FCC Web Documents citing 65.701

as compiled by hallikainen.com/FccRules on 2012 06 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.pdf
  • because they are excluded from the total revenue figure as well. Third, Farmers gets little mileage from its contention that Qwest's calculations ought to include potential under-earnings that Farmers allegedly experienced while in the NECA pool. Farmers' earnings during the Complaint Period are subject to company-specific review. Because section 61.39 carriers are exempt from the monitoring period requirements of section 65.701 of the Commission's rules, we find that the two year period that Farmers was out of the NECA traffic-sensitive pool is a reasonable time frame over which to measure and evaluate Farmers' earnings. Finally, the rates that Qwest charges for its conference calling services simply are not relevant to determinations of whether rates for Farmers' access service - an entirely
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3020A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3020A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3020A1.txt
  • earnings of rate-of-return LECs, while protecting customers against unreasonably high rates and helping define overearnings. Amendment of Parts 65 and 69 of the Commission's Rules to Reform the Interstate Rate of Return Represcription and Enforcement Process, CC Docket No. 92-133, Report and Order, 10 FCC Rcd 6788, 6851, para. 143 (1995). See, e.g., 47 C.F.R. §§ 61.38-39. 47 C.F.R. § 65.701. Monitoring periods reflect calendar years, while tariffs are filed for one- or two-year periods beginning July 1. Compare 47 C.F.R. § 69.3(a) with § 65.701. 47 C.F.R. § 69.3(b). See, e.g., MCI v. FCC, 59 F.3d 1407, 1415 (D.C. Cir. 1995) (MCI v. FCC); Virgin Islands v. FCC, 989 F.2d 1231, 1238-39 (D.C. Cir. 1993); Amendment of Part 65, Interstate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266206A1.pdf
  • of the duty to charge only "just and reasonable" rates and give rise to liability for "overearnings." Id. at 1414. Carriers regulated in this manner continue to file tariffs reflecting their actual charges. But they also file "monitoring reports" indicating their rates of return for a given period. The Commission evaluates rates of return over two-year periods. 47 C.F.R. § 65.701. The long review period "allows the Commission to monitor interstate access rates while still providing carriers an opportunity to respond to changing market conditions with mid-course rate revisions." Virgin Islands Tel. Corp. v. FCC, 989 F.2d 1231, 1237 (D.C. Cir. 1993) ("Vitelco"). Carriers therefore file both "interim monitoring reports" indicating any necessary adjustments during the monitoring period and "final monitoring
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-32A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-32A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-32A1.txt
  • traffic as intrastate and counted intraoffice calls as two DEMs. . .''). Answer of Defendants Alaska Communications Systems Holdings, Inc. and ACS of Anchorage, Inc., File No. EB-00-MD-016 (September 13, 2000) (``Answer''), at Exhibit 2. ATU, like other rate-of-return carriers, is required to file a preliminary monitoring report each year of the two-year monitoring period. See 47 C.F.R. §§ 65.600, 65.701. The final monitoring report, which includes any required adjustments to the preliminary reports, must be filed by September 30 of the year following the conclusion of the monitoring period. 46 C.F.R. § 65.600. Answer at Exhibit 2. Complaint at Exhibit 4. Id. at Description and Justification, Section 4 at 14. See ATU Reply Br. at 12, n.11 (``the 1997 and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-195A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-195A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-195A1.txt
  • science, and that the overarching goal of rate-of-return regulation is to ensure that rates fall within a zone of reasonableness. Consequently, ``[t]o alleviate some of the imprecision inherent in the prescribed rate-of-return methodology, . . . the Commission employs what it deems a `long evaluation period' allowing short term earnings `peaks' and `valleys' to offset each other.'' In particular, rule 65.701 provides, in pertinent part, that ``interstate earnings shall be measured over a two year period to determine compliance with the maximum allowable rate of return.'' This two-year period allows a carrier time to minimize or eliminate overearnings that might otherwise result from cost and demand projections that prove to be inaccurate. Specifically, if the rates that a carrier files at
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-277A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-277A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-277A1.txt
