82_FR_20918 82 FR 20833 - Comprehensive Review of the Uniform System of Accounts, Jurisdictional Separations and Referral to the Federal-State Joint Board

82 FR 20833 - Comprehensive Review of the Uniform System of Accounts, Jurisdictional Separations and Referral to the Federal-State Joint Board

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 85 (May 4, 2017)

Page Range20833-20843
FR Document2017-07175

In this document, the Federal Communications Commission (Commission) completes its proceeding to review the Uniform System of Accounts (USOA) to minimize the compliance burdens on carriers while ensuring that the agency retains access to the information it needs to fulfill its regulatory duties.

Federal Register, Volume 82 Issue 85 (Thursday, May 4, 2017)
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Rules and Regulations]
[Pages 20833-20843]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07175]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 32, and 65

[WC Docket No. 14-130, CC Docket No. 80-286; FCC 17-15]


Comprehensive Review of the Uniform System of Accounts, 
Jurisdictional Separations and Referral to the Federal-State Joint 
Board

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Federal Communications Commission 
(Commission) completes its proceeding to review the Uniform System of 
Accounts (USOA) to minimize the compliance burdens on carriers while 
ensuring that the agency retains access to the information it needs to 
fulfill its regulatory duties.

DATES: The rules adopted in this document shall become effective on 
January 1, 2018, with the exception of amendments to Sec. Sec.  1.1409 
and 32.1, which shall become effective following publication in the 
Federal Register of a document announcing approval by OMB of these 
amendments.

FOR FURTHER INFORMATION CONTACT: Robin Cohn, Wireline Competition 
Bureau, Pricing Policy Division at (202) 418-2747 or at 
[email protected], or Nicole Ongele, Office of Managing Director at 
(202) 418-2991 or at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, WC Docket No. 14-130, CC Docket 80-286; FCC 17-15, adopted 
February 23, 2017 and released February 24, 2017. The full text of this 
document may be downloaded at https://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0228/FCC-17-15A1.pdf. In this 
present document, we have assessed the effects of our streamlining the 
part 32 Uniform System of Accounts (part 32 USOA) accounting rules and 
find that the Commission's actions will result in overall reduced 
regulatory burdens for both price cap and rate-of-return carriers, 
including small businesses with fewer than 25 employees. In addition, 
the Report and Order allows price cap carriers to elect to use GAAP for 
all regulatory accounting purposes so long as they comply with targeted 
accounting rules. Because incumbent LECs subject to price cap 
regulation are among the largest of telecommunications companies, we do 
not anticipate any impact from this action on small businesses with 
fewer than 25 employees.

[[Page 20834]]

Synopsis

I. Introduction

    1. In this Report and Order (Order), we complete our proceeding to 
review our part 32 Uniform System of Accounts (USOA) to consider ways 
to minimize the compliance burdens on carriers while ensuring that the 
agency retains access to the information it needs to fulfill its 
regulatory duties. Section 220 of the Communications Act of 1934, as 
amended (the Act), authorizes the Commission to prescribe the system of 
accounts to be used by carriers subject to the Act, and the USOA and 
its predecessors have historically performed this function for 
regulated telephone companies. But the USOA comes with a cost: Many 
regulated companies must maintain two sets of books--one for financial 
reporting and another for regulatory purposes--with the attendant costs 
of additional training for accountants, creating a second set of 
customized accounting software, and auditing two sets of processes for 
compliance.
    2. We now conclude that, in light of the Commission's actions in 
areas of price cap regulation, universal service reform, and 
intercarrier compensation reform, as well as the advancement of robust 
intermodal competition in the market for telephone services, the duty 
to maintain two sets of accounts is generally not necessary for price 
cap carriers. Moreover, with respect to all carriers, we streamline and 
eliminate outdated accounting rules no longer needed to fulfill our 
statutory or regulatory duties. By reducing the costly burden of 
outdated regulatory requirements placed upon carriers, today's reforms 
give carriers the ability to better allocate scarce resources toward 
expanding modern networks which are critical to bringing economic 
opportunity, job creation, and civic engagement to all Americans.

