*Pages 1--3 from Microsoft Word - 37472* Federal Communications Commission DA 04- 1008 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Multi- Association Group (MAG) Plan for Regulation of Interstate Services of Non- Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers Federal- State Joint Board on Universal Service ) ) ) ) ) ) ) ) ) ) CC Docket No. 00- 256 CC Docket No. 96- 45 ERRATA Adopted: April 14, 2004 Released: April 14, 2004 By the Chief, Pricing Policy Division: 1. On February 26, 2004, the Commission released the Report and Order and Second Further Notice of Proposed Rulemaking (Order) in the above captioned proceeding. 1 Appendix A of that Order listed the rules to be amended. The Commission inadvertently omitted to indicate that section 61.38( b)( 4) of the Commission’s rules was to be deleted as part of the rulemaking proceeding. In addition, we have made several editorial changes to reflect Federal Register publication guidelines. A revised Appendix A is attached. 2. Accordingly, IT IS ORDERED, pursuant to sections 0.91 and 0.291 of the Commission’s rules, 47 C. F. R. §§ 0.91, 0.291, that Appendix A to the Report and Order and Second Further Notice of Proposed Rulemaking IS AMENDED AS SET FORTH IN THE REVISED APPENDIX A ATTACHED HERETO. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau 1 Multi- Association Group (MAG) Plan for Regulation of Interstate Services of Non- Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket No. 00- 256, Federal- State Joint Board on Universal Service, CC Docket No. 96- 45, Report and Order and Second Further Notice of Proposed Rulemaking, FCC 04- 31 (released Feb. 26, 2004) (Order). 1 Federal Communications Commission DA 04- 1008 APPENDIX A FINAL RULES Part 54, Part 61, and Part 69 of the Code of Federal Regulations are amended as follows: PART 54 – UNIVERSAL SERVICE 1. The authority citation continues to read as follows: Authority: 47 U. S. C. 1, 4( i), 201, 205, 214, and 254 unless otherwise noted. 2. Section 54.303( a) is revised by adding a second sentence to read as follows: § 54.303 Long Term Support (a) * * * Beginning July 1, 2004, no carrier shall receive Long Term Support. PART 61 – TARIFFS 3. The authority citation continues to read as follows: Authority: Secs. 1, 4( i), 4( j), 201- 205, and 403 of the Communications Act of 1934, as amended; 47 U. S. C. 151, 154( i), 154( j), 201- 205, and 403, unless otherwise noted. 4. Section 61.38 is amended by removing and reserving paragraph (b)( 4). 5. Section 61.41 is amended by revising paragraphs (c) introductory text and (d) and adding a new paragraph (e) to read as follows: § 61.41 Price cap requirements generally. * * * * * (c) Except as provided in paragraph (e) of this section, the following rules in this paragraph (c) apply to telephone companies subject to price cap regulation, as that term is defined in § 61.3( ee), which are involved in mergers, acquisitions, or similar transactions. * * * * * (d) Except as provided in paragraph (e) of this section, local exchange carriers that become subject to price cap regulation as that term is defined in § 61.3( ee) shall not be eligible to withdraw from such regulation. 2 Federal Communications Commission DA 04- 1008 (e) Notwithstanding the requirements of paragraphs (c) and (d) of this section, a telephone company subject to rate- of- return regulation may return lines acquired from a telephone company subject to price cap regulation to rate- of- return regulation, provided that the acquired lines will not be subject to average schedule settlements, and provided further that the telephone company subject to rate- of- return regulation may not for five years elect price cap regulation for itself, or by any means cause the acquired lines to become subject to price cap regulation. PART 69 – ACCESS CHARGES 6. The authority citation continues to read as follows: Authority: 47 U. S. C. 154, 201, 202, 203, 205, 218, 220, 254, 403. 7. Section 69.123 is amended by revising paragraphs (a)( 1), (c), and (d) introductory text and by removing and reserving paragraph (a)( 2) to read as follows: § 69.123 Density pricing zones for special access and switched transport. (a)( 1) Incumbent local exchange carriers not subject to price cap regulation may establish any number of density zones within a study area that is used for purposes of jurisdictional separations, provided that each zone, except the highest- cost zone, accounts for at least 15 percent of that carrier’s special access and transport revenues within that study area, calculated pursuant to the methodology set forth in § 69.725. * * * * * (c) Notwithstanding § 69.3( e)( 7), in study areas in which a telephone company offers a cross-connect, as described in § 69.121( a)( 1), for the transmission of interstate special access traffic, telephone companies may charge rates for special access sub- elements of DS1, DS3, and such other special access services as the Commission may designate, that differ depending on the zone in which the service is offered, provided that the charges for any such service shall not be deaveraged within any such zone. * * * * * (d) Notwithstanding § 69.3( e)( 7), in study areas in which a telephone company offers a cross-connect, as described in § 69.121( a)( 1), for the transmission of interstate switched traffic, or is using collocated facilities to interconnect with telephone company interstate switched transport services, telephone companies may charge rates for sub- elements of direct- trunked transport, tandem- switched transport, entrance facilities, and dedicated signaling transport that differ depending on the zone in which the service is offered, provided that the charge for any such service shall not be deaveraged within any such zone. * * * * * 3