  • earnings of rate-of-return LECs, while protecting customers against unreasonably high rates and helping define overearnings. Amendment of Parts 65 and 69 of the Commission's Rules to Reform the Interstate Rate of Return Represcription and Enforcement Process, CC Docket No. 92-133, Report and Order, 10 FCC Rcd 6788, 6851, para. 143 (1995). See, e.g., 47 C.F.R. §§ 61.38-39. 47 C.F.R. § 65.701. Monitoring periods reflect calendar years, while tariffs are filed for one- or two-year periods beginning July 1. Compare 47 C.F.R. § 69.3(a) with § 65.701. 47 C.F.R. § 69.3(b). See, e.g., MCI v. FCC, 59 F.3d 1407, 1415 (D.C. Cir. 1995) (MCI v. FCC); Virgin Islands v. FCC, 989 F.2d 1231, 1238-39 (D.C. Cir. 1993); Amendment of Part 65, Interstate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.txt
  • because they are excluded from the total revenue figure as well. Third, Farmers gets little mileage from its contention that Qwest's calculations ought to include potential under-earnings that Farmers allegedly experienced while in the NECA pool. Farmers' earnings during the Complaint Period are subject to company-specific review. Because section 61.39 carriers are exempt from the monitoring period requirements of section 65.701 of the Commission's rules, we find that the two year period that Farmers was out of the NECA traffic-sensitive pool is a reasonable time frame over which to measure and evaluate Farmers' earnings. Finally, the rates that Qwest charges for its conference calling services simply are not relevant to determinations of whether rates for Farmers' access service - an entirely
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-176A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-176A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-176A1.txt
  • of Return for Interstate Services of Local Exchange Carriers, CC Docket No. 89-624, Order, 5 FCC Rcd 7507, 7532, para. 213 (1990). AT&T Corp. v. Virgin Islands Tel. Corp., 19 FCC Rcd at 15980, paras. 4-5. See 47 C.F.R. § 65.700. Section 61.39 carriers are exempt from the requirements of section 65.700. See 47 C.F.R. § 61.39(c). 47 C.F.R. § 65.701. The two-year monitoring period begins on January 1 in odd-numbered years and ends on December 31 in even-numbered years. Id. Carriers subject to section 65.701 of the Commission's rules must file ``interim monitoring reports'' at the end of the first year and may make access rate adjustments as needed throughout the monitoring period to try to ensure that they do
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-127A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-127A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-127A1.txt
  • For End User Common Line charges included in a tariff pursuant to this Section, the incumbent local exchange carrier must provide supporting information for the two-year historical period with its letter of transmittal in accordance with §61.38. (c) Maximum allowable rate of return. Incumbent Local exchange carriers filing tariffs under this section are not required to comply with §§65.700 through 65.701 of this chapter, 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 incumbent local exchange carrier's prescribed rate of return applicable to the period during which the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-92A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-92A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-92A1.txt
  • For End User Common Line charges included in a tariff pursuant to this Section, the incumbent local exchange carrier must provide supporting information for the two-year historical period with its letter of transmittal in accordance with §61.38. (c) Maximum allowable rate of return. Incumbent Local exchange carriers filing tariffs under this section are not required to comply with §§65.700 through 65.701 of this chapter, 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 incumbent local exchange carrier's prescribed rate of return applicable to the period during which the
• http://transition.fcc.gov/eb/Orders/2001/fcc01032.doc http://transition.fcc.gov/eb/Orders/2001/fcc01032.html
  • traffic as intrastate and counted intraoffice calls as two DEMs. . .''). Answer of Defendants Alaska Communications Systems Holdings, Inc. and ACS of Anchorage, Inc., File No. EB-00-MD-016 (September 13, 2000) (``Answer''), at Exhibit 2. ATU, like other rate-of-return carriers, is required to file a preliminary monitoring report each year of the two-year monitoring period. See 47 C.F.R. §§ 65.600, 65.701. The final monitoring report, which includes any required adjustments to the preliminary reports, must be filed by September 30 of the year following the conclusion of the monitoring period. 46 C.F.R. § 65.600. Answer at Exhibit 2. Complaint at Exhibit 4. Id. at Description and Justification, Section 4 at 14. See ATU Reply Br. at 12, n.11 (``the 1997 and
