80 FR 15906 - Connect America Fund; Developing a Unified Intercarrier Compensation Regime
FEDERAL COMMUNICATIONS COMMISSION Federal Register Volume 80, Issue 58 (March 26, 2015)
Federal Register Volume 80, Issue 58 (March 26, 2015)
| Page Range | 15906-15909 | |
| FR Document | 2015-06642 |
[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)] [Rules and Regulations] [Pages 15906-15909] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06642] ======================================================================= ----------------------------------------------------------------------- FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 51 [WC Docket No. 10-90, CC Docket No. 01-92; DA 15-249] Connect America Fund; Developing a Unified Intercarrier Compensation Regime AGENCY: Federal Communications Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this document, the Federal Communications Commission's Wireline Competition Bureau clarifies certain rules related to the implementation of the intercarrier compensation transition for rate-of- return local exchange carriers adopted in the USF/ICC Transformation Order. Specifically, the Bureau clarifies the Commission's rules governing Eligible Recovery calculations to address limited unanticipated results of the application of the true-up process evidenced by the rate-of-return carriers' 2014 annual access tariff filings. DATES: Effective April 27, 2015. FOR FURTHER INFORMATION CONTACT: Pamela Arluk, Wireline Competition Bureau, Pricing Policy Division, (202) 418-1520 or (202) 418-0484 (TTY); or Robin Cohn, Wireline Competition Bureau, Pricing Policy Division, (202) 418-1520 or (202) 418-0484 (TTY). SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order in WC Docket No. 10-90 and CC Docket No. 01-92, adopted and released on February 24, 2015. The full text of this document can be viewed at the following Internet address: https://apps.fcc.gov/edocs_public/attachmatch/DA-15-249A1.docx. The full text of this document is also available for public inspection during regular business hours in the FCC Reference Center, 445 12th Street SW., Room CY-A257, Washington, DC 20554. To request materials in accessible formats for people with disabilities (e.g. braille, large print, electronic files, audio format, etc.) or to request reasonable accommodations (e.g. accessible format documents, sign language interpreters, CART, etc.), send an email to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). I. Introduction 1. In the USF/ICC Transformation Order, the Commission delegated to the Wireline Competition Bureau (Bureau) the authority to make any rule revisions [[Page 15907]] necessary to ensure that the intercarrier compensation (ICC) reforms adopted by the Commission are properly reflected in the Commission's rules, including correction of any conflicts between the new or revised rules and addressing any omissions or oversights. In the Order, the Bureau acts pursuant to its delegated authority to clarify certain rules relating to implementation of the ICC transition for rate-of- return local exchange carriers (LECs) adopted in the USF/ICC Transformation Order. We clarify the Commission's rules governing Eligible Recovery calculations under Sec. 51.917(d) to address a limited number of unanticipated results associated with application of the true-up process that became apparent in rate-of-return carriers' 2014 annual access tariff filings. Specifically, we clarify that a rate-of-return carrier that received too much Eligible Recovery in 2012-13 because of an under-projection of demand for that tariff period, and does not have sufficient Eligible Recovery in 2014-15 to fully offset the 2012-13 amount of over-recovery, must refund the amount that is not offset to the Universal Service Administrative Company (USAC) to avoid duplicative recovery. Additionally, to ensure a carrier receives the Eligible Recovery it was entitled to in 2012-13, we clarify that a rate-of-return carrier that received too little Eligible Recovery in 2012-13 because of an over-projection of demand for that tariff period may seek recovery for any amounts it was not able to recover through its 2014-15 Eligible Recovery from USAC. We also revise Sec. 51.917 of the Commission's rules to address similar discrepancies that may occur in future years as a result of the true-up process. II. Background 2. In the USF/ICC Transformation Order, the Commission adopted, among other things, rules to implement the ICC reform timeline that require carriers to adjust, over a period of years, many of their legacy ICC rates effective on July 1 of each of those years, with the ultimate goal of transitioning to a bill-and-keep regime. The Commission also adopted a recovery mechanism to mitigate the impact of reduced ICC revenues on carriers and to facilitate continued investment in broadband infrastructure while providing greater certainty and predictability going forward. The recovery mechanism allows incumbent LECs to recover ICC revenues reduced due to the ICC reforms, up to an amount defined for each year of the transition, which is referred to as ``Eligible Recovery.'' A Rate-of-Return carrier initially may recover its Eligible Recovery each year from its end users through the Access Recovery Charge (ARC) subject to an annual cap. If the projected ARC revenues do not recover the entire Eligible Recovery amount, the carrier may elect to collect the remainder from Connect America Fund ICC support. 