II. Background

    3. Section 220 of the Act requires the Commission to ``prescribe a 
uniform system of accounts for use by telephone companies.'' The 
Commission adopted its first accounting system in 1935 as parts 31 and 
33 of the Commission's rules ``when a rigid institutionalized 
regulatory environment was expected to continue forever.'' In 1986, the 
Commission adopted the USOA contained in part 32 to respond to the 
``introduction of competition and an explosion of new products and 
services to which the existing systems could not respond without 
massive modification.''
    4. The Commission intended the USOA to ``accommodate generally 
accepted accounting principles (GAAP) to the extent regulatory 
considerations permit.'' As the Commission explained: GAAP is that 
common set of accounting concepts, standards, procedures and 
conventions which are recognized by the accounting profession as a 
whole and upon which most nonregulated enterprises base their external 
financial statements and reports. It directs the recording of financial 
events and transactions and relates to how assets, liabilities, 
revenues and expenses are to be identified, measured, and reported. 
While part 32 specifies a chart of accounts and the types of 
transactions to be maintained in each account, GAAP allows companies to 
determine their own system of accounts subject to certain principles.
    5. The Commission adopted the USOA ``at a time when regulators were 
required or inclined to organize telecommunications costs in a manner 
that allowed a logical mapping of these costs to telecommunications 
rate structures.'' Accordingly, the USOA was designed to complement 
rate-of-return regulation and the system of tariffed interstate access 
charges that incumbent LECs were required to follow at that time. Part 
32 required carriers to record their assets, expenses, and revenues in 
prescribed accounts. Part 64's cost assignment rules apportioned the 
investment, expenses, and revenues between regulated and nonregulated 
activities. Part 36 prescribed rules for separating regulated 
investment, expenses, and revenues between the interstate and 
intrastate jurisdictions. Part 69 then specified how carriers were to 
apportion costs assigned to the interstate jurisdiction among the 
interexchange service category and the access categories and rate 
elements. In other words, the access rates carriers charged were 
directly tied to the costs of the carriers, and thus the accurate 
recording of such costs in the USOA.
    6. From 1984 until 1991, virtually all interstate access services 
were subject to rate-of-return regulation, under which carriers' 
charges are set to cover an entity's regulated operating expenses and 
to provide the opportunity to earn a prescribed return on the capital 
the company uses to provide regulated services. Earnings were monitored 
through part 32 data that incumbent LECs filed annually through the 
Commission's Automated Reporting Management Information System (ARMIS). 
Future carriers' charges were adjusted if profit margins were above or 
below the prescribed rate of return.
    7. In 1991, the Commission adopted price cap regulation for the 
largest incumbent local exchange carriers (LECs) while making it 
optional for other incumbents. Price cap regulation is a form of 
incentive regulation that relies on a series of Price Cap Indexes 
(PCIs) to limit the prices that these carriers charge for services to 
levels that are presumed to be just and reasonable. Today, more than 95 
percent of access lines are served by price cap carriers.
    8. Price cap regulation eliminated the direct link between changes 
in allocated accounting costs and changes in price, but as originally 
implemented, it did not sever the connection between accounting costs 
and prices entirely. The 1991 LEC price cap plan required earnings 
above prescribed levels to be shared with ratepayers and provided for 
upward adjustment of PCIs if earnings fell below a prescribed level. 
LECs were also permitted to file above-cap rates if cost-based showings 
demonstrated that a rate within the cap would be confiscatory. In 1997, 
the Commission eliminated the sharing mechanism, and in 1999, the 
Commission eliminated the low-end adjustment for incumbent LECs that 
received and exercised pricing flexibility. This had the practical 
effect of severing the connection between prices and the need to 
account for costs from a regulatory point of view.
    9. In the years following passage of the Telecommunications Act of 
1996, the Commission reviewed and streamlined its accounting rules on 
several occasions. In 1997, the Commission clarified that ``only 
incumbent local exchange carriers'' are subject to specific USOA 
requirements and other accounting rules. In 1999, the Commission 
``greatly streamline[d]'' its depreciation requirements for price cap 
carriers, and established a waiver process whereby these carriers could 
obtain the ability to set their own depreciation rates in accordance 
with GAAP. In 2000, the Commission streamlined part 32 obligations by 
eliminating the expense matrix filing requirement, reducing the cost 
allocation manual audit requirement, relaxing certain affiliate 
transaction requirements for services, and eliminating the 
reclassification requirement for certain plant under construction. In 
2001, it consolidated and streamlined Class A accounting requirements, 
relaxed additional aspects of the affiliate transaction rules, reduced 
the cost of regulatory compliance with cost allocation rules for mid-
sized incumbent LECs, and reduced financial reporting requirements. And 
in 2008, the Commission forbore from applying its cost assignment rules 
and financial reporting rules to AT&T, Verizon, and Qwest, finding that 
its need for cost data had significantly diminished with

