[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Rules and Regulations]
[Pages 30410-30411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12548]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 36
[CC Docket No. 80-286; FCC 12-49]
Jurisdictional Separations and Referral to the Federal-State
Joint Board
AGENCY: Federal Communications Commission.
ACTION: Interim rule.
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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 the current freeze of part 36 category
relationships and jurisdictional cost allocation factors used in
jurisdictional separations until June 30, 2014. Extending the freeze
will allow the Commission to provide stability for carriers that must
comply with the Commission's separations rules while the Federal-State
Joint Board completes its analysis of, and recommendations for, interim
and comprehensive reform of the jurisdictional separations process.
DATES: Effective June 22, 2012.
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 12-49, released on May 8,
2012. 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.
2. The 2001 Separations Freeze Order, 66 FR 33202, June 21, 2001,
froze all part 36 category relationships and allocation factors for
price cap carriers and all allocation factors for rate-of-return
carriers. Rate-of-return carriers had the option to freeze their
category relationships at the outset of the freeze. The freeze was
originally established July 1, 2001 for a period of five years, or
until the Commission completed separations reform, whichever occurred
first. The 2006 Separations Freeze Extension Order, 71 FR 29843, May
24, 2006, extended the freeze for three years or until the Commission
completed separations reform, whichever occurred first. The 2009
Separations Freeze Extension Order, 74 FR 23955, May 22, 2009, extended
the freeze until June 30, 2010. The 2010 Separations Freeze Extension
Order, 75 FR 30301, June 1, 2010, extended the freeze until June 30,
2011. The 2011 Separations Freeze Extension Order, 76 FR 30840, May 27,
2011, extended the freeze until June 30, 2012.
3. The NPRM proposed extending the current freeze of part 36
category relationships and jurisdictional cost allocation factors used
in jurisdictional separations, which freeze would otherwise expire on
June 30, 2012, until June 30, 2014. The R&O adopts that proposal. The
extension will allow the Commission to continue to work with the
Federal-State Joint Board on Separations to achieve comprehensive
separations reform. Pending comprehensive reform, the Commission
concludes that the existing freeze should be extended on an interim
basis to avoid the imposition of undue administrative burdens on
incumbent LECs. The overwhelming majority of parties filing comments in
response to the NPRM supported extension of the freeze.
4. 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.
5. As required by the Regulatory Flexibility Act, the Commission
certifies that these regulatory amendments will not have a significant
impact on small business entities.
Paperwork Reduction Act (PRA)
6. 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, Public Law 107-198, 44 U.S.C.
3506(c)(4).
7. 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).
Ordering Clauses
8. 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
[[Page 30411]]
adopted. The report and order shall be effective June 22, 2012.
9. The Commission's Consumer and Governmental Affairs Bureau,
Reference Information Center, shall send a copy of 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.
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
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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.
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2. In 47 CFR part 36 remove the words ``June 30, 2012'' and add, in
their place, the words ``June 30, 2014'' in the following sections:
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a. Section 36.3(a) through (e);
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b. Section 36.123(a)(5) and (a)(6);
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c. Section 36.124(c) and (d);
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d. Section 36.125(h) and (i);
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e. Section 36.126(b)(6), (c)(4), (e)(4), and (f)(2);
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f. Section 36.141(c);
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g. Section 36.142(c);
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h. Section 36.152(d);
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i. Section 36.154(g);
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j. Section 36.155(b);
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k. Section 36.156(c);
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l. Section 36.157(b);
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m. Section 36.191(d);
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n. Section 36.212(c);
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o. Section 36.214(a);
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p. Section 36.372;
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q. Section 36.374(b) and (d);
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r. Section 36.375(b)(4) and (b)(5);
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s. Section 36.377(a), (a)(1)(ix), (a)(2)(vii), (a)(3)(vii),
(a)(4)(vii), (a)(5)(vii), and (a)(6)(vii);
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t. Section 36.378(b)(1);
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u. Section 36.379(b)(1) and (b)(2);
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v. Section 36.380(d) and (e);
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w. Section 36.381(c) and (d); and
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x. Section 36.382(a).
[FR Doc. 2012-12548 Filed 5-22-12; 8:45 am]
BILLING CODE 6712-01-P