3. For rate-of-return LECs, the calculation each year of a carrier's Eligible Recovery begins with its Base Period Revenue (BPR). A rate-of-return carrier's BPR is the sum of certain ICC intrastate switched access revenues and net reciprocal compensation revenues received by March 31, 2012, for services provided during FY 2011, and the projected revenue requirement for interstate switched access services provided during the 2011-2012 tariff period. The BPR for rate- of-return carriers was reduced by 5% initially and is reduced by an additional 5% in each year of the transition. A rate-of-return LEC's Eligible Recovery is equal to the adjusted BPR for the year in question less, for each relevant year of the transition, the sum of (1) projected intrastate switched access revenue; (2) projected interstate switched access revenue; and (3) projected net reciprocal compensation revenue. 4. Beginning in 2014, the recovery mechanism also incorporates in the Eligible Recovery calculation a true-up of the revenue difference between projected and actual demand for interstate and intrastate switched access services, reciprocal compensation, and the ARC for the tariff period that began two years earlier. This adjustment measures the extent to which a carrier received more or less than the revenues it projected for the earlier period and thus whether it received too little, or too much, Eligible Recovery through ARCs and/or Connect America Fund ICC support for that period. The true-up is achieved by adjusting the later tariff period's Eligible Recovery to account for the carrier's revenue variance resulting from differences between projected and actual demand for the prior period. The true-up process ensures that rate-of-return carriers at a minimum have the opportunity to receive their adjusted BPR, notwithstanding changes in demand for their intercarrier compensation rates being capped or reduced. The true-up process does not require that a carrier that has negative Eligible Recovery, meaning the carrier received revenues in excess of its adjusted BPR from its interstate and intrastate switched access and reciprocal compensation alone and not through an ARC or Connect America Fund ICC support, to refund any of the revenues it received. 5. To provide context for how the true-up process works, the following two examples demonstrate scenarios in which the carrier either under-projected or over-projected its revenues, and thus must engage in a true-up calculation pursuant to Sec. 51.917(d)(1)(iii)- (iv) of the Commission's rules. In this first example, Carrier A under- projected its actual revenues and received too much Eligible Recovery for the 2012-2013 tariff period. Carrier A had a BPR of $100.00, a projected revenue amount of $80.00 and an actual revenue amount of $85.00: 2012-2013 BPR is $100.00 x .95 = $95.00 (Adjusted BPR) 2012-2013 Total Projected Revenues = $80.00 2012-2013 Eligible Recovery (Adjusted BPR-Projected Revenues) = $15.00 2012-2013 Total Actual Revenues = $85.00 Projected Revenue--Actual Revenue = $-5.00 (true-up amount) 2014-2015 Eligible Recovery adjusted by $-5.00 As a result of its under-projection, Carrier A would need to reduce its 2014-2015 tariff period Eligible Recovery by five dollars to reflect the difference between its actual revenues and projected revenues for the 2012-2013 tariff period. 6. Conversely, in the second example, Carrier B over-projected its revenue amounts in the 2012-2013 tariff period, and it would need to increase its 2014-2015 Eligible Recovery amounts to reflect the difference. Carrier B had a BPR of $100.00, a projected revenue amount of $85.00 and an actual revenue amount of $80.00: 2012-2013 BRP is $100.00 x .95 = $95.00 (Adjusted BPR) 2012-2013 Total Projected Revenues = $85.00 2012-2013 Eligible Recovery (Adjusted BPR-Projected Revenues) = $10.00 2012-2013 Total Actual Revenues = $80.00 Projected Revenue-Actual Revenue = $5.00 (true-up amount) 2014-2015 Eligible Recovery adjusted by $5.00 Thus, in this example, the carrier will need to increase its 2014-2015 Eligible Recovery amount by five dollars to reflect the difference between its actual revenues and projected revenues for the 2012-2013 tariff period. III. Discussion 7. As noted above, the 2014 annual tariff filing was the first time that Eligible Recovery was adjusted to [[Page 15908]] incorporate a true-up of projected demand used in calculating Eligible Recovery for an earlier tariff period. The true-up process is designed to provide certainty to rate-of-return carriers by accounting for any difference between projected and actual switched access revenues, reciprocal compensation revenues, or ARC revenues due to demand variations. As the above examples and the illustration in the USF/ICC Transformation Order (which similarly shows operation of the true-up process when a carrier both overestimated and underestimated its projected revenues for the first year of the ICC reforms adopted by the Commission) demonstrate, a carrier's Eligible Recovery was to be adjusted either upward or downward based on any such differences. As the illustration in the USF/ICC Transformation Order reflects, the Commission expected that the amount of any adjustment could be completely offset through adjustments to the amount of Eligible Recovery for which ARC rates could be assessed and Connect America Fund ICC support could be received. 