33202 Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Rules and Regulations

MW1 M/W2 MW3 MW4S

S MW4D

12/14/98 .......................................................................................................................................... . ...... . ...... . ...... . ...... <0.20

6/04/99 ............................................................................................................................................ <0.20 .. <0.20 .. <0.20 .. <0.20 .. <0.201

12/21/99 .......................................................................................................................................... . ...... . ...... . ...... . ...... <0.20

6/29/00 ............................................................................................................................................ <0.19 .. . ...... . ...... <0.19 .. <0.19

8/2/00 .............................................................................................................................................. . ...... <0.19 .. <0.19 .. . ...... .

PRIVATE WELL RESULTS FOR VINYL CHLORIDE

[ug/l]

DANA RANDAL

L

SAMPSO

N SCHAPPE

8/19/91 .................................................................................................................................................. <1.00 .. <1.00 .... <1.00 .....

2/10/92 .................................................................................................................................................. <0.50 .. <0.50 .... . ......... <0.50

7/12/93 .................................................................................................................................................. <1.00 .. <1.00 .... <1.00 ..... .

6/29/00 .................................................................................................................................................. <0.12 .. <0.12 .... . ......... <0.12

8/15/00 .................................................................................................................................................. . ...... . ......... <0.15 ..... .

Five-Year Review

Because hazardous substances will

remain at the site, EPA committed itself

in the Record of Decision to conduct a

review of the ‘‘no further action’’

remedy at least every five years. These

reviews will be conducted pursuant to

CERCLA 121 (c) and as provided in the

current guidance on Five Year Reviews:

OSWER Directive 9355.7–02, Structure

and Components of Five-Year Reviews,

May 23, 1991; OSWER Directive

9355.7–02A, Supplemental Five-Year

Review Guidance, July 26, 1994, the

Second Supplemental Five-Year Review

Guidance, December 21, 1995, or other

EPA guidance current at the time of the

review. The first Five-Year Review will

be completed by September 30, 2001.

Community Involvement

Public participation activities have

been satisfied as required in CERCLA

section 113(k), 42 U.S.C. 9613(k), and

CERCLA section 117, 42 U.S.C. 9617.

Documents in the deletion docket which

EPA relied on for recommendation of

the deletion from the NPL are available

to the public in the information

repositories.

V. Deletion Action

The EPA, with concurrence of the

State of Wisconsin, has determined that

all appropriate responses under

CERCLA have been completed, and that

no further response actions, under

CERCLA, other than five-year reviews,

are necessary. Therefore, EPA is

deleting the Site from the NPL.

Because EPA considers this action to

be noncontroversial and routine, EPA is

taking it without prior publication. This

action will be effective August 20, 2001

unless EPA receives adverse comments

by July 23, 2001. If adverse comments

are received within the 30-day public

comment period, EPA will publish a

timely withdrawal of this direct final

notice of deletion before the effective

date of the deletion and it will not take

effect and, EPA will prepare a response

to comments and continue with the

deletion process on the basis of the

notice of intent to delete and the

comments already received. There will

be no additional opportunity to

comment.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

waste, Hazardous substances,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: June 12, 2001.

David A. Ullrich,

Acting Regional Administrator, Region 5.

For the reasons set out in this

document, 40 CFR part 300 is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for Part 300

continues to read as follows:

Authority: 42 U.S.C. 9601–9657; 33 U.S.C.

1321(c)(2); E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp.; p.351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp.; p.193.

Appendix B—[Amended]

2. Table 1 of Appendix B to Part 300

is amended under Wisconsin ‘‘WI’’ by

removing the entry for ‘‘Tomah

Fairgrounds’’.

[FR Doc. 01–15479 Filed 6–20–01; 8:45 am]

BILLING CODE 6560–50–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 36

[CC Docket No. 80–286; FCC 01–162]

Jurisdictional Separations Reform and

Referral to the Federal-State Joint

Board

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In this document, the

Commission adopts rules to implement

a five-year interim ‘‘freeze’’ of the

jurisdictional separations process in

order to simplify and stabilize the

separations process pending more

comprehensive separations reform. This

action is based upon a Recommended

Decision issued in July 2000 by the

Federal-State Joint Board on

Jurisdictional Separations.

DATES: Effective June 21, 2001 except for

§ 36.3(b), which contain information

collection requirements that have not

been approved by the Office of

Management Budget (OMB). The

Commission will publish a document in

the Federal Register announcing the

effective date of that section.

FOR FURTHER INFORMATION CONTACT: Eric

Einhorn or Andrew Firth, Common

Carrier Bureau, Accounting Policy

Division, (202) 418–7400.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order in CC Docket No. 80–286

released on May 21, 2001. The full text

of this document is available for public

inspection during regular business

hours in the FCC Reference Center,

Room CY–A257, 445 Twelfth Street,

SW., Washington, DC, 20554.

Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Rules and Regulations 33203

I. Introduction

1. Jurisdictional separations is the

process by which incumbent local

exchange carriers (ILECs) apportion

regulated costs between the intrastate

and interstate jurisdictions. The first

step in the separations process requires

carriers to assign regulated costs to

various categories of plant and

expenses. In the second step, the costs

are apportioned between the intrastate

and interstate jurisdictions. These

jurisdictional allocations are based upon

either a relative-use factor, a fixed

allocator, or when specifically allowed

in the part 36 rules, by direct

assignment.

