Sec.  69.152   End user common line for price cap local exchange carriers.

   (a) A charge that is expressed in dollars and cents per line per month shall
   be  assessed upon end users that subscribe to local exchange telephone
   service or Centrex service to the extent they do not pay carrier common line
   charges. A charge that is expressed in dollars and cents per line per month
   shall be assessed upon providers of public telephones. Such charge shall be
   assessed  for each line between the premises of an end user, or public
   telephone location, and a Class 5 office that is or may be used for local
   exchange service transmissions.

   (b) [Reserved]

   (c) The charge for each subscriber line associated with a public telephone
   shall be equal to the monthly charge computed in accordance with paragraph
   (k) of this section.

   (d)(1) Beginning July 1, 2000, in a study area that does not have deaveraged
   End User Common Line Charges, the maximum monthly charge for each primary
   residential or single-line business local exchange service subscriber line
   shall be the lesser of:

   (i) The Average Price Cap CMT Revenue per Line month as defined in  Sec. 61.3(d)
   of this chapter; or

   (ii) The following:

   (A) On July 1, 2000, $4.35.

   (B) On July 1, 2001, $5.00.

   (C) On July 1, 2002, $6.00.

   (D) On July 1, 2003, $6.50.

   (2) In the event that GDP-PI exceeds 6.5% or is less than 0%, the maximum
   monthly charge in paragraph (d)(1)(ii) of this section and the cap will be
   adjusted pursuant to  Sec. 61.45(b)(1)(iii) of this chapter.

   (e)(1) Beginning July 1, 2000, in a study area that does not have deaveraged
   End  User  Common  Line  Charges,  the maximum monthly charge for each
   non-primary residential local exchange service subscriber line shall be the
   lesser of:

   (i) $7.00; or

   (ii) The greater of:

   (A) The rate as of June 30, 2000 less reductions needed to ensure over
   recovery of CMT Revenues does not occur; or

   (B) The Average Price Cap CMT Revenue per Line month as defined in  Sec. 61.3(d)
   of this chapter.

   (2) In the event that GDP-PI is greater than 6.5% or is less than 0%, the
   maximum monthly charge in paragraph (e)(1)(i) of this section and the cap
   will be adjusted pursuant to  Sec. 61.45(b)(1)(iii) of this chapter.

   (3) Where the local exchange carrier provides a residential line to another
   carrier so that the other carrier may resell that residential line to a
   residence  that already receives a primary residential line, the local
   exchange carrier may collect the non-primary residential charge described in
   paragraph (e) of this section from the other carrier.

   (f)  The  charge  for  each primary residential local exchange service
   subscriber  line  shall be the same as the charge for each single-line
   business local exchange service subscriber line.

   (g)  A line shall be deemed to be a residential subscriber line if the
   subscriber pays a rate for such line that is described as a residential rate
   in the local exchange service tariff.

   (h) Effective July 1, 1999, only one of the residential subscriber lines a
   price cap local exchange carrier provides to a location shall be deemed to
   be a primary residential line.

   (1) Effective July 1, 1999, for purposes of  Sec. 69.152(h) of this chapter,
   “residential subscriber line” includes residential lines that a price cap
   local exchange carrier provides to a competitive local exchange carrier that
   resells the line and on which the price cap local exchange carrier may
   assess access charges.

   (2) Effective July 1, 1999, if a customer subscribes to residential lines
   from a price cap local exchange carrier and at least one reseller of the
   price cap local exchange carrier's lines, the line sold by the price cap
   local exchange carrier shall be the primary line, except that if a resold
   price cap LEC line is already the primary line, the resold line will remain
   the primary line should a price cap local exchange carrier subsequently sell
   an additional line to that residence.

   (i) A line shall be deemed to be a single-line business subscriber line if
   the subscriber pays a rate that is not described as a residential rate in
   the local exchange service tariff and does not obtain more than one such
   line from a particular telephone company.

   (j) No charge shall be assessed for any WATS access line.