8. In conjunction with the 2014 annual tariff filing process, NECA informally sought clarification concerning a limited number of cases in which the true-up process did not work as outlined above and for which the rules do not provide an unambiguous resolution. In the Order, we clarify how rate-of-return carriers and USAC should address the 2014-15 fact scenarios described below, consistent with the policy goals of the USF/ICC Transformation Order, and revise the Commission's rules, as set forth in the Appendix, to provide clarity for future tariff periods. 9. The first set of facts identified by NECA involves several carriers whose 2012-13 tariff period projected demand was underestimated compared to their ultimate actual demand. Each carrier therefore received too much Eligible Recovery in 2012-13, and, under the rules, their 2014-15 Eligible Recovery should be reduced by the amount of revenues associated with the demand difference. The carriers' Eligible Recovery for 2014-15 before reflecting the true-up adjustment, however, was not large enough to offset completely the true-up reduction from the 2012-13 tariff period. Thus, the excess Eligible Recovery carriers received during the 2012-13 tariff period has not been fully offset, and the carriers would be left with duplicative recovery in contravention of Sec. 51.917(d)(1)(vii) of the rules absent clarification to specify the procedures to be followed under these circumstances. We accordingly clarify that carriers that are in this situation with respect to their 2014-15 Eligible Recovery calculation must refund to USAC the amount of the excess recovery that was not offset within thirty (30) days of the effective date of the Order. Consistent with the rules we adopt, as set forth in the Appendix, in the future a carrier in this situation must refund excess amounts to USAC by August 1 following the date of the annual access tariff filing. 10. The second set of facts that NECA sought clarification on involves several carriers who overestimated their 2012-13 tariff period projected demand compared to the resulting actual demand. Thus, to the extent carriers would have been entitled to Eligible Recovery for tariff period 2012-13 if they had accurately projected their demand, these carriers received too little Eligible Recovery in tariff period 2012-13. The affected carriers also have negative Eligible Recovery in the 2014-15 tariff period before adjusting for any true-ups. Absent a clarification of our rules, these carriers would not receive the same level of revenues they would have been entitled to if they had projected their demand accurately in the 2012-13 tariff period. This occurs because the positive amount of the 2012-13 under-recovery would be reduced by the negative 2014-15 Eligible Recovery amount before further Eligible Recovery would be possible in tariff period 2014-15. This would deprive such carriers of the cash flow certainty the Commission sought to provide carriers through the recovery mechanism. As explained above, carriers that have negative Eligible Recovery were allowed to retain any revenues received through intercarrier revenue payments, consistent with the transition from strict rate-of-return regulation to incentive regulation. We accordingly clarify that those carriers that were in this situation with respect to their tariff period 2014-15 Eligible Recovery calculation may seek recovery of 2012- 13 true-up under-recovery from USAC and are not required to offset the 2012-13 amounts they could have received in Eligible Recovery in the 2012-13 tariff period if they had projected demand correctly against their 2014-15 negative Eligible Recovery. The carrier's Eligible Recovery from USAC shall be equal to the amount of the 2012-13 true-up that a carrier could have recovered through Eligible Recovery in the 2012-13 tariff period if it had accurately projected demand and which amount a carrier was unable to recover as Eligible Recovery in tariff period 2014-15. Consistent with the rules we adopt in the Appendix, in the future a carrier in this situation must treat the amount eligible for true-up as its Eligible Recovery for the true-up tariff period and flow that amount through the normal procedures associated with the recovery mechanism. This is consistent with the priorities established for recovery of Eligible Recovery in the USF/ICC Transformation Order. 