2. In 1997, the Commission initiated

a proceeding seeking comment on the

extent to which legislative changes,

technological changes, and market

changes warranted comprehensive

reform of the separations process.

Jurisdictional Separations Reform and

Referral to the Federal-State Joint Board,

Notice of Proposed Rulemaking, CC

Docket No. 80–286, 62 FR 59842,

November 5, 1997 (NPRM). In the

NPRM, the Commission noted that

modern network structures are vastly

different than the structure used to

define the part 36 cost categories, and

that the separations process codified in

the current part 36 rules was developed

at a time when common carrier

regulation presumed that interstate and

intrastate telecommunications service

must be provided through a regulated

monopoly.

3. In this Report and Order, we adopt

rules based on a July 2000

Recommended Decision of the FederalState Joint Board (Joint Board) on

Jurisdictional Separations, 15 FCC Rcd

13160, FCC 00J–2, CC Docket No. 80–

286 (released July 21, 2000). The

Commission sought public comment on

this Recommended Decision. See

‘‘Comment Sought on Recommended

Decision Issued by Federal-State Joint

Board on Jurisdictional Separations,’’

Public Notice, CC Docket No. 80–286,

DA No. 00–2433, 65 FR 67320,

November 9, 2000. In its Recommended

Decision, the Joint Board recommended

that the Commission adopt an interim

‘‘freeze’’ of the jurisdictional separations

process codified at part 36 of the

Commission’s rules, 47 CFR 36 et seq.,

as a means to simplify and stabilize the

separations process pending more

comprehensive reform. Specifically,

pending further reform, the Commission

adopts a five-year freeze of all part 36

category relationships and jurisdictional

allocation factors for price cap

incumbent local exchange carriers

(ILECs), and a freeze of all allocation

factors for rate-of-return ILECs. The

interim freeze shall be in effect from

July 1, 2001 until June 30, 2006, or until

the Commission completes

comprehensive separations reform,

whichever comes first. We believe that

these measures will bring simplification

and regulatory certainty to the

separations process in a time of rapid

market and technology changes, until

comprehensive reform is completed.

II. Executive Summary

4. In this Report and Order, we adopt

rules that do the following:

• Impose a five-year interim freeze of

the part 36 category relationships and

jurisdictional allocation factors for price

cap carriers, and the jurisdictional

allocation factors only for rate-of-return

carriers. Rate-of-return carriers,

however, will be able to elect to freeze

their category relationships at the outset

of the freeze. The frozen category

relationships and allocation factors will

be based on data from the carriers’

calendar-year 2000 separations studies.

The interim freeze will be in effect from

July 1, 2001 to June 30, 2006, or until

the Commission has completed

comprehensive reform of the part 36

separations process, whichever comes

first.

• With limited exceptions for the sale

and transfer of telephone exchanges, no

adjustments to the frozen category

relationships and allocation factors will

be allowed during the freeze.

• The Report and Order does not

adopt the Joint Board’s recommendation

to reduce local dial equipment minutes

(DEM) at the outset of the freeze to

compensate for the impact of the

Internet on local calling patterns,

because we do not believe that the

record allows us to quantify with any

degree of accuracy the impact of the

Internet on a nationwide basis.

• Approximately two years after the

implementation of the interim freeze,

the Commission will seek comment on

the impact of the freeze, including

specific comment on the Internet-bound

traffic issue. Comprehensive review of

the separations process will continue

during the interim freeze, and the

Commission will work with the Joint

Board to address certain specific issues

outlined in the Joint Board’s

Recommended Decision.

• The ARMIS 43–04 report, which is

used by incumbent LECs subject to

ARMIS reporting requirements to report

separations results, will be streamlined

to simplify carrier reporting and reduce

administrative burdens. The Common

Carrier Bureau shall seek public

comment on the content of the proposed

streamlined ARMIS 43–04 report. This

will provide interested parties,

including the states, the opportunity to

provide feedback on which specific

accounts are needed to evaluate the

freeze and consider further separations

reform. The Commission will adopt

specific reporting requirements for

ARMIS 43–04 in a subsequent order.

V. Procedural Matters

A. Effective Date

5. We conclude that the effective date

of the rules promulgated in this Report

and Order shall be the June 20, 2001

except for § 36.3(b), which contain

information collection requirements that

have not been approved by the Office of

Management Budget (OMB). The

Commission will publish a document in

the Federal Register announcing the

effective date of that section. Although

the Administrative Procedure Act

normally requires 30 days notice before

rules become effective, the Commission,

for good cause, may make rules effective

with less than 30 days notice. We find

such good cause based on the July 1,

2001 start of the new tariff year.

B. Paperwork Reduction Act

6. The action contained herein has

been analyzed with respect to the

Paperwork Reduction Act of 1995 (PRA)

and found to impose new or modified

reporting and/or recordkeeping

requirements or burdens on the public.

Implementation of these new or

modified reporting and/or

recordkeeping requirements will be

subject to approval by the Office of

Management and Budget (OMB). The

Commission will publish a document in

the Federal Register announcing the

effective date.

C. Final Regulatory Flexibility Analysis

7. The Regulatory Flexibility Act of

1980, as amended (RFA), requires that

an RFA analysis be prepared for noticeand-comment rulemaking proceedings,

unless the agency certifies that ‘‘the rule

will not, if promulgated, have a

significant economic impact on a

substantial number of small entities.’’