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-195A1.html
  • science, and that the overarching goal of rate-of-return regulation is to ensure that rates fall within a zone of reasonableness.58 Consequently, ``[t]o alleviate some of the imprecision inherent in the prescribed rate-of-return methodology, . . . the Commission employs what it deems a `long evaluation period' allowing short term earnings `peaks' and `valleys' to offset each other.''59 In particular, rule 65.701 provides, in pertinent part, that ``interstate earnings shall be measured over a two year period to determine compliance with the maximum allowable rate of return.''60 This two-year period allows a carrier time to minimize or eliminate overearnings that might otherwise result from cost and demand projections that prove to be inaccurate. Specifically, if the rates that a carrier files at
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-175A1.html
  • because they are excluded from the total revenue figure as well. Third, Farmers gets little mileage from its contention that Qwest's calculations ought to include potential under-earnings that Farmers allegedly experienced while in the NECA pool. Farmers' earnings during the Complaint Period are subject to company-specific review. Because section 61.39 carriers are exempt from the monitoring period requirements of section 65.701 of the Commission's rules, we find that the two year period that Farmers was out of the NECA traffic-sensitive pool is a reasonable time frame over which to measure and evaluate Farmers' earnings. Finally, the rates that Qwest charges for its conference calling services simply are not relevant to determinations of whether rates for Farmers' access service - an entirely
• http://www.fcc.gov/eb/Orders/2001/fcc01032.doc http://www.fcc.gov/eb/Orders/2001/fcc01032.html
  • traffic as intrastate and counted intraoffice calls as two DEMs. . .''). Answer of Defendants Alaska Communications Systems Holdings, Inc. and ACS of Anchorage, Inc., File No. EB-00-MD-016 (September 13, 2000) (``Answer''), at Exhibit 2. ATU, like other rate-of-return carriers, is required to file a preliminary monitoring report each year of the two-year monitoring period. See 47 C.F.R. §§ 65.600, 65.701. The final monitoring report, which includes any required adjustments to the preliminary reports, must be filed by September 30 of the year following the conclusion of the monitoring period. 46 C.F.R. § 65.600. Answer at Exhibit 2. Complaint at Exhibit 4. Id. at Description and Justification, Section 4 at 14. See ATU Reply Br. at 12, n.11 (``the 1997 and
• http://www.fcc.gov/eb/Orders/2004/FCC-04-195A1.html
  • science, and that the overarching goal of rate-of-return regulation is to ensure that rates fall within a zone of reasonableness.58 Consequently, ``[t]o alleviate some of the imprecision inherent in the prescribed rate-of-return methodology, . . . the Commission employs what it deems a `long evaluation period' allowing short term earnings `peaks' and `valleys' to offset each other.''59 In particular, rule 65.701 provides, in pertinent part, that ``interstate earnings shall be measured over a two year period to determine compliance with the maximum allowable rate of return.''60 This two-year period allows a carrier time to minimize or eliminate overearnings that might otherwise result from cost and demand projections that prove to be inaccurate. Specifically, if the rates that a carrier files at
• http://www.fcc.gov/eb/Orders/2007/FCC-07-175A1.html
  • because they are excluded from the total revenue figure as well. Third, Farmers gets little mileage from its contention that Qwest's calculations ought to include potential under-earnings that Farmers allegedly experienced while in the NECA pool. Farmers' earnings during the Complaint Period are subject to company-specific review. Because section 61.39 carriers are exempt from the monitoring period requirements of section 65.701 of the Commission's rules, we find that the two year period that Farmers was out of the NECA traffic-sensitive pool is a reasonable time frame over which to measure and evaluate Farmers' earnings. Finally, the rates that Qwest charges for its conference calling services simply are not relevant to determinations of whether rates for Farmers' access service - an entirely
• http://www.fcc.gov/ogc/documents/opinions/2002/01-1059.doc http://www.fcc.gov/ogc/documents/opinions/2002/01-1059.html
  • § 204(a)(3) filings, and (b) its reconsideration of the use of the IRS rate for non-large corporate overpayments for prejudgment interest. So ordered. Commission regulations specify two-year monitoring reports running with the calendar year, even though the tariffs are filed for periods starting July 1. Compare 47 C.F.R. § 69.3(a) (specifying periodicity for rate-of-return monitoring reports), with 47 C.F.R. § 65.701 (specifying periodicity for rate-of-return monitoring reports). î # $ | } Ç È z ˆ " (R) À Á ­