11. Finally, we clarify how ARC rates are to be handled in making Eligible Recovery calculations in light of mid-year revisions that some carriers have made to their ARC rates after discovering errors in the rates that were charged. The Commission's rules do not address applicable procedures for addressing such rate changes. If a carrier assessed an ARC rate that was too high for part of a tariff period, it must use this higher rate and the associated demand for that time period in calculating future true-ups for that tariff period. Failure to account for the higher ARC rates for the period in question would constitute impermissible duplicative recovery because, without this treatment, the carrier would have received the ARC revenues without having to offset Eligible Recovery to reflect their receipt. We also take this opportunity to remind carriers that if they charge ARCs that are below the maximum rate that could have been charged, whether for the whole year or for part of a year, they are required to impute the maximum rate that they could have assessed for purposes of determining the carrier's Eligible Recovery. These clarifications help to ensure that the recovery mechanism adopted for rate-of-return carriers in the USF/ICC Transformation Order works as intended. IV. Procedural Matters A. Paperwork Reduction Act 12. This document does not contain any new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA). In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002. B. Final Regulatory Flexibility Act Certification 13. The Regulatory Flexibility Act of 1980, as amended (RFA), requires that a regulatory flexibility analysis be prepared for rulemaking proceedings, unless the agency certifies that ``the rule will not have a significant economic [[Page 15909]] 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). 14. We hereby certify that the rule revisions adopted in the Order will not have a significant economic impact on a substantial number of small entities. The Order amends rules adopted in the USF/ICC Transformation Order by correcting conflicts between the new or revised rules and existing rules, as well as addressing omissions or oversights. These revisions do not create any burdens, benefits, or requirements that were not addressed by the Final Regulatory Flexibility Analysis attached to the USF/ICC Transformation Order. The Commission will send a copy of the Order, including a copy of this final certification, to the Chief Counsel for Advocacy of the SBA. In addition, the Order (or a summary thereof) and certification will be published in the Federal Register. C. Congressional Review Act 15. The Commission will send a copy of the Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act. V. Ordering Clauses 16. Accordingly, it is ordered, that pursuant to the authority contained in sections 1, 2, 4(i), 201-203, 220, 251, 252, 254, 303(r) and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 201-203, 220, 251, 252, 254, 303(r) and 403, and pursuant to Sec. Sec. 0.91, 0.201(d), 0.291, 1.3, and 1.427 of the Commission's rules, 47 CFR 0.91, 0.201(d), 0.291, 1.3 and 1.427, and pursuant to the delegation of authority in paragraph 1404 of 26 FCC Rcd 17663 (2011), the Order and the rules revising part 51 of the Commission's rules are adopted, effective April 27, 2015. 17. It is further ordered that the Commission shall send a copy of this Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act. 18. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of the Order, including the Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects in 47 CFR Part 51 Communications common carriers, Telecommunications. Federal Communications Commission. Deena M. Shetler, Associate Chief, Wireline Competition Bureau. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 51 as follows: PART 51--INTERCONNECTION 0 1. The authority citation for part 51 continues to read as follows: Authority: Sections 1-5, 7, 201-05, 207-09, 218, 220, 225-27, 251-54, 256, 271, 303(r), 332, 706 of the Telecommunication Act of 1996, 48 Stat. 1070, as amended, 1077; 47 U.S.C. 151-55, 157, 201- 05, 207-09, 218, 220, 225-27, 251-54, 256, 271, 303(r), 332, 1302, 47 U.S.C. 157 note, unless otherwise noted. Subpart J--Transitional Access Service Pricing 0 2. Section 51.917 is amended by adding paragraphs (d)(1)(viii)(A) and (B) to read as follows: Sec. 51.917 Revenue recovery for rate-of-return carriers. * * * * * (d) * * * (1) * * * (viii) * * * (A) If a Rate-of-Return Carrier in any tariff period underestimates its projected demand for services covered by Sec. 51.917(b)(6) or 51.915(b)(13), and thus has too much Eligible Recovery in that tariff period, it shall refund the amount of any such True-up Revenues or True-up Revenues for Access Recovery Charge that are not offset by the Rate-of-Return Carrier's Eligible Recovery (calculated before including the true-up amounts in the Eligible Recovery calculation) in the true- up tariff period to the Administrator by August 1 following the date of the Rate-of-Return Carrier's annual access tariff filing. (B) If a Rate-of-Return Carrier in any tariff period receives too little Eligible Recovery because it overestimates its projected demand for services covered by Sec. 51.917(b)(6) or 51.915(b)(13), which True-up Revenues and True-up Revenues for Access Recovery Charge it cannot recover in the true-up tariff period because the Rate-of-Return Carrier has a negative Eligible Recovery in the true-up tariff period (before calculating the true-up amount in the Eligible Recovery calculation), the Rate-of-Return Carrier shall treat the unrecoverable true-up amount as its Eligible Recovery for the true-up tariff period. * * * * * [FR Doc. 2015-06642 Filed 3-25-15; 8:45 am] BILLING CODE 6712-01-P
![15906 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations
investigation to assess the nature and CERCLA section 305, which provides Dated: March 16, 2015.