The RFA generally defines ‘‘small

entity’’ as having the same meaning as

the terms ‘‘small business,’’ ‘‘small

organization,’’ and ‘‘small governmental

jurisdiction.’’ In addition, the term

‘‘small business’’ has the same meaning

as the term ‘‘small business concern’’

under the Small Business Act. A small

business concern is one which: (1) Is

independently owned and operated; (2)

is not dominant in its field of operation;

and (3) satisfies any additional criteria

established by the Small Business

Administration (SBA). Section 121.201

33204 Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Rules and Regulations

of the Small Business Administration

regulations defines a small

telecommunications entity in SIC code

4813 (Telephone Companies Except

Radio Telephone) as any entity with

1,500 or fewer employees at the holding

company level. As we described in the

previous IRFA analysis in this

proceeding, we recognize that proposals

such as a freeze of the part 36

separations process will affect all

incumbent local exchange carriers

providing interstate services, including

some entities employing 1500 or fewer

employees at the holding company

level.

8. In the instant Report and Order, we

amend part 36 of our rules to adopt a

variation of the freeze proposals set

forth in the NPRM. Specifically, the

Commission adopts a five-year freeze of

the part 36 category relationships and

allocation factors for price cap carriers

and a freeze of the allocation factors

only for rate-of-return carriers. The

objectives of the modified rules adopted

in this Report and Order are to freeze

the separations process in order to ease

the administrative burden of regulatory

compliance and to provide greater

regulatory certainty for all local

exchange carriers subject to the

Commission’s part 36 rules, including

small incumbent local exchange carriers

(ILECs). For the reasons described, we

certify, pursuant to the RFA, that the

rules adopted in this Report and Order

will not have a significant economic

impact on a substantial number of small

entities. The interim freeze will

eliminate the need for all ILECs,

including ILECs with 1500 employees or

fewer, to complete certain annual

studies formerly required by the

Commission’s rules; if this action can be

said to have any affect under the RFA,

it is to reduce a regulatory compliance

burden for small ILECs by eliminating

the aforementioned separations studies

and providing these carriers with greater

regulatory certainty.

9. We note that we specifically

considered the impact of the freeze on

small ILECs (in general, rate-of-return

carriers) in this Report and Order and

provided them with the option to freeze

their category relationships at the onset

of the freeze. We recognized that some

small ILECs may be harmed if subject to

a categories freeze, as it may reduce

their ability to recover investment and

receive sufficient universal service

support, while other small ILECs may

benefit from the added regulatory

simplification and stability provided by

a categories freeze. Our action,

therefore, either retains the status quo

for small ILECs choosing to freeze their

category relationships, or results in less

regulatory burden for those opting for

the categories freeze. Furthermore, we

have committed to addressing the

impact of Internet traffic on the

separations results of all carriers,

including small ILECs, in the context of

the Commission’s comprehensive

separations reform, as we do not believe

carriers are harmed by the current

separations treatment of Internet traffic

and will not be harmed as a result of the

freeze.

10. The Commission will send a copy

of this Report and Order, including this

final certification, in a report to

Congress pursuant to the Congressional

Review Act, see 5 U.S.C. 801(a)(1)(A). In

addition, the Report and Order and this

certification will be sent to the Chief

Counsel for Advocacy of the Small

Business Administration, and will be

published in the Federal Register. See

5 U.S.C. 605(b).

V. Ordering Clauses

11. Pursuant to sections 1, 2, 4, 201–

205, 215, 218, 220, 229, 254, and 410 of

the Communications Act of 1934, as

amended, that the amendments to part

36 of the Commission’s rules, 47 CFR

Part 36, as described in this Report and

Order are adopted.

12. Part 36 of the Commission’s rules,

47 CFR part 36, is amended as set forth,

effective June 21, 2001 except for

§ 36.3(b), which contain information

collection requirements that have not

been approved by the Office of

Management Budget (OMB). The

Commission will publish a document in

the Federal Register announcing the

effective date of that section.

List of Subjects 47 CFR Part 36

Jurisdictional separations, Reporting

and recordkeeping requirements,

Telecommunications, Telephone.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Final Rules

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

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.

Subpart A—General

2. Add § 36.3 to subpart A to read as

follows:

§ 36.3 Freezing of jurisdictional

separations category relationships and/or

allocation factors.

(a) Effective July 1, 2001, through June

30, 2006, all local exchange carriers

subject to part 36 rules shall apportion

costs to the jurisdictions using their

study area and/or exchange specific

jurisdictional allocation factors

calculated during the twelve month

period ending December 31, 2000, for

each of the categories/sub-categories as

specified herein. Direct assignment of

private line service costs between

jurisdictions shall be updated annually.

Other direct assignment of investment,

expenses, revenues or taxes between

jurisdictions shall be updated annually.

Local exchange carriers that invest in

telecommunications plant categories

during the period July 1, 2001, through

June 30, 2006, for which it had no

separations allocation factors for the

twelve month period ending December

31, 2000, shall apportion that

investment among the jurisdictions in

accordance with the separations

procedures in effect as of December 31,

2000 for the duration of the freeze.

(b) Effective July 1, 2001, through

June 30, 2006, local exchange carriers

subject to price cap regulation, pursuant

to § 61.41, shall assign costs from the

part 32 accounts to the separations

categories/sub-categories, as specified

herein, based on the percentage

relationships of the categorized/subcategorized costs to their associated part

32 accounts for the twelve month period

ending December 31, 2000. If a part 32

account for separations purposes is

categorized into more than one category,

the percentage relationship among the

categories shall be utilized as well.

