originating and terminating premium charges for the companies participating
   in  said  Carrier Common Line tariff shall be computed by dividing the
   projected Carrier Common Line revenue requirement for such companies by the
   sum of the projected premium minutes and a number equal to .45 multiplied by
   the projected non-premium minutes for such companies.

   (6) Telephone companies that are not association Carrier Common Line tariff
   participants shall submit to the Commission and to the association whatever
   data the Commission shall determine are necessary to calculate the charges
   described in this section.

   (c) Any interexchange carrier shall receive a credit for Carrier Common Line
   charges to the extent that it resells services for which these charges have
   already  been  assessed (e.g., MTS or MTS-type service of other common
   carriers).

   (d) From July 1, 2002, to June 30, 2003, the carrier common line charge
   calculations pursuant to this section shall be limited to an amount equal to
   the  number  of  projected  residential and single-line business lines
   multiplied  by  the difference between the residential and single-line
   business  End User Common Line rate cap and the lesser of $6.50 or the
   non-price cap local exchange carrier's average cost per line.

   [ 51 FR 10841 , Mar. 31, 1986, as amended at  52 FR 21541 , June 8, 1987;  54 FR 6293 , Feb. 9, 1989;  55 FR 42386 , Oct. 19, 1990;  56 FR 21618 , May 10, 1991;
    62 FR 31933 , June 11, 1997;  66 FR 59731 , Nov. 30, 2001]