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.pdf
  • because they are excluded from the total revenue figure as well. Third, Farmers gets little mileage from its contention that Qwest's calculations ought to include potential under-earnings that Farmers allegedly experienced while in the NECA pool. Farmers' earnings during the Complaint Period are subject to company-specific review. Because section 61.39 carriers are exempt from the monitoring period requirements of section 65.701 of the Commission's rules, we find that the two year period that Farmers was out of the NECA traffic-sensitive pool is a reasonable time frame over which to measure and evaluate Farmers' earnings. Finally, the rates that Qwest charges for its conference calling services simply are not relevant to determinations of whether rates for Farmers' access service - an entirely
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3020A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3020A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-3020A1.txt
  • earnings of rate-of-return LECs, while protecting customers against unreasonably high rates and helping define overearnings. Amendment of Parts 65 and 69 of the Commission's Rules to Reform the Interstate Rate of Return Represcription and Enforcement Process, CC Docket No. 92-133, Report and Order, 10 FCC Rcd 6788, 6851, para. 143 (1995). See, e.g., 47 C.F.R. §§ 61.38-39. 47 C.F.R. § 65.701. Monitoring periods reflect calendar years, while tariffs are filed for one- or two-year periods beginning July 1. Compare 47 C.F.R. § 69.3(a) with § 65.701. 47 C.F.R. § 69.3(b). See, e.g., MCI v. FCC, 59 F.3d 1407, 1415 (D.C. Cir. 1995) (MCI v. FCC); Virgin Islands v. FCC, 989 F.2d 1231, 1238-39 (D.C. Cir. 1993); Amendment of Part 65, Interstate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266206A1.pdf
  • of the duty to charge only "just and reasonable" rates and give rise to liability for "overearnings." Id. at 1414. Carriers regulated in this manner continue to file tariffs reflecting their actual charges. But they also file "monitoring reports" indicating their rates of return for a given period. The Commission evaluates rates of return over two-year periods. 47 C.F.R. § 65.701. The long review period "allows the Commission to monitor interstate access rates while still providing carriers an opportunity to respond to changing market conditions with mid-course rate revisions." Virgin Islands Tel. Corp. v. FCC, 989 F.2d 1231, 1237 (D.C. Cir. 1993) ("Vitelco"). Carriers therefore file both "interim monitoring reports" indicating any necessary adjustments during the monitoring period and "final monitoring
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-32A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-32A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-32A1.txt
  • traffic as intrastate and counted intraoffice calls as two DEMs. . .''). Answer of Defendants Alaska Communications Systems Holdings, Inc. and ACS of Anchorage, Inc., File No. EB-00-MD-016 (September 13, 2000) (``Answer''), at Exhibit 2. ATU, like other rate-of-return carriers, is required to file a preliminary monitoring report each year of the two-year monitoring period. See 47 C.F.R. §§ 65.600, 65.701. The final monitoring report, which includes any required adjustments to the preliminary reports, must be filed by September 30 of the year following the conclusion of the monitoring period. 46 C.F.R. § 65.600. Answer at Exhibit 2. Complaint at Exhibit 4. Id. at Description and Justification, Section 4 at 14. See ATU Reply Br. at 12, n.11 (``the 1997 and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-195A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-195A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-195A1.txt
  • science, and that the overarching goal of rate-of-return regulation is to ensure that rates fall within a zone of reasonableness. Consequently, ``[t]o alleviate some of the imprecision inherent in the prescribed rate-of-return methodology, . . . the Commission employs what it deems a `long evaluation period' allowing short term earnings `peaks' and `valleys' to offset each other.'' In particular, rule 65.701 provides, in pertinent part, that ``interstate earnings shall be measured over a two year period to determine compliance with the maximum allowable rate of return.'' This two-year period allows a carrier time to minimize or eliminate overearnings that might otherwise result from cost and demand projections that prove to be inaccurate. Specifically, if the rates that a carrier files at
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-277A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-277A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-277A1.txt