Local exchange carriers that invest in

types of telecommunications plant

during the period July 1, 2001, through

June 30, 2006, for which it had no

separations category investment for the

twelve month period ending December

31, 2000, shall assign such investment

to separations categories in accordance

with the separations procedures in

effect as of December 31, 2000. Local

exchange carriers not subject to price

cap regulation, pursuant to § 61.41 of

this chapter, may elect to be subject to

the provisions of § 36.3(b). Such

election must be made prior to July 1,

2001. Local exchange carriers electing to

become subject to § 36.3(b) shall not be

eligible to withdraw from such

Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Rules and Regulations 33205

regulation for the duration of the freeze.

Local exchange carriers participating in

Association tariffs, pursuant to § 69.601

of this chapter et seq., shall notify the

Association prior to July 1, 2001, of

such intent to be subject to the

provisions of § 36.3(b). Local exchange

carriers not participating in Association

tariffs shall notify the Commission prior

to July 1, 2001, of such intent to be

subject to the provisions of § 36.3(b).

(c) Effective July 1, 2001, through June

30, 2006, any local exchange carrier that

sells or otherwise transfers exchanges,

or parts thereof, to another carrier’s

study area shall continue to utilize the

factors and, if applicable, category

relationships as specified in §§ 36.3(a)

and (b).

(d) Effective July 1, 2001, through

June 30, 2006, any local exchange

carrier that buys or otherwise acquires

exchanges or part thereof, shall

calculate new, composite factors and, if

applicable, category relationships based

on a weighted average of both the

seller’s and purchaser’s factors and

category relationships calculated

pursuant to §§ 36.3(a) and 36.3(b). This

weighted average should be based on

the number of access lines currently

being served by the acquiring carrier

and the number of access lines in the

acquired exchanges.

(1) To compute the composite

allocation factors and, if applicable, the

composite category percentage

relationships of the acquiring company,

the acquiring carrier shall first sum its

existing (pre-purchase) access lines (A)

with the total access lines acquired from

selling company (B). Then, multiply its

factors and category relationship

percentages by (A/(A+B)) and those of

the selling company by (B/(A+B)) and

sum the results.

(2) For carriers subject to a freeze of

category relationships, the acquiring

carrier should remove all categories of

investment from the selling carrier’s list

of frozen category relationships where

no such category investment exists

within the sold exchange(s). The seller’s

remaining category relationships must

then be increased proportionately to

total 100 percent. Then, the adjusted

seller’s category relationships must be

combined with those of the acquiring

carrier as specified in § 36.3(d)(1) to

determine the category relationships for

the acquiring carrier’s post-transfer

study area.

(e) Any local exchange carrier study

area converting from average schedule

company status, as defined in

§ 69.605(c) of this chapter, to cost

company status during the period July

1, 2001, through June 30, 2006, shall, for

the first twelve months subsequent to

conversion categorize the

telecommunications plant and expenses

and develop separations allocation

factors in accordance with the

separations procedures in effect as of

December 31, 2000. Effective July 1,

2001 through June 30, 2006, such

companies shall utilize the separations

allocation factors and account

categorization subject to the

requirements of §§ 36.3(a) and (b) based

on the category relationships and

allocation factors for the twelve months

subsequent to the conversion to cost

company status.

3. Amend § 36.123 by adding

paragraphs (a)(5) and (a)(6) to read as

follows:

§ 36.123 Operator systems equipment—

Category 1.

(a) * * *

(5) Effective July 1, 2001, through

June 30, 2006, study areas subject to

price cap regulation, pursuant to § 61.41

of this chapter, shall assign the average

balance of Account 2220, Operator

Systems, to the categories/subcategories,

as specified in § 36.123(a)(1), based on

the relative percentage assignment of

the average balance of Account 2220 to

these categories/subcategories during

the twelve month period ending

December 31, 2000.

(6) Effective July 1, 2001 through June

30, 2006, all study areas shall apportion

the costs assigned to the categories/

subcategories, as specified in

§ 36.123(a)(1), among the jurisdictions

using the relative use measurements for

the twelve month period ending

December 31, 2000 for each of the

categories/subcategories specified in

§§ 36.123 (b) through 36.123(e).

* * * * *

4. Amend § 36.124 by adding

paragraphs (c) and (d) to read as follows:

§ 36.124 Tandem switching equipment—

Category 2.

* * * * *

(c) Effective July 1, 2001, through June

30, 2006, study areas subject to price

cap regulation, pursuant to § 61.41 of

this chapter, shall assign the average

balances of Accounts 2210, 2211, 2212

and 2215, to the Category 2, Tandem

Switching Equipment based on the

relative percentage assignment of the

average balances of Account 2210, 2211,

2212 and 2215 to Category 2, Tandem

Switching Equipment during the twelve

month period ending December 31,

2000.

(d) Effective July 1, 2001, through

June 30, 2006, all study areas shall

apportion costs in Category 2, Tandem

Switching Equipment, among the

jurisdictions using the relative number

of study area minutes of use, as

specified in § 36.124(b), for the twelve

month period ending December 31,

2000. Direct assignment of any

subcategory of Category 2 Tandem

Switching Equipment between

jurisdictions shall be updated annually.