[[Page 20835]]

continuing refinement of price cap ratemaking and universal service 
reforms.
    10. In 2012, USTelecom filed a petition pursuant to section 10 of 
the Act requesting that the Commission forbear from enforcing certain 
``legacy telecommunications regulations.'' In the USTelecom Forbearance 
Order, the Commission extended the forbearance it had granted to AT&T, 
Verizon, and Qwest to other price cap carriers, but declined to forbear 
from applying the USOA to these carriers. Nevertheless, the Commission 
``acknowledge[d] that further streamlining of our rules is likely 
appropriate,'' and promised to ``conduct a comprehensive review of the 
Part 32 Uniform System of Accounts'' with the aim of ``minimiz[ing] the 
compliance burdens of our regulations while ensuring our continued 
access to the relevant financial information necessary to fulfill our 
duties.''
    11. On September 15, 2014, the Commission published the 
Comprehensive Review of Uniform System of Accounts, Notice of Proposed 
Rulemaking, 79 FR 54942 (2014 NPRM), initiating the instant proceeding 
to reform its rules to ease the accounting burdens on carriers. First, 
the 2104 NPRM proposed to streamline the Commission's USOA accounting 
rules while preserving their existing structure. In this regard, the 
2014 NPRM proposed to consolidate Class A and Class B accounts, to 
revise our rules regarding continuing property records for price cap 
carriers, and to better align with GAAP the USOA's asset accounting 
rules, its Allowance-for-Funds-Used-During-Construction (AFUDC) rules, 
its materiality rules, and its rules requiring that carriers submit all 
prior period adjustments (PPAs) and unusual or extraordinary items to 
the Commission for review and approval. It sought comment on whether to 
better align the USOA's depreciation and cost of removal-and-salvage 
accounting rules with GAAP. Second, the 2014 NPRM also sought focused 
comment on additional specific requirements that should be applied to 
price cap carriers. These included ``eliminating the requirement that 
price cap carriers comply with the USOA and imposing targeted 
accounting requirements that fit our specific statutory needs.'' Third, 
it sought comment on several related issues, including state 
requirements, rate effects, implementation, and legal authority. The 
Commission received ten comments and seven reply comments in response 
to the 2014 NPRM.

II. Discussion

    12. In this Order, we make significant revisions to our part 32 
USOA accounting rules and take a number of steps to substantially 
reduce the accounting burdens on incumbent LECs. First, we streamline 
the USOA for all carriers, amending 39 rules effective January 1, 2018. 
Second, we allow price cap carriers to elect to use GAAP for all 
regulatory accounting purposes so long as they comply with targeted 
accounting rules. These additional reforms will eliminate burdensome 
accounting requirements that serve no federal purpose for electing 
price cap carriers.
    13. The reforms we adopt herein will significantly reduce the 
regulatory burdens associated with maintaining separate sets of 
financial accounts. As previously noted, while part 32 specifies a 
chart of accounts and the types of transactions to be maintained in 
each account, GAAP allows companies to determine their own system of 
accounts subject to certain principles in the form of an overarching 
system of broad accounting guidelines that address the recording of 
assets, liabilities, and stockholders' equity. Further, GAAP allows 
carriers to record financial transactions in a manner that reflects the 
broader nature of the enterprise, while part 32 compliance requires 
carriers to maintain two separate sets of financial and accounting 
books for federal regulatory purposes. Commenters emphasized the 
burdensome nature of this requirement, which we acknowledge here.