  • earnings of rate-of-return LECs, while protecting customers against unreasonably high rates and helping define overearnings. Amendment of Parts 65 and 69 of the Commission's Rules to Reform the Interstate Rate of Return Represcription and Enforcement Process, CC Docket No. 92-133, Report and Order, 10 FCC Rcd 6788, 6851, para. 143 (1995). See, e.g., 47 C.F.R. §§ 61.38-39. 47 C.F.R. § 65.701. Monitoring periods reflect calendar years, while tariffs are filed for one- or two-year periods beginning July 1. Compare 47 C.F.R. § 69.3(a) with § 65.701. 47 C.F.R. § 69.3(b). See, e.g., MCI v. FCC, 59 F.3d 1407, 1415 (D.C. Cir. 1995) (MCI v. FCC); Virgin Islands v. FCC, 989 F.2d 1231, 1238-39 (D.C. Cir. 1993); Amendment of Part 65, Interstate
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.txt
  • because they are excluded from the total revenue figure as well. Third, Farmers gets little mileage from its contention that Qwest's calculations ought to include potential under-earnings that Farmers allegedly experienced while in the NECA pool. Farmers' earnings during the Complaint Period are subject to company-specific review. Because section 61.39 carriers are exempt from the monitoring period requirements of section 65.701 of the Commission's rules, we find that the two year period that Farmers was out of the NECA traffic-sensitive pool is a reasonable time frame over which to measure and evaluate Farmers' earnings. Finally, the rates that Qwest charges for its conference calling services simply are not relevant to determinations of whether rates for Farmers' access service - an entirely
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-176A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-176A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-176A1.txt
  • of Return for Interstate Services of Local Exchange Carriers, CC Docket No. 89-624, Order, 5 FCC Rcd 7507, 7532, para. 213 (1990). AT&T Corp. v. Virgin Islands Tel. Corp., 19 FCC Rcd at 15980, paras. 4-5. See 47 C.F.R. § 65.700. Section 61.39 carriers are exempt from the requirements of section 65.700. See 47 C.F.R. § 61.39(c). 47 C.F.R. § 65.701. The two-year monitoring period begins on January 1 in odd-numbered years and ends on December 31 in even-numbered years. Id. Carriers subject to section 65.701 of the Commission's rules must file ``interim monitoring reports'' at the end of the first year and may make access rate adjustments as needed throughout the monitoring period to try to ensure that they do
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-127A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-127A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-127A1.txt
  • For End User Common Line charges included in a tariff pursuant to this Section, the incumbent local exchange carrier must provide supporting information for the two-year historical period with its letter of transmittal in accordance with §61.38. (c) Maximum allowable rate of return. Incumbent Local exchange carriers filing tariffs under this section are not required to comply with §§65.700 through 65.701 of this chapter, 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 incumbent local exchange carrier's prescribed rate of return applicable to the period during which the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-92A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-92A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-92A1.txt
  • For End User Common Line charges included in a tariff pursuant to this Section, the incumbent local exchange carrier must provide supporting information for the two-year historical period with its letter of transmittal in accordance with §61.38. (c) Maximum allowable rate of return. Incumbent Local exchange carriers filing tariffs under this section are not required to comply with §§65.700 through 65.701 of this chapter, 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 incumbent local exchange carrier's prescribed rate of return applicable to the period during which the
• http://transition.fcc.gov/eb/Orders/2001/fcc01032.doc http://transition.fcc.gov/eb/Orders/2001/fcc01032.html
  • traffic as intrastate and counted intraoffice calls as two DEMs. . .''). Answer of Defendants Alaska Communications Systems Holdings, Inc. and ACS of Anchorage, Inc., File No. EB-00-MD-016 (September 13, 2000) (``Answer''), at Exhibit 2. ATU, like other rate-of-return carriers, is required to file a preliminary monitoring report each year of the two-year monitoring period. See 47 C.F.R. §§ 65.600, 65.701. The final monitoring report, which includes any required adjustments to the preliminary reports, must be filed by September 30 of the year following the conclusion of the monitoring period. 46 C.F.R. § 65.600. Answer at Exhibit 2. Complaint at Exhibit 4. Id. at Description and Justification, Section 4 at 14. See ATU Reply Br. at 12, n.11 (``the 1997 and
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-195A1.html