5. Amend § 36.125 by adding

paragraphs (h), (i), and (j) to read as

follows:

§ 36.125 Local switching equipment—

Category 3.

* * * * *

(h) Effective July 1, 2001, through

June 30, 2006, study areas subject to

price cap regulation, pursuant to § 61.41

of this chapter, shall assign the average

balances of Accounts 2210, 2211, 2212,

and 2215 to Category 3, Local Switching

Equipment, based on the relative

percentage assignment of the average

balances of Account 2210, 2211, 2212

and 2215 to Category 3, during the

twelve month period ending December

31, 2000.

(i) Effective July 1, 2001, through June

30, 2006, all study areas shall apportion

costs in Category 3, Local Switching

Equipment, among the jurisdictions

using relative dial equipment minutes of

use for the twelve month period ending

December 31, 2000.

(j) If during the period from January

1, 1997, through June 30, 2006, the

number of a study area’s access lines

increased or will increase such that,

under § 36.125(f) the weighting factor

would be reduced, that lower weighting

factor shall be applied to the study

area’s 1996 unweighted interstate DEM

factor to derive a new local switching

support factor. The study area will

restate its Category 3, Local Switching

Equipment factor under § 36.125(f) and

use that factor for the duration of the

freeze period.

6. Amend § 36.126 by adding

paragraphs (b)(5), (c)(4), (e)(4), (f)(1)(ii),

and (f)(2) to read as follows:

§ 36.126 Circuit equipment—Category 4.

* * * * *

(b) * * *

(5) Effective July 1, 2001, through

June 30, 2006, study areas subject to

price cap regulation, pursuant to

§ 61.41, shall assign the average

balances of Accounts 2230 through 2232

to the categories/subcategories as

specified in §§ 36.126(b)(1) through

(b)(4) based on the relative percentage

assignment of the average balances of

Accounts 2230 through 2232 costs to

these categories/subcategories during

the twelve month period ending

December 31, 2000.

(c) * * *

33206 Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Rules and Regulations

(4) Effective July 1, 2001, through

June 30, 2006, all study areas shall

apportion costs in the categories/

subcategories, as specified in

§§ 36.126(b)(1) through (b)(4), among

the jurisdictions using the relative use

measurements or factors, as specified in

§§ 36.126(c)(1) through (c)(3) for the

twelve month period ending December

31, 2000. Direct assignment of any

subcategory of Category 4.1 Exchange

Circuit Equipment to the jurisdictions

shall be updated annually.

* * * * *

(e) * * *

(4) Effective July 1, 2001, through

June 30, 2006, all study areas shall

apportion costs in the categories/

subcategories specified in

§§ 36.126(e)(1) through (e)(3) among the

jurisdictions using relative use

measurements or factors, as specified in

§§ 36.126(e)(1) through (e)(3) for the

twelve month period ending December

31, 2000. Direct assignment of any

subcategory of Category 4.2

Interexchange Circuit Equipment to the

jurisdictions shall be updated annually.

(f) * * *

(ii) [Reserved]

(2) Effective July 1, 2001, through

June 30, 2006, all study areas shall

apportion costs in the subcategory

specified in § 36.126(f)(1) among the

jurisdictions using the allocation factor,

as specified in § 36.126(f)(1)(i), for this

subcategory for the twelve month period

ending December 31, 2000. Direct

assignment of any Category 4.3 Host/

Remote Message Circuit Equipment to

the jurisdictions shall be updated

annually.

7. Amend § 36.141 by adding

paragraph (c) to read as follows:

§ 36.141 General.

* * * * *

(c) Effective July 1, 2001, through June

30, 2006, local exchange carriers subject

to price cap regulation, pursuant to

§ 61.41 of this chapter, shall assign the

average balance of Account 2310 to the

categories, as specified in § 36.141(b),

based on the relative percentage

assignment of the average balance of

Account 2310 to these categories during

the twelve month period ending

December 31, 2000.

8. Amend § 36.142 by adding

paragraph (c) to read as follows:

§ 36.142 Categories and apportionment

procedures.

* * * * *

(c) Effective July 1, 2001, through June

30, 2006, all study areas shall apportion

costs in the categories, as specified in

§ 36.141(b), among the jurisdictions

using the relative use measurements or

factors, as specified in § 36.142(a), for

the twelve month period ending

December 31, 2000. Direct assignment of

any category of Information Origination/

Termination Equipment to the

jurisdictions shall be updated annually.

9. Amend § 36.152 by adding

paragraph (d) to read as follows:

§ 36.152 Categories of Cable and Wire

Facilities (C&WF).

* * * * *

(d) Effective July 1, 2001, through

June 30, 2006, study areas subject to

price cap regulation, pursuant to

§ 61.41, shall assign the average balance

of Account 2410 to the categories/

subcategories, as specified in

§§ 36.152(a) through (c), based on the

relative percentage assignment of the

average balance of Account 2410 to

these categories/subcategories during

the twelve month period ending

December 31, 2000.

10. Amend § 36.154 by adding

paragraph (g) to read as follows:

§ 36.154 Exchange Line Cable and Wire

Facilities (C&WF)—Category 1—

apportionment.

* * * * *

(g) Effective July 1, 2001, through June

30, 2006, all study areas shall apportion

Subcategory 1.3 Exchange Line C&WF

among the jurisdictions as specified in

§ 36.154(c). Direct assignment of

subcategory Categories 1.1 and 1.2

Exchange Line C&WF to the

jurisdictions shall be updated annually

as specified in § 36.154(b).