extent of public health and for a legislative veto of regulations Mathy Stanislaus,
environmental risks associated with a promulgated under CERCLA. Although Assistant Administrator, Office of Solid Waste
release of hazardous substances, INS v. Chadha, 462 U.S. 919,103 S. Ct. and Emergency Response.
pollutants or contaminants. The NPL is 2764 (1983), and Bd. of Regents of the
of only limited significance as it does University of Washington v. EPA, 86 40 CFR part 300 is amended as
not assign liability to any party. Also, F.3d 1214,1222 (D.C. Cir. 1996), cast the follows:
placing a site on the NPL does not mean validity of the legislative veto into
PART 300—NATIONAL OIL AND
that any remedial or removal action question, the EPA has transmitted a
HAZARDOUS SUBSTANCES
necessarily need be taken. copy of this regulation to the Secretary
of the Senate and the Clerk of the House POLLUTION CONTINGENCY PLAN
K. Congressional Review Act
of Representatives.
This action is subject to the CRA, and If action by Congress under either the ■ 1. The authority citation for Part 300
the EPA will submit a rule report to CRA or CERCLA section 305 calls the continues to read as follows:
each House of the Congress and to the effective date of this regulation into Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
Comptroller General of the United question, the EPA will publish a 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
States. This action is not a ‘‘major rule’’ document of clarification in the Federal 2013 Comp., p.306; E.O. 12777, 56 FR 54757,
as defined by 5 U.S.C. 804(2). Register. 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR
Provisions of the Congressional 2923, 3 CFR, 1987 Comp., p.193.
Review Act (CRA) or section 305 of List of Subjects in 40 CFR Part 300
■ 2. Table 1 of Appendix B to Part 300
CERCLA may alter the effective date of Environmental protection, Air
is amended by adding entries for
this regulation. Under 5 U.S.C. pollution control, Chemicals, Hazardous
‘‘Kokomo Contaminated Ground Water
801(b)(1), a rule shall not take effect, or substances, Hazardous waste,
Plume’’ and ‘‘DSC McLouth Steel
continue in effect, if Congress enacts Intergovernmental relations, Natural
Gibraltar Plant’’ in alphabetical order by
(and the President signs) a joint resources, Oil pollution, Penalties,
state to read as follows:
resolution of disapproval, described Reporting and recordkeeping
under section 802. Another statutory requirements, Superfund, Water Appendix B to Part 300—National
provision that may affect this rule is pollution control, Water supply. Priorities List
TABLE 1—GENERAL SUPERFUND SECTION
State Site name City/county Notes a
* * * * * * *
IN ........................ Kokomo Contaminated Ground Water Plume ....................................... Kokomo
* * * * * * *
MI ........................ DSC McLouth Steel Gibraltar Plant ...................................................... Gibraltar
* * * * * * *
aA= Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater
than or equal to 28.50).
* * * * * compensation transition for rate-of- following Internet address: https://
[FR Doc. 2015–06696 Filed 3–25–15; 8:45 am] return local exchange carriers adopted apps.fcc.gov/edocs_public/attachmatch/
BILLING CODE 6560–50–P in the USF/ICC Transformation Order. DA-15-249A1.docx. The full text of this
Specifically, the Bureau clarifies the document is also available for public
Commission’s rules governing Eligible inspection during regular business
FEDERAL COMMUNICATIONS Recovery calculations to address limited hours in the FCC Reference Center, 445
COMMISSION unanticipated results of the application 12th Street SW., Room CY–A257,
of the true-up process evidenced by the Washington, DC 20554. To request
47 CFR Part 51 rate-of-return carriers’ 2014 annual materials in accessible formats for
access tariff filings. people with disabilities (e.g. braille,
[WC Docket No. 10–90, CC Docket No. 01– large print, electronic files, audio
92; DA 15–249] DATES: Effective April 27, 2015.