   (k)(1) Beginning on July 1, 2000, for any study area that does not have
   deaveraged End User Common Line charges and in the absence of voluntary
   reductions, the maximum monthly End User Common Line Charge for multi-line
   business lines will be the lesser of:

   (i) $9.20; or

   (ii) The greater of:

   (A) The rate as of June 30, 2000, less reductions needed to ensure over
   recovery of CMT Revenues does not occur; or

   (B) The Average Price Cap CMT Revenue per Line month as defined in  Sec. 61.3(d)
   of this chapter.

   Note to paragraph (k)(1): Except when the local exchange carrier reduces the
   rate through voluntary reductions, the multi-line business End User Common
   Line charge will be frozen until the study area's multi-line business PICC
   and CCL charge are eliminated.

   (2) In the event that GDP-PI is greater than 6.5% or is less than 0%, the
   maximum monthly charge in paragraph (k)(1)(i) of this section and the cap
   will be adjusted pursuant to  Sec. 61.45(b)(1)(iii) of this chapter.

   (l)(1) Beginning January 1, 1998, local exchange carrier shall assess no
   more than one End User Common Line charge as calculated under the applicable
   method  under  paragraph  (e) of this section for Basic Rate Interface
   integrated services digital network (ISDN) service.

   (2) Local exchange carriers shall assess no more than five End User Common
   Line charges as calculated under paragraph (k) of this section for Primary
   Rate Interface ISDN service.

   (m) In the event the local exchange carrier charges less than the maximum
   End User Common Line charge for any subscriber lines, the local exchange
   carrier may not recover the difference between the amount collected and the
   maximum from carrier common line charges or PICCs.

   (n)–(p) [Reserved]

   (q) End User Common Line Charge De-Averaging. Beginning on July 1, 2000,
   local exchange carriers may geographically deaverage End User Common Line
   charges subject to the following conditions:

   (1)  In  order for a price cap local exchange carrier to be allowed to
   de-average End User Common Line charges within a study area, the price cap
   local exchange carrier must have state Commission approved geographically
   deaveraged rates for UNE loops within that study area. Except where a LEC
   geographically deaverages through voluntary reductions, before a price cap
   local exchange carrier may geographically deaverage its End User Common Line
   rates, its Originating and Terminating CCL and Multi-line Business PICC
   rates in that study area must equal $0.00.

   (2) All geographic deaveraging of End User Common Line charges by customer
   class within a study area must be according to the state commission-approved
   UNE loop zone. Solely for the purposes of determining interstate subscriber
   line charges and the interstate access universal service support described
   in  Sec.  Sec. 54.806 and 54.807 of this chapter, a price cap local exchange carrier
   may not have more than four geographic End User Common Line Charge/Universal
   Service zones absent a review by the Commission. Where a price cap local
   exchange  carrier  has  more than four state-created UNE zones and the
   Commission has not approved use of additional zones, the price cap local
   exchange carrier will determine, at its discretion, which state-created UNE
   zones to consolidate so that it has no more than four zones for the purpose
   of determining interstate subscriber line charges and interstate access
   universal service support.

   (3) Within a given zone, Multi-line Business End User Common Line rates
   cannot  fall  below  Primary  Residential  and Single-Line Business or
   Non-Primary Residential End User Common Line charges. Non-Primary End User
   Common Line charges cannot fall below Primary Residential and Single-Line
   Business charges.

   (4) For any given class of customer in any given zone, the Zone deaveraged
   End User Common Line Charge in that zone must be greater than or equal to
   the Zone deaveraged End User Common Line charge in the zone with the next
   lower Zone Average Revenue Per Line.