11. Amend § 36.155 by adding

paragraph (b) to read as follows:

§ 36.155 Wideband and exchange trunk

C&WF—Category 2—apportionment

procedures.

* * * * *

(b) Effective July 1, 2001, through

June 30, 2006, all study areas shall

apportion Category 2 Wideband and

exchange trunk C&WF among the

jurisdictions using the relative number

of minutes of use, as specified in

§ 36.155(a), for the twelve-month period

ending December 31, 2000. Direct

assignment of any Category 2 equipment

to the jurisdictions shall be updated

annually.

12. Amend § 36.156 by adding

paragraph (c) to read as follows:

§ 36.156 Interexchange Cable and Wire

Facilities (C&WF)—Category 3—

apportionment procedures.

* * * * *

(c) Effective July 1, 2001, through June

30, 2006, all study areas shall directly

assign Category 3 Interexchange Cable

and Wire Facilities C&WF where

feasible. All study areas shall apportion

the non-directly assigned costs in

Category 3 equipment to the

jurisdictions using the relative use

measurements, as specified in § 36.156

(b), during the twelve-month period

ending December 31, 2000.

13. Amend § 36.157 by adding

paragraph (b) to read as follows:

§ 36.157 Host/Remote message Cable and

Wire Facilities (C&WF)—Category 4—

apportionment procedures.

* * * * *

(b) Effective July 1, 2001, through

June 30, 2006, all study areas shall

apportion Category 4 Host/Remote

message Cable and Wire Facilities

C&WF among the jurisdictions using the

relative number of study area minutesof-use kilometers applicable to such

facilities, as specified in § 36.157(a)(1),

for the twelve month period ending

December 31, 2000. Direct assignment of

any Category 4 equipment to the

jurisdictions shall be updated annually.

14. Amend § 36.191 by adding

paragraph (d) to read as follows:

§ 36.191 Equal access equipment.

* * * * *

(d) Effective July 1, 2001, through

June 30, 2006, all study areas shall

apportion Equal Access Equipment, as

specified in § 36.191(a), among the

jurisdictions using the relative state and

interstate equal access traffic, as

specified in § 36.191(c), for the twelve

month period ending December 31,

2000.

15. Amend § 36.212 by adding a

sentence at the end of paragraph (c) to

read as follows:

§ 36.212 Basic local services revenue—

Account 5000.

* * * * *

(c) * * * Effective July 1, 2001,

through June 30, 2006, all study areas

shall apportion Wideband Message

Service and TWX revenues among the

jurisdictions using the relative number

of TWX minutes of use for the twelvemonth period ending December 31,

2000.

* * * * *

16. Amend § 36.214 by adding a

sentence at the end of paragraph (a) to

read as follows:

§ 36.214 Long distance message

revenue—Account 5100.141.

(a) * * * Effective July 1, 2001

through June 30, 2006, all study areas

shall apportion Wideband Message

Service and TWX revenues among the

jurisdictions using the relative number

of TWX minutes of use for the twelveVerDate 11<MAY>2000 15:17 Jun 20, 2001 Jkt 194001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\21JNR1.SGM pfrm01 PsN: 21JNR1
Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Rules and Regulations 33207

month period ending December 31,

2000.

* * * * *

17. Amend § 36.372 by removing the

paragraph designation and by adding a

sentence at the end of the section to

read as follows:

§ 36.372 Marketing—Account 6610.

(a) * * * Effective July 1, 2001

through June 30, 2006, all study areas

shall apportion expenses in this account

among the jurisdictions using the

analysis, as specified in § 36.372(a),

during the twelve-month period ending

December 31, 2000.

18. Amend § 36.374 by revising

paragraph (b) and by adding paragraphs

(c) and (d) to read as follows:

§ 36.374 Telephone operator expenses.

* * * * *

(b) Effective July 1, 2001, through

June 30, 2006, study areas subject to

price cap regulation, pursuant to § 61.41

of this chapter, shall assign the balance

of Account 6620–Services to the

Telephone operator expense

classification based on the relative

percentage assignment of the balance of

Account 6620 to this classification

during the twelve month period ending

December 31, 2000.

(c) Expenses in this classification are

apportioned among the operations on

the basis of the relative number of

weighted standard work seconds as

determined by analysis and study for a

representative period.

(d) Effective July 1, 2001, through

June 30, 2006, all study areas shall

apportion Telephone operator expenses

among the jurisdictions using the

relative number of weighted standard

work seconds, as specified in

§ 36.374(c), during the twelve-month

period ending December 31, 2000.

19. Amend § 36.375 by adding

paragraphs (b)(5) and (b)(6) to read as

follows:

§ 36.375 Published directory listing.

* * * * *

(b) * * *

(5) Effective July 1, 2001, through

June 30, 2006, study areas subject to

price cap regulation, pursuant to

§ 61.41, shall assign the balance of

Account 6620-Services to the

classifications, as specified in

§§ 36.375(b)(1) through 36.375(b)(4),

based on the relative percentage

assignment of the balance of Account

6620 to these classifications during the

twelve month period ending December

31, 2000.

(6) Effective July 1, 2001 through June

30, 2006, all study areas shall apportion

Published directory listing expenses

using the underlying relative use

measurements, as specified in

§§ 36.375(b)(1) through 36.375(b)(4),

during the twelve-month period ending

December 31, 2000. Direct assignment of

any Publishing directory listing expense

to the jurisdictions shall be updated

annually.