format, etc.) or to request reasonable
FOR FURTHER INFORMATION CONTACT:
Connect America Fund; Developing a accommodations (e.g. accessible format
Pamela Arluk, Wireline Competition documents, sign language interpreters,
Unified Intercarrier Compensation Bureau, Pricing Policy Division, (202)
Regime CART, etc.), send an email to fcc504@
418–1520 or (202) 418–0484 (TTY); or fcc.gov or call the Consumer &
AGENCY: Federal Communications Robin Cohn, Wireline Competition Governmental Affairs Bureau at (202)
Commission. Bureau, Pricing Policy Division, (202) 418–0530 (voice) or (202) 418–0432
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418–1520 or (202) 418–0484 (TTY). (TTY).
ACTION: Final rule.
SUPPLEMENTARY INFORMATION: This is a
SUMMARY: In this document, the Federal summary of the Commission’s Order in I. Introduction
Communications Commission’s WC Docket No. 10–90 and CC Docket 1. In the USF/ICC Transformation
Wireline Competition Bureau clarifies No. 01–92, adopted and released on Order, the Commission delegated to the
certain rules related to the February 24, 2015. The full text of this Wireline Competition Bureau (Bureau)
implementation of the intercarrier document can be viewed at the the authority to make any rule revisions
VerDate Sep<11>2014 17:09 Mar 25, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\26MRR1.SGM 26MRR1](https://thefederalregister.org/doc/80_FR_15964/page/1.svg)
![Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 15909
impact on a substantial number of small Information Center, shall send a copy of period because the Rate-of-Return
entities.’’ The RFA generally defines the Order, including the Final Carrier has a negative Eligible Recovery
‘‘small entity’’ as having the same Regulatory Flexibility Certification, to in the true-up tariff period (before
meaning as the terms ‘‘small business,’’ the Chief Counsel for Advocacy of the calculating the true-up amount in the
‘‘small organization,’’ and ‘‘small Small Business Administration. Eligible Recovery calculation), the Rate-
governmental jurisdiction.’’ In addition, of-Return Carrier shall treat the
the term ‘‘small business’’ has the same List of Subjects in 47 CFR Part 51 unrecoverable true-up amount as its
meaning as the term ‘‘small business Communications common carriers, Eligible Recovery for the true-up tariff
concern’’ under the Small Business Act. Telecommunications. period.
A small business concern is one which: Federal Communications Commission. * * * * *
(1) Is independently owned and Deena M. Shetler, [FR Doc. 2015–06642 Filed 3–25–15; 8:45 am]
operated; (2) is not dominant in its field BILLING CODE 6712–01–P
Associate Chief, Wireline Competition
of operation; and (3) satisfies any Bureau.
additional criteria established by the
Small Business Administration (SBA). For the reasons discussed in the
DEPARTMENT OF DEFENSE
14. We hereby certify that the rule preamble, the Federal Communications
revisions adopted in the Order will not Commission amends 47 CFR part 51 as Defense Acquisition Regulations
have a significant economic impact on follows: System
a substantial number of small entities.
The Order amends rules adopted in the PART 51—INTERCONNECTION 48 CFR Parts 225 and 236
USF/ICC Transformation Order by
■ 1. The authority citation for part 51 RIN 0750–AI52
correcting conflicts between the new or
continues to read as follows:
revised rules and existing rules, as well Defense Federal Acquisition
as addressing omissions or oversights. Authority: Sections 1–5, 7, 201–05, 207–
09, 218, 220, 225–27, 251–54, 256, 271, Regulation Supplement: Use of Military
These revisions do not create any Construction Funds (DFARS Case
burdens, benefits, or requirements that 303(r), 332, 706 of the Telecommunication
Act of 1996, 48 Stat. 1070, as amended, 1077; 2015–D006)
were not addressed by the Final 47 U.S.C. 151–55, 157, 201–05, 207–09, 218,
Regulatory Flexibility Analysis attached AGENCY: Defense Acquisition
220, 225–27, 251–54, 256, 271, 303(r), 332,
to the USF/ICC Transformation Order. 1302, 47 U.S.C. 157 note, unless otherwise Regulations System, Department of
The Commission will send a copy of the noted. Defense (DoD).