A. Streamlining the USOA

    14. In this section, we adopt revisions to part 32 that 
significantly streamline the accounting requirements applicable to 
incumbent LECs. Specifically, we adopt our proposals to consolidate 
Class A and Class B accounts and to revise our rules regarding 
continuing property records for price cap carriers. We better align 
with GAAP the USOA's asset accounting rules, its AFUDC rules, and its 
materiality rules. And we decline to amend the USOA's depreciation and 
cost of removal-and-salvage rules. These revisions, with the exception 
of the continuing property records rules, will apply to all carriers 
subject to part 32's USOA, but not to any price cap carriers that elect 
to use GAAP accounting.
1. Consolidating the Class A and Class B Accounts
    15. Part 32, as authorized by section 220(h) of the Act, divides 
incumbent LECs into two classes for accounting purposes based on annual 
revenues: Class A (carriers with annual revenues equal to or above 
$152.5 million) and Class B (smaller carriers). These rules require 
Class A carriers to generally maintain 138 accounts, which provide more 
detailed records of investment, expense, and revenue than the 80 
accounts that smaller Class B carriers are required to maintain. When 
the Commission adopted this regime, it drew this line to ``adopt a far 
less burdensome system'' for smaller carriers--but one that was 
nevertheless sufficient to meet its statutory obligations. The 
Commission has gradually altered these requirements as regulatory needs 
and market conditions have changed.
    16. We now eliminate the classification of carriers, so that all 
carriers subject to part 32's USOA will be required to keep only the 
streamlined Class B accounts and will otherwise be treated as Class B 
carriers for purposes of part 32. Collapsing the distinction between 
Class A and Class B carriers will simplify our rules and reduce the 
number of accounts that Class A carriers must keep by one-third. Doing 
so will ensure a more uniform treatment of accounts for carriers 
subject to the USOA, simplifying both compliance for carriers and 
oversight by the Commission. Furthermore, we find that eliminating 
Class A treatment is sufficient to meet our regulatory needs, since no 
rate-of-return carrier (i.e., those where cost accounting is most 
important) is required by the Commission's rules today to keep Class A 
accounts.
    17. Ad Hoc disagrees, arguing that eliminating the distinction 
would prevent the Commission from carrying out its statutory duties. Ad 
Hoc argues that we should retain the Class A accounts for cable and 
wire facilities, depreciation, amortization, amortizable assets, and 
revenue reporting for the basic local exchange category that includes 
private line revenue because doing so has ``obvious import, both for 
the setting of pole and conduit rates and for the ongoing special 
access proceeding.''
    18. Contrary to Ad Hoc's contentions, maintenance of accounts at 
the Class B level, coupled with the Commission's ability to require 
carriers to produce additional accounting data when there is an express 
federal need, will enable us to ensure that Class A carriers' rates are 
just and reasonable and not unreasonably discriminatory. Indeed, no 
rate-of-return carrier currently qualifies as a Class A carrier, 
although the Commission's need for part 32 accounting data are 
unquestionably greater for carriers subject to rate-of-return 
regulation and legacy universal

[[Page 20836]]