20. Amend § 36.377 by revising

paragraph (a) introductory text and by

adding paragraphs (a)(1)(ix), (a)(2)(vii),

(a)(3)(vii), (a)(4)(vii), (a)(5)(vii),

(a)(6)(vii), (a)(7)(i), and (a)(7)(ii) to read

as follows:

§ 36.377 Category 1—Local business

office expense.

(a) The expense in this category for

the area under study is first segregated

on the basis of an analysis of job

functions into the following

subcategories: End user service order

processing; end user payment and

collection; end user billing inquiry;

interexchange carrier service order

processing; interexchange carrier

payment and collection; interexchange

carrier billing inquiry; and coin

collection and administration. Effective

July 1, 2001, through June 30, 2006,

study areas subject to price cap

regulation, pursuant to § 61.41 of this

chapter, shall assign the balance of

Account 6620–Services to the

subcategories, as specified in

§ 36.377(a), based on the relative

percentage assignment of the balance of

Account 6620 to these categories/

subcategories during the twelve month

period ending December 31, 2000.

(1) * * *

(ix) Effective July 1, 2001, through

June 30, 2006, study areas subject to

price cap regulation, pursuant to § 61.41

of this chapter, shall assign the balance

of Account 6620-Services to the

categories/subcategories, as specified in

§§ 36.377(a)(1)(i) through

36.77(a)(1)(viii), based on the relative

percentage assignment of the balance of

Account 6620 to these categories/

subcategories during the twelve month

period ending December 31, 2000.

Effective July 1, 2001 through June 30,

2006, all study areas shall apportion

TWX service order processing expense,

as specified in § 36.377(a)(1)(viii) among

the jurisdictions using relative billed

TWX revenues for the twelve-month

period ending December 31, 2000. All

other subcategories of End-user service

order processing expense, as specified

in §§ 36.377(a)(1)(i) through

36.377(a)(1)(viii), shall be directly

assigned.

(2) * * *

(vii) Effective July 1, 2001, through

June 30, 2006, study areas subject to

price cap regulation, pursuant to § 61.41

of this chapter, shall assign the balance

of Account 6620-Services to the

subcategories, as specified in

§§ 36.377(a)(2)(i) through

36.377(a)(2)(vi), based on the relative

percentage assignment of the balance of

Account 6620 to these categories/

subcategories during the twelve month

period ending December 31, 2000.

Effective July 1, 2001 through June 30,

2006, all study areas shall apportion

TWX payment and collection expense,

as specified in § 36.377(2)(vi) among the

jurisdictions using relative billed TWX

revenues for the twelve-month period

ending December 31, 2000. All other

subcategories of End User payment and

collection expense, as specified in

§§ 36.377(a)(2)(i) through

36.377(a)(2)(vi), shall be directly

assigned.

(3) * * *

(vii) Effective July 1, 2001, through

June 30, 2006, study areas subject to

price cap regulation, pursuant to § 61.41

of this chapter, shall assign the balance

of Account 6620-Services to the

subcategories, as specified in

§§ 36.377(a)(3)(i) through

36.377(a)(3)(vi), based on the relative

percentage assignment of the balance of

Account 6620 to these subcategories

during the twelve month period ending

December 31, 2000. Effective July 1,

2001 through June 30, 2006, all study

areas shall apportion TWX billing

inquiry expense, as specified in

§ 36.377(a)(3)(v) among the jurisdictions

using relative billed TWX revenues for

the twelve-month period ending

December 31, 2000. All other

subcategories of End user billing inquiry

expense, as specified in

§§ 36.377(a)(3)(i) through

36.377(a)(3)(vi), shall be directly

assigned.

(4) * * *

(vii) Effective July 1, 2001 through

June 30, 2006, study areas subject to

price cap regulation, pursuant to § 61.41

of this chapter, shall assign the balance

of Account 6620–Services to the

subcategories, as specified in

§§ 36.377(a)(4)(i) through

36.377(a)(4)(vi), based on the relative

percentage assignment of the balance of

Account 6620 to these subcategories

during the twelve month period ending

December 31, 2000. All subcategories of

Interexchange carrier service order

processing expense, as specified in

§§ 36.377(a)(4)(i) through

36.377(a)(4)(vi), shall be directly

assigned.

(5) * * *

(vii) Effective July 1, 2001 through

June 30, 2006, study areas subject to

price cap regulation, pursuant to § 61.41

of this chapter, shall assign the balance

33208 Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Rules and Regulations

of Account 6620–Services to the

subcategories, as specified in

§§ 36.377(a)(5)(i) through

36.377(a)(5)(vi), based on the relative

percentage assignment of the balance of

Account 6620 to these subcategories

during the twelve month period ending

December 31, 2000. All subcategories of

Interexchange carrier payment expense,

as specified in §§ 36.377(a)(5)(i) through

36.377(a)(5)(vi), shall be directly

assigned.

(6) * * *

(vii) Effective July 1, 2001 through

June 30, 2006, study areas subject to

price cap regulation, pursuant to § 61.41

of this chapter, shall assign the balance

of Account 6620–Services to the

subcategories, as specified in

§ 36.377(a)(6)(i) through 36.377(a)(6)(vi),

based on the relative percentage

assignment of the balance of Account

6620 to these subcategories during the

twelve month period ending December

31, 2000. All subcategories of

Interchange carrier billing inquiry

expense, as specified in

§§ 36.377(a)(6)(i) through

36.377(a)(6)(vi), shall be directly

assigned.