  • science, and that the overarching goal of rate-of-return regulation is to ensure that rates fall within a zone of reasonableness.58 Consequently, ``[t]o alleviate some of the imprecision inherent in the prescribed rate-of-return methodology, . . . the Commission employs what it deems a `long evaluation period' allowing short term earnings `peaks' and `valleys' to offset each other.''59 In particular, rule 65.701 provides, in pertinent part, that ``interstate earnings shall be measured over a two year period to determine compliance with the maximum allowable rate of return.''60 This two-year period allows a carrier time to minimize or eliminate overearnings that might otherwise result from cost and demand projections that prove to be inaccurate. Specifically, if the rates that a carrier files at
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-175A1.html
  • because they are excluded from the total revenue figure as well. Third, Farmers gets little mileage from its contention that Qwest's calculations ought to include potential under-earnings that Farmers allegedly experienced while in the NECA pool. Farmers' earnings during the Complaint Period are subject to company-specific review. Because section 61.39 carriers are exempt from the monitoring period requirements of section 65.701 of the Commission's rules, we find that the two year period that Farmers was out of the NECA traffic-sensitive pool is a reasonable time frame over which to measure and evaluate Farmers' earnings. Finally, the rates that Qwest charges for its conference calling services simply are not relevant to determinations of whether rates for Farmers' access service - an entirely
• http://www.fcc.gov/eb/Orders/2001/fcc01032.doc http://www.fcc.gov/eb/Orders/2001/fcc01032.html
  • traffic as intrastate and counted intraoffice calls as two DEMs. . .''). Answer of Defendants Alaska Communications Systems Holdings, Inc. and ACS of Anchorage, Inc., File No. EB-00-MD-016 (September 13, 2000) (``Answer''), at Exhibit 2. ATU, like other rate-of-return carriers, is required to file a preliminary monitoring report each year of the two-year monitoring period. See 47 C.F.R. §§ 65.600, 65.701. The final monitoring report, which includes any required adjustments to the preliminary reports, must be filed by September 30 of the year following the conclusion of the monitoring period. 46 C.F.R. § 65.600. Answer at Exhibit 2. Complaint at Exhibit 4. Id. at Description and Justification, Section 4 at 14. See ATU Reply Br. at 12, n.11 (``the 1997 and
• http://www.fcc.gov/eb/Orders/2004/FCC-04-195A1.html
  • science, and that the overarching goal of rate-of-return regulation is to ensure that rates fall within a zone of reasonableness.58 Consequently, ``[t]o alleviate some of the imprecision inherent in the prescribed rate-of-return methodology, . . . the Commission employs what it deems a `long evaluation period' allowing short term earnings `peaks' and `valleys' to offset each other.''59 In particular, rule 65.701 provides, in pertinent part, that ``interstate earnings shall be measured over a two year period to determine compliance with the maximum allowable rate of return.''60 This two-year period allows a carrier time to minimize or eliminate overearnings that might otherwise result from cost and demand projections that prove to be inaccurate. Specifically, if the rates that a carrier files at
• http://www.fcc.gov/eb/Orders/2007/FCC-07-175A1.html
  • because they are excluded from the total revenue figure as well. Third, Farmers gets little mileage from its contention that Qwest's calculations ought to include potential under-earnings that Farmers allegedly experienced while in the NECA pool. Farmers' earnings during the Complaint Period are subject to company-specific review. Because section 61.39 carriers are exempt from the monitoring period requirements of section 65.701 of the Commission's rules, we find that the two year period that Farmers was out of the NECA traffic-sensitive pool is a reasonable time frame over which to measure and evaluate Farmers' earnings. Finally, the rates that Qwest charges for its conference calling services simply are not relevant to determinations of whether rates for Farmers' access service - an entirely
• http://www.fcc.gov/ogc/documents/opinions/2002/01-1059.doc http://www.fcc.gov/ogc/documents/opinions/2002/01-1059.html
  • § 204(a)(3) filings, and (b) its reconsideration of the use of the IRS rate for non-large corporate overpayments for prejudgment interest. So ordered. Commission regulations specify two-year monitoring reports running with the calendar year, even though the tariffs are filed for periods starting July 1. Compare 47 C.F.R. § 69.3(a) (specifying periodicity for rate-of-return monitoring reports), with 47 C.F.R. § 65.701 (specifying periodicity for rate-of-return monitoring reports). î # $ | } Ç È z ˆ " (R) À Á ­