service mechanisms that tie federal support to a carrier's reported 
costs. And Ad Hoc offers nothing beyond mere assertions that the rates 
would differ in any material way with Class B treatment, and ignores 
the fact that the Commission neither relied on part 32 accounts when 
formulating its special access data collection nor relied on any 
existing part 32 Class A account in the 2014 NPRM. We accordingly find 
Ad Hoc's assertions speculative and baseless.
    19. Furthermore, we conclude that section 402(c) of the 
Telecommunications Act of 1996 does not prohibit us from eliminating 
the distinction between Class A and Class B carriers. That section 
states that ``[i]n classifying carriers according to section 32.11 of 
[the FCC's] regulations . . . the Commission shall adjust the revenue 
requirements to account for inflation . . . annually.'' In the 2014 
NPRM, the Commission did ``not read this provision to require the 
Commission to classify carriers for purposes of Part 32 accounting 
rules, but instead to require annual adjustments so long as the 
Commission continues to classify carriers for these purposes.'' The 
only party to address this issue agreed with this interpretation. We 
adopt it now.
2. Continuing Property Records for Price Cap Carriers
    20. In the USTelecom Forbearance Order, the Commission concluded 
that forbearance from the continuing property records requirements in 
Sec.  32.2000(e) and (f) was warranted for price cap carriers, as long 
as they could demonstrate in compliance plans how they would ``maintain 
the records necessary to track substantial assets and investment in an 
accurate, auditable manner that enables them to verify account balances 
in their Part 32 Uniform System of Accounts, make such property 
information available to the Commission upon request, and ensure 
maintenance of such data.'' In the 2014 NPRM, the Commission sought 
comment on memorializing these requirements in a rule. USTelecom 
supports requiring price cap carriers to maintain property records 
necessary to track substantial investments in an auditable fashion that 
enables verification and the ability to make such information available 
to the Commission upon request. These data can be maintained by 
utilizing GAAP, according to USTelecom. No party opposed the property 
records proposal advanced in the 2014 NPRM.
    21. As proposed in the 2014 NPRM, we revise part 32 to require 
price cap carriers with a continuing part 32 accounting obligation to 
maintain continuing property records necessary to track substantial 
assets and investments in an accurate, auditable manner that enables 
them to verify their accounting books, make such property information 
available to the Commission upon request, and ensure the maintenance of 
such data. This rule change reflects the expectations and commitments 
connected with the forbearance relief we granted in the USTelecom 
Forbearance Order.
    22. We decline at this time to require price cap carriers to file 
compliance plans, as proposed by the 2014 NPRM, to the extent they have 
not done so. No commenter addressed this issue. In the absence of 
record support for the proposal, we decline to adopt any compliance 
plan filing requirement.
3. Aligning the USOA More Closely With GAAP
    23. In the 2014 NPRM, the Commission proffered several different 
proposals for aligning the USOA more closely with GAAP. We adopt the 
proposals to align with GAAP the USOA's asset accounting rules, its 
AFUDC rules, and its materiality rules. First, we align our definition 
of original cost to align with GAAP so that carriers carry an asset at 
its purchase price when it was acquired, even if its value has 
increased or has declined when it goes into regulated service. Second, 
we allow carriers to reprice an asset at market value after a merger or 
acquisition. The record is barren of evidence that these requirements 
for carriers to price assets differently than they would in the 
ordinary course of business retain any value.
    24. Third, we find that using GAAP principles to determine AFUDC 
should be the applicable standard. We revise the rules accordingly. As 
the Commission noted at the time, the resulting difference in 
accounting is immaterial from a regulatory perspective but may increase 
the administrative burdens of compliance for carriers otherwise 
required to meet GAAP standards.
    25. Fourth, we revise our rules to incorporate the concept of 
materiality. As USTelecom explains, ``USOA has no materiality standard 
and requires all transactions be booked regardless of any materiality 
consideration. This forces carriers to justify every accounting 
discrepancy, no matter how trivial and immaterial, thereby adding 
unnecessary costs to the preparation and audit of a carrier's 
accounting records.'' We agree and incorporate the GAAP standard of 
materiality for price cap carriers. We believe the flexible GAAP 
standard offers the ``case-by-case'' standard proposed by the Nevada 
Public Utilities Commission--and we agree with the state commission 
that the Commission will ``ultimately be[] the arbiter'' of whether a 
carrier has complied with GAAP's materiality standard.
    26. We also agree with Alexicon that ``it would be beneficial to 
NECA and its pool members if the Commission adopted a definition of 
materiality that provided guidance related to NECA's review 
procedures.'' Indeed, more particular guidance may be especially 
important for carriers receiving legacy universal service support 
because federal support is tied to the reported costs of such carriers. 
We adopt the general materiality guidelines promulgated by the Auditing 
Standards Board. Materiality levels are in large part a matter of 
professional judgment, and according to generally accepted auditing 
standards, may consider such factors as:
    (1) The elements of the financial statements (for example, assets, 
liabilities, equity, income, and expenses) and the financial statement 
measures defined in generally accepted accounting principles (for 
example, financial position, financial performance, and cash flows), or 
other specific requirements;
    (2) Where there are financial statement items on which, for the 
particular entity, users' attention tends to be focused (for example, 
for the purpose of evaluating financial performance);
    (3) The nature of the entity and the industry in which it operates; 
and
    (4) The size of the entity, nature of its ownership, and the way it 
is financed.
    Because independent auditors are required to undertake assessments 
of materiality and risk in all audit engagements, their judgment can 
and should be relied upon when determining materiality levels for 
purposes of regulatory reporting and review.
    27. In contrast, we decline at this time to revise the USOA's 
depreciation procedures or its rules for cost of removal-and-salvage 
accounting. As the Rural Associations argue, and we agree, revising 
USOA's depreciation rules might result in unpredictable changes in 
rates and universal service funding mechanisms--potentially rendering 
universal service support unpredictable absent further study. And we 
find the record too spare to quell the concern we recognized in the 
2014 NPRM that changing the USOA's rules for cost of removal-and-
salvage accounting could have a significant impact on pole attachment 
rates.