   (5) The sum of all revenues per month that would be generated from all
   deaveraged End User Common Line charges in all zones within a study area
   plus Interstate Access Universal Service Support per Line month (as defined
   in  Sec. 54.807 of this chapter) for the applicable customer classes and zones
   receiving  such support multiplied by corresponding base period lines,
   divided by the number of base period lines in that study area cannot exceed
   Average Price Cap CMT Revenue per Line month as defined in  Sec. 61.3(d) of this
   chapter for that study area. In addition, the sum of revenues per month that
   would be generated from all deaveraged End User Common Line charges in all
   End User Common Line charge deaveraging zones within a study area plus
   revenues per month from all End User Common Line charge, multi-line business
   PICC and CCL charges from study areas within that study area that have not
   geographically deaveraged End User Common Line charges plus the sum of all
   Interstate Access Universal Service Support per Line month (as defined in
    Sec. 54.807 of this chapter) for the applicable customer classes and zones
   receiving such support, multiplied by the corresponding base period lines
   for the applicable customer classes and zones within the study area, divided
   by the number of total base period lines in the study area cannot exceed
   Average Price Cap CMT Revenue per Line month as defined in  Sec. 61.3(d) of this
   chapter for the study area.

   (6) Maximum charge. The maximum zone deaveraged End User Common Line Charge
   that  may  be  charged  in any zone is the applicable cap specified in
    Sec. 69.152(d)(1),  Sec. 69.152(e)(1)(i) or  Sec. 69.152 (k)(1)(i) Zone Average Revenue
   Per Line is the Average Price Cap CMT Revenue per Line month allocated to a
   particular state-defined zone used for deaveraging of UNE loop prices. The
   zone average revenue per line is computed pursuant to  Sec. 61.3 (zz) of this
   chapter.

   (7) Minimum charge. Except where a local exchange carrier chooses to lower
   the deaveraged End User Common Line charge through voluntary reductions, the
   minimum zone deaveraged End User Common Line charge in any zone in a study
   area is at least the Minimum End User Common Line charge. Minimum End User
   Common Line charge is Zone Average Revenue Per Line for the zone with the
   lowest Zone Average Revenue Per Line in that study area plus an amount per
   line  calculated  to  recover the difference between Interstate Access
   Universal Service Support Per Line (as defined in  Sec. 54.807 of this chapter)
   multiplied by base period lines for the applicable customer class and zones
   receiving such support and Study Area Above Benchmark Revenues, first from
   Zone 1 until the End User Common Line charges in Zone 1 equal the End User
   Common Line charges in Zone 2, and then from lines in Zones 1 and 2 equally
   until the End User Common Line charges in those Zones reach Zone 3 (with all
   End User Common Line charges subject to the applicable residential and
   multi-line business lines nominal caps).

   (i) For the purposes of this part, “Study Area Above Benchmark Revenues” is
   the sum of all Zone Above Benchmark Revenues.

   (ii) For the purposes of this part, “Zone Above Benchmark Revenues” is
   calculated as follows:

   Zone Above Benchmark Revenues is the sum of Zone Above Benchmark Revenues
   for Residential and Single-line Business lines and Zone Above Benchmark
   Revenues for Multi-line Business lines. Zone Above Benchmark Revenues for
   Residential and Single-line Business lines is, within each zone, (Zone
   Average  Revenue  Per  Line  minus  $7.00)  multiplied by all eligible
   telecommunications carrier Base Period Residential and Single-line Business
   lines  times  12.  If  negative, the Zone Above Benchmark Revenues for
   Residential and Single-line Business lines for the zone is zero. Zone Above
   Benchmark Revenues for Multi-line Business lines is, within each zone,

   (Zone Average Revenue Per Line minus $9.20) multiplied by all eligible
   telecommunications carrier zone Base Period Multi-line Business lines times
   12. If negative, the Zone Above Benchmark Revenues for Multi-line Business
   lines for the zone is zero.

   (8) Voluntary Reductions. A “Voluntary Reduction” is one in which the local
   exchange carrier reduces prices other than through offset of net increases
   in End User Common Line charge revenues or Interstate Access Universal
   Service support received pursuant to  Sec. 54.807 of this chapter, or through
   increases in other zone deaveraged End User Common Line charges.

   [ 65 FR 38701 , June 21, 2000;  65 FR 57744 , Sept. 26, 2000]