Jurisdictional Separations and Referral to the Federal-State Joint Board

Federal Register: May 22, 2009 (Volume 74, Number 98)

Rules and Regulations

Page 23955-23956

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr22my09-7

FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 36

CC Docket No. 80-286; FCC 09-44

Jurisdictional Separations and Referral to the Federal-State

Joint Board

AGENCY: Federal Communications Commission.

ACTION: Interim rule.

SUMMARY: Jurisdictional separations is the process by which incumbent local exchange carriers (incumbent LECs) apportion regulated costs between the intrastate and interstate jurisdictions. In this document, the Commission extends until June 30, 2010, the current freeze of part 36 category relationships and jurisdictional cost allocation factors used in jurisdictional separations. Extending the freeze provides stability for, and avoids imposing undue burdens on, carriers that must comply with the Commission's separations rules while the Commission considers issues relating to comprehensive reform of the jurisdictional separations process.

DATES: Effective June 22, 2009.

FOR FURTHER INFORMATION CONTACT: Daniel Ball, Attorney Advisor, at 202- 418-1577, Pricing Policy Division, Wireline Competition Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report and Order (R&O) in CC Docket No. 80-286, FCC 09-44, released on May 15, 2009. The full text of this document is available for public inspection during regular business hours in the FCC Reference Center, Room CY-

A257, 445 12th Street, SW., Washington, DC 20554. 1. Jurisdictional separations is the process by which incumbent

LECs apportion regulated costs between the intrastate and interstate jurisdictions. The freeze of Part 36 category relationships and jurisdictional cost allocation factors was first implemented for five years on July 1, 2001, 66 FR 33202, June 21, 2001 (2001 Separations

Freeze Order), then extended approximately three years on June 23, 2006, 71 FR 29843, May 24, 2006 (2006 Separations Freeze Extension

Order). On March 27, 2009, the Commission released a notice of proposed rulemaking seeking comment on a further extension of the freeze until

June 30, 2010. 74 FR 15236 (Apr. 3, 2009) (NPRM). The overwhelming majority of parties filing comments in response to the NPRM supported extension of the freeze. This R&O extends the current freeze until June 30, 2010. Extending the freeze provides stability for, and avoids imposing undue burdens on, carriers that must comply with the

Commission's separations rules while the Commission, working with the

Federal-State Joint Board on Separations, considers issues relating to comprehensive separations reform. 2. The extended freeze will be implemented as described in the 2001

Separations Freeze Order. Specifically, price-cap carriers would use the same relationships between categories of investment and expenses within part 32 accounts and the same jurisdictional allocation factors that have been in place since the inception of the current freeze on

July 1, 2001. Rate-of-return carriers would use the same frozen jurisdictional allocation factors, and would use the same frozen category relationships if they had opted previously to freeze those as well.

1. Procedural Matters

   1. Final Regulatory Flexibility Certification 3. As required by the Regulatory Flexibility Act, the Commission certifies that these regulatory amendments will not have a significant impact on small business entities.

   2. Paperwork Reduction Act 4. The R&O does not propose any new or modified information collections subject to the Paperwork Reduction Act of 1995 (PRA),

      Public Law 104-13. In addition, therefore, it does not contain any new, modified, or proposed ``information collection burden for small business concerns with fewer than 25 employees,'' pursuant to the Small

      Business Paperwork Relief Act of 2002, Pub. L. 107-198, 44 U.S.C. 3506(c)(4).

   3. Congressional Review Act 5. The Commission will send a copy of the R&O in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).

2. Ordering Clauses 6. Pursuant to sections 1, 4(i) and (j), 214(e), 254, and 410 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 214(e), 254, and 410, the R&O is adopted. 7. The report and order shall be effective June 22, 2009. 8. Pursuant to section 410(c) of the Communications Act of 1934, as amended, 47 U.S.C. 410(c), the issues set forth in the R&O are referred to the Federal-State Joint Board on Separations for preparation of a recommended decision. 9. The Commission's Consumer and Governmental Affairs Bureau,

   Reference Information Center, shall send a copy of

   Page 23956

   the R&O, including the Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration.

   List of Subjects in 47 CFR Part 36

   Communications common carriers, Reporting and recordkeeping requirements, Telephone, and Uniform system of accounts.

   Federal Communications Commission.

   Marlene H. Dortch,

   Secretary.

   Interim Rules 0

   For the reasons discussed in the preamble, the Federal Communications

   Commission amends 47 CFR Part 36 as follows:

   PART 36--JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES

   FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES,

   EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES 0 1. The authority citation for part 36 continues to read as follows:

   Authority: 47 U.S.C. 151, 154 (i) and (j), 205, 221(c), 254, 403, and 410. 0 2. In 47 CFR part 36 remove the words ``June 30, 2006'' each place they appear and add, in their place, the words ``June 30, 2010'' in the following places: 0 a. Section 36.3(a), (b), (c), (d), and (e); 0 b. Section 36.123(a)(5), and (a)(6); 0 c. Section 36.124(c), and (d); 0 d. Section 36.125(h), (i), and (j); 0 e. Section 36.126(b)(5), (c)(4), (e)(4), and (f)(2); 0 f. Section 36.141(c); 0 g. Section 36.142(c); 0 h. Section 36.152(d); 0 i. Section 36.154(g); 0 j. Section 36.155(b); 0 k. Section 36.156(c); 0 l. Section 36.157(b); 0 m. Section 36.191(d); 0 n. Section 36.212(c); 0 o. Section 36.214(a); 0 p. Section 36.372; 0 q. Section 36.374(b), and (d); 0 r. Section 36.375(b)(4), and (b)(5); 0 s. Section 36.377(a) introductory text, (a)(1)(ix), (a)(2)(vii),

   (a)(3)(vii), (a)(4)(vii), (a)(5)(vii), and (a)(6)(vii); 0 t. Section 36.378(b)(1); 0 u. Section 36.379(b)(1), and (b)(2); 0 v. Section 36.380(d), and (e); 0 w. Section 36.381(c) and (d); and 0 x. Section 36.382(a).

   FR Doc. E9-12033 Filed 5-21-09; 8:45 am

   BILLING CODE 6712-01-P