[[Page 20837]]

    28. We are unconvinced that the generic opposition in the record to 
the wholesale adoption of GAAP for rate-of-return carriers warrants 
rejecting the targeted reforms we adopt in this Section. Nor are we 
convinced by the Rural Associations' argument that no changes should be 
made to the USOA for rate-of-return carriers. The association does not 
identify any of the reforms we are adopting as significant, nor do we 
find based on the record any reason to think that these paperwork-
reducing reforms will not be beneficial to rural carriers. Further, we 
do not anticipate any significant rate effects resulting from these 
efforts to further align the USOA with GAAP principles.

B. Elective Use of Targeted Accounting Rules for Price Cap Carriers

    29. In the 2014 NPRM, the Commission sought comment on either 
maintaining the USOA for price cap carriers or replacing it with a more 
limited set of accounting rules targeted to our particular statutory 
needs. Based on developments in the market and the nature of telephone 
rate regulation, and in light of the record before us, we conclude that 
we should let price cap carriers elect to use targeted accounting rules 
in lieu of the strictures and the second set of books required by the 
USOA.
    30. Indeed, all evidence in the record demonstrates that continued 
application of the USOA to price cap carriers is a substantial and 
unjustifiable burden. ACS, for example, ``incurs substantial and 
ongoing costs maintaining an entire second set of account books that 
meet the requirements of the USOA. The information they contain has no 
bearing on ACS's corporate planning, financial results, or service 
rates.'' CenturyLink appends to its comments an appendix of the 
separate accounting entries it must maintain to comply with USOA and 
notes the ``over 400 GAAP specific account codes'' it must document so 
that its accountants can translate entries from one set of books to the 
other. And AT&T explains how it must pay software engineers up to $24 
million a year to ``bolt on'' changes to vendor general ledger packages 
and to maintain the USOA on top of its existing GAAP-compliant 
accounts.
    31. We conclude that none of the three particular statutory 
obligations nor the regulatory requirement identified in the 2014 NPRM 
justify the requirement that price cap carriers comply with the USOA. 
Instead, we conclude that price cap carriers may elect to comply with 
GAAP accounting, subject to a commitment to mitigate any impact 
election would have on pole attachment rates. We address these four 
issues in turn.
    32. Pole Attachment Rates. Section 224 of the Act allows state 
commissions to regulate pole attachment rates so long as they certify 
to the Commission that they will do so; elsewhere, the Commission's 
rules apply. Under the Commission's rules, pole attachment rates are 
set in the first instance through private negotiation using cost data 
reported by carriers. Because many poles and conduits are owned by 
electric or other utilities not regulated by the Commission, our rules 
do not require all pole attachments to be based on USOA data, but 
instead require that the ``data and information should be based upon 
historical or original methodology'' and ``should be derived from 
ARMIS, FERC 1, or other reports filed with state or federal regulatory 
agencies.'' For incumbent LECs, however, the Commission has relied on 
data from ``various Part 32 accounts (e.g., gross pole investment, 
gross plant investment, accumulated depreciation--poles, maintenance 
expense--poles etc.).'' And the Commission has used the USOA data to 
modify the formula by which pole attachment rates are calculated.
    33. USTelecom and AT&T contend that for price cap carriers, the use 
of a rate-of-return-based formula for pole attachments does not 
preclude the use of GAAP. Verizon agrees with USTelecom, contending 
that the formulae used to derive pole attachment rates could be 
populated with GAAP-based data. USTelecom also argues that there is no 
evidence that relying upon GAAP would alter rates price cap carriers 
charge for pole attachments, while AT&T contends that there is no basis 
to believe that pole attachment rates calculated based on GAAP 
accounting would not be just and reasonable. ACS also supports allowing 
price cap carriers to use GAAP. CenturyLink proposes to address 
concerns about possible harms to pole attachment users during a 
transition to the use of GAAP by capping pole attachment rates at their 
current levels plus an annual inflation adjustment in states subject to 
federal regulation, except to the extent that rate increases are 
justified. On the other hand, NCTA urges the Commission to continue 
compliance with part 32 accounting in connection with pole attachment 
data, while NASUCA argues that targeted accounting requirements would 
be more complicated and costly than maintaining the current mechanisms.
    34. We find that USOA accounting data are not necessary for the 
continued development of pole attachment rates in accordance with the 
statute. Nothing in section 224 directs or requires us to rely on the 
USOA, and we see no reason to subject one set of pole and conduit 
owners to onerous accounting obligations just because they happen to 
operate in a federal-default state or happened to have provided 
telephone service 21 years ago. Nor is there any reason to think the 
continued maintenance of USOA data for pole attachments is necessary 
for any future reforms. The Commission successfully collected data from 
hundreds of carriers on demand in the special access proceeding, and it 
could require similar disclosure of pole attachment costs if the need 
should arise.
    35. Nonetheless, we share the concern of some commenters that a 
change in accounting rules could lead to rate shock--a large swing in 
rates as price cap carriers transition from one accounting system to 
another. This possible rate differential is due to a number of factors, 
such as depreciation rates, cost of removal, and return on investment. 
Pole attachment rates play a significant role in the deployment and 
availability of voice, video, and data networks, and sharp changes in 
pole attachment rates may distort infrastructure investment decisions 
and in turn could negatively affect the availability of advanced 
services and broadband, contrary to the policy goals of the Act.
    36. As such, we condition any price cap carrier's election of GAAP 
accounting on compliance with one of two framework options to mitigate 
any disruption in pole attachment rates from the election. The first 
option is for electing carriers to calculate an Implementation Rate 
Difference between the attachment rates calculated by the price cap 
carrier under the USOA and under GAAP as of the last full year 
preceding the carrier's initial opting-out of part 32 USOA accounting 
requirements. We further require electing carriers to adjust their 
annually computed GAAP-based rates by the Implementation Rate 
Difference for a period of 12 years after the election. This framework 
largely parallels the plan offered by industry representatives to 
mitigate any pole attachment rate increases due to fluctuations and 
timing differences associated with the treatment of depreciation rates, 
the cost of removal, and salvage when GAAP is utilized instead of part 
32. It relies on the half-life of a typical pole to establish the 12-
year term (as a means of ensuring against double recovery). We find 
this option is an appropriate means of mitigating rate shock to 
attaching ISPs