Order, including a copy of this final ACTION: Interim rule.
certification, to the Chief Counsel for Subpart J—Transitional Access
Advocacy of the SBA. In addition, the Service Pricing SUMMARY: DoD is issuing an interim rule
Order (or a summary thereof) and amending the Defense Federal
certification will be published in the ■ 2. Section 51.917 is amended by Acquisition Regulation Supplement
Federal Register. adding paragraphs (d)(1)(viii)(A) and (B) (DFARS) to implement sections of the
to read as follows: Military Construction and Veterans
C. Congressional Review Act Affairs and Related Agencies
§ 51.917 Revenue recovery for rate-of- Appropriations Act, 2015, that require
15. The Commission will send a copy return carriers.
of the Order to Congress and the offerors bidding on DoD military
Government Accountability Office * * * * * construction contracts to provide
pursuant to the Congressional Review (d) * * * opportunity for competition to
Act. (1) * * * American steel producers, fabricators,
(viii) * * * and manufacturers; and restrict use of
V. Ordering Clauses (A) If a Rate-of-Return Carrier in any military construction funds in certain
16. Accordingly, it is ordered, that tariff period underestimates its foreign countries, including countries
pursuant to the authority contained in projected demand for services covered that border the Arabian Gulf.
sections 1, 2, 4(i), 201–203, 220, 251, by § 51.917(b)(6) or 51.915(b)(13), and DATES: Effective March 26, 2015.
252, 254, 303(r) and 403 of the thus has too much Eligible Recovery in Comment Date: Comments on the
Communications Act of 1934, as that tariff period, it shall refund the interim rule should be submitted in
amended, 47 U.S.C. 151, 152, 154(i), amount of any such True-up Revenues writing to the address shown below on
201–203, 220, 251, 252, 254, 303(r) and or True-up Revenues for Access or before May 26, 2015, to be considered
403, and pursuant to §§ 0.91, 0.201(d), Recovery Charge that are not offset by in the formation of a final rule.
0.291, 1.3, and 1.427 of the the Rate-of-Return Carrier’s Eligible ADDRESSES: Submit comments
Commission’s rules, 47 CFR 0.91, Recovery (calculated before including identified by DFARS Case 2015–D006,
0.201(d), 0.291, 1.3 and 1.427, and the true-up amounts in the Eligible using any of the following methods:
pursuant to the delegation of authority Recovery calculation) in the true-up Æ Regulations.gov: http://
in paragraph 1404 of 26 FCC Rcd 17663 tariff period to the Administrator by www.regulations.gov. Submit comments
(2011), the Order and the rules revising August 1 following the date of the Rate- via the Federal eRulemaking portal by
part 51 of the Commission’s rules are of-Return Carrier’s annual access tariff entering ‘‘DFARS Case 2015–D006’’
adopted, effective April 27, 2015. filing. under the heading ‘‘Enter keyword or
17. It is further ordered that the (B) If a Rate-of-Return Carrier in any ID’’ and selecting ‘‘Search.’’ Select the
mstockstill on DSK4VPTVN1PROD with RULES
Commission shall send a copy of this tariff period receives too little Eligible link ‘‘Submit a Comment’’ that
Order to Congress and the Government Recovery because it overestimates its corresponds with ‘‘DFARS Case 2015–
Accountability Office pursuant to the projected demand for services covered D006.’’ Follow the instructions provided
Congressional Review Act. by § 51.917(b)(6) or 51.915(b)(13), which at the ‘‘Submit a Comment’’ screen.
18. It is further ordered that the True-up Revenues and True-up Please include your name, company
Commission’s Consumer and Revenues for Access Recovery Charge it name (if any), and ‘‘DFARS Case 2015–
Governmental Affairs Bureau, Reference cannot recover in the true-up tariff D006’’ on your attached document.
VerDate Sep<11>2014 17:09 Mar 25, 2015 Jkt 235001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\26MRR1.SGM 26MRR1](https://thefederalregister.org/doc/80_FR_15964/page/4.svg)
Document Created: 2015-12-18 11:46:43
Document Modified: 2015-12-18 11:46:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective April 27, 2015. | |
| Contact | Pamela Arluk, Wireline Competition Bureau, Pricing Policy Division, (202) 418-1520 or (202) 418-0484 (TTY); or Robin Cohn, Wireline Competition Bureau, Pricing Policy Division, (202) 418-1520 or (202) 418-0484 (TTY). | |
| FR Citation | 80 FR 15906 | |
| CFR Associated | Communications Common Carriers and Telecommunications |
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