*Pages 1--2 from Microsoft Word - 45010.doc* Federal Communications Commission DA 04- 4050 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of July 1, 2004 Annual Access Charge Tariff Filings ) ) ) ) ) ) WC Docket No. 04- 372 ERRATA Adopted: December 23, 2004 Released: December 23, 2004 By the Chief, Pricing Policy Division, Wireline Competition Bureau: 1. On November 30, 2004, the Commission released the order terminating the tariff investigation in the above captioned proceeding. 1 With this order, we revise footnote 70 to eliminate potential confusion about the timing of the filing of complaints in overearnings cases. 2. We revise footnote 70 to read as follows: AT& T Opposition at Attach. A; GCI Opposition at 6- 11, Declaration of Alan Mitchell, Exh. 2. Because NECA has never filed revised September 492 Reports, NECA informs us for the first time in this proceeding of its revised rates of return for traffic sensitive switched access services. NECA Direct Case at Exh. 2. According to NECA, these returns were 12.93% for the 1993- 94 monitoring period, 12.11% for 1995- 96, 13.46% for 1997- 98, 12.17% for 1999- 2000, and 13.14% for 2001- 02 (as of Aug. 2004). NECA projects final traffic sensitive switched access rates of return for 2003 of 13.86%. Id. Because of NECA's 24- month true- up process, the revised earnings data for the 2003- 04 monitoring period would not be available until January 2007. This revision eliminates uncertainty about the timing of the filing of a complaint. 1 July 1, 2004, Annual Access Charge Tariff Filings, WC Docket No. 04- 372, Memorandum Opinion and Order, FCC 04- 277 (Nov. 30, 2004). 1 Federal Communications Commission DA 04- 4050 2 3. Accordingly, IT IS ORDERED, pursuant to sections 4( i), 4( j), 201- 205, and 403 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 154( i), 154( j), 201- 205, and 403, and the authority delegated pursuant to sections 0.91 and 0.291 of the Commission’s rules, 47 C. F. R. §§ 0. 91, 0.291, that the order terminating the tariff investigation in the above captioned proceeding IS AMENDED as described above. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau 2