[[Page 20838]]

while still allowing the price cap carrier to shed its USOA 
obligations.
    37. As a second option, price cap carriers may comply with GAAP 
accounting for all purposes other than those associated with setting 
pole attachment rates while continuing to use the part 32 accounts and 
procedures necessary to establish and evaluate pole attachment rates. 
Carriers have a period of 12 years in which they can opt into GAAP 
accounting for pole attachment rates and would be required to utilize 
the Implementation Rate Difference for the remaining portion of the 12 
years after they have chosen to move to GAAP accounting. We find that 
this approach offers flexibility for price cap carriers who do not wish 
to immediately transition to GAAP for purposes of setting pole 
attachment rates.
    38. We emphasize that a shift in accounting methodology (here, from 
USOA to GAAP) does not change what costs may be included in pole 
attachment rates--instead, it changes only how and when those costs are 
recognized. We thus expect that shifting the accounting method is 
unlikely to result in abrupt changes in pole attachment rates in the 
near term, and that rates will remain steady over the long-run. Price 
cap carriers have explained that shifting accounting methods is ``not 
an effort to increase pole attachment rates'' and ``not an attempt to 
do some other rate- or cost-shifting,'' and we intend to monitor pole 
attachment rates and hold them to that promise.
    39. Finally, to facilitate transparency of pole attachment rates 
during the transition from USOA to GAAP, a pole attacher may request 
that a price cap carrier submit its pole attachment accounting data for 
a particular state to this Commission for three years following the 
effective date of the rule permitting a price cap carrier to elect GAAP 
accounting. Thus, if a pole attacher informs the Commission of a 
suspected problem with pole attachment rates, the Commission will 
require the price cap carrier to file its pole attachment data for the 
state in question. This requirement will assist the parties and the 
Commission in monitoring and evaluating any abrupt rate changes that 
may occur. If it proves necessary, the Commission may extend this 
obligation for an additional three years.
    40. Other Issues. We conclude that USOA accounting data is 
unnecessary to ensure compliance with section 254(k) of the Act, which 
prohibits a telecommunications carrier from ``us[ing] services that are 
not competitive to subsidize services that are subject to 
competition.'' As the 2014 NPRM explained, the Commission has never 
found it necessary to seek accounting data to address allegations of 
violations of section 254(k). In other words, USOA data have not been 
needed to ensure compliance with section 254(k), even right after the 
end of legal telephone service monopolies in the late 1990s. Given the 
advent of even more intermodal competition, we do not foresee a need 
for USOA data to resolve any section 254(k) violations going forward.
    41. The Commission also sought comment on whether the harm intended 
to be addressed by section 272(e)(3) continues to be a concern, or 
whether the Commission should consider forbearing from this 
requirement. In the record, the BOCs primarily focused on alternatives 
to antiquated part 32 accounting, rather than addressing forbearance 
from section 272(e)(3). In evaluating the lack of utility of part 32 
accounting rules, our attention is also focused on regulatory 
requirements such as section 272(e)(3) that, similar to the USOA, have 
outgrown their usefulness.
    42. Before 1996, the BOCs were prohibited from entering the long-
distance market (i.e., from offering interexchange service) out of 
concern that they could use their local monopoly to subsidize 
competitive operations in the long-distance market. The 
Telecommunications Act created a path for the BOCs to enter that 
market, requiring, among other things, that a BOC that offers its long-
distance service to ``impute to itself . . . an amount for access to 
its telephone exchange service and exchange access that is no less than 
the amount charged to any unaffiliated interexchange carriers for such 
service.''
    43. We conclude that we should forbear from the continued 
application of section 272(e)(3)'s imputation requirements. No party 
commented on whether the Commission should forbear. The rationales for 
removing the accounting requirements associated with section 272(e)(3) 
are equally applicable to considerations of forbearing from the 
requirements of the subsection completely. In the USF/ICC 
Transformation Order, the Commission placed terminating intercarrier 
compensation charges on a path toward bill-and-keep, which greatly 
diminishes the need for imputation charges. Furthermore, many other 
entities provide integrated long-distance service, such as non-BOC 
LECs, cable operators, over-the-top voice over Internet Protocol 
companies, and commercial mobile radio service providers; these 
entities are not required to impute charges between their local and 
long-distance affiliates (to the extent they even offer those services 
through separate affiliates). In the last 20 years, increased 
competition in access markets as a result of legislative, regulatory, 
and technological changes has reduced the need for section 272 
imputation requirements to prevent cross-subsidization between 
incumbent LECs' local and long distance services. Thus, continued 
enforcement of the section 272(e)(3) imputation requirements is not 
necessary to ensure that the charges, practices, classifications, or 
regulations by, for, or in connection with that telecommunications 
carrier or telecommunications service are just and reasonable and are 
not unjustly or unreasonably discriminatory. Given these changes in the 
regulatory landscape and the diminished importance of imputation 
requirements to prevent marketplace harms, section 272(e)(3) is not 
necessary for the protection of consumers, and forbearance will be in 
the public interest. Accordingly, we determine that forbearing from the 
continued application of these requirements is appropriate.
    44. Finally, we terminate the conditions that the Commission placed 
on a variety of carriers granted forbearance from our cost allocation 
rules. Forbearance was expressly premised on the continued availability 
of part 32 accounting data and the filing of compliance plans 
consistent with that condition. AT&T, Qwest and Verizon filed 
compliance plans that detailed their commitment to continue to maintain 
part 32 accounting data. In the 2014 NPRM, the Commission invited 
parties to comment on how changes to the part 32 requirements would 
affect the commitments made in compliance plans filed in connection 
with forbearance proceedings. Commenters directly addressing this issue 
support the action taken herein. Although we speculated in 2013 that 
``there may be a `federal need for this accounting information in the 
future to adjust our existing price cap regime or in our consideration 
of reforms moving forward,''' time has proven that prediction untrue. 
And continuing to maintain these costly requirements on the speculation 
that at some point, some day, the Commission might do something with 
them fails any cost-benefit analysis.

C. Other Considerations

    45. We decline requests to reconsider other deregulatory actions by 
the Commission in this proceeding. NASUCA broadly argues that it 
opposes

[[Page 20839]]

the rationale behind the 2014 NPRM because the Commission has already 
minimized the compliance burden below the level needed for its 
regulatory duties, and urges the Commission to reverse course on other 
information requirements, pointing to ARMIS forbearance and other 
recent forbearance decisions. The issues NASUCA raises