(7) * * *

(i) Effective July 1, 2001 through June

30, 2006, study areas subject to price

cap regulation, pursuant to § 61.41 of

this chapter, shall assign the balance of

Account 6620–Services to the

subcategories, as specified in

§ 36.377(a)(7), based on the relative

percentage assignment of the balance of

Account 6620 to these subcategories

during the twelve month period ending

December 31, 2000.

(ii) Effective July 1, 2001 through June

30, 2006, all study areas shall apportion

Coin collection and administration

expense among the jurisdictions using

the relative state and interstate revenues

deposited in the public and semi-public

telephones, as specified in

§§ 36.377(a)(7), for the twelve month

period ending December 31, 2000.

Direct assignment of any Coin collection

and administration expense among the

jurisdictions shall be updated annually.

21. Amend § 36.378 by adding

paragraph (b)(1) and adding and

reserving paragraph (b)(2) to read as

follows:

§ 36.378 Category 2—Customer services

(revenue accounting).

* * * * *

(b) * * *

(1) Effective July 1, 2001 through June

30, 2006, study areas subject to price

cap regulation, pursuant to § 61.41 of

this chapter, shall assign the balance of

Account 6620–Services to the

classifications, as specified in

§ 36.378(b), based on the relative

percentage assignment of the balance of

Account 6620 to those classifications

during the twelve month period ending

December 31, 2000.

(2) [Reserved]

* * * * *

22. Amend § 36.379 by adding

paragraphs (b)(1) and (b)(2) to read as

follows:

§ 36.379 Message processing expense.

* * * * *

(b) * * *

(1) Effective July 1, 2001 through June

30, 2006, study areas subject to price

cap regulation, pursuant to § 61.41 of

this chapter, shall assign the balance of

Account 6620–Services to the

subcategories, as specified in

§ 36.379(b), based on the relative

percentage assignment of the balance of

Account 6620 to those subcategories

during the twelve month period ending

December 31, 2000.

(2) Effective July 1, 2001 through June

30, 2006, all study areas shall apportion

Toll Ticketing Processing Expense

among the jurisdictions using the

relative number of toll messages for the

twelve-month period ending December

31, 2000. Local Message Process

Expense is assigned to the state

jurisdiction.

23. Amend § 36.380 by adding

paragraphs (d) and (e) to read as follows:

§ 36.380 Other billing and collecting

expense.

* * * * *

(d) Effective July 1, 2001 through June

30, 2006, study areas subject to price

cap regulation, pursuant to § 61.41 of

this chapter, shall assign the balance of

Account 6620–Services to the Other

billing and collecting expense

classification based on the relative

percentage assignment of the balance of

Account 6620 to those subcategory

during the twelve month period ending

December 31, 2000.

(e) Effective July 1, 2001 through June

30, 2006, all study areas shall apportion

Other billing and collecting expense

among the jurisdictions using the

allocation factor utilized, pursuant to

§§ 36.380(b) or 36.380(c), for the twelve

month period ending December 31,

2000.

24. Amend § 36.381 by adding

paragraphs (c) and (d) to read as follows:

§ 36.381 Carrier access charge billing and

collecting expense.

* * * * *

(c) Effective July 1, 2001, through June

30, 2006, study areas subject to price

cap regulation, pursuant to § 61.41 of

this chapter, shall assign the balance of

Account 6620–Services to the Carrier

access charge billing and collecting

expense classification based on the

relative percentage assignment of the

balance of Account 6620 to that

classification during the twelve month

period ending December 31, 2000.

(d) Effective July 1, 2001, through

June 30, 2006, all study areas shall

apportion Carrier access charge billing

and collecting expense among the

jurisdictions using the allocation factor,

pursuant to § 36.381(b), for the twelvemonth period ending December 31,

2000.

1. Revise § 36.382 to read as follows:

§ 36.382 Category 3—All other customer

services expense.

(a) Effective July 1, 2001, through June

30, 2006, study areas subject to price

cap regulation, pursuant to § 61.41 of

this chapter, shall assign the balance of

Account 6620–Services to this category

based on the relative percentage

assignment of the balance of Account

6620 to this category during the twelve

month period ending December 31,

2000.

(b) Category 3 is apportioned on the

basis of Categories 1 and 2.

[FR Doc. 01–15564 Filed 6–20–01; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 64

[CC Docket Nos. 00–257 and 94–129; FCC

01–156]

2000 Biennial Review-Review of

Policies and Rules Concerning

Unauthorized Changes of Consumers

Long Distance Carriers

AGENCY: Federal Communications

Commission.

ACTION: Final rule; announcement of

effective date.

SUMMARY: This document announces the

effective date of certain carrier change

authorization and verification rules

adopted in the First Report and Order in

CC Docket No. 00–257 and Fourth

Report and Order in CC Docket No. 94–

129 (Order) in our slamming

proceeding. A summary of the Order

was published in the Federal Register

on May 22, 2001 and a correction to that

summary was published in the Federal

Register on June 6, 2001.

DATES: The amendments to 47 CFR

64.1120(e) published at 66 FR 28117

(May 22, 2001) become effective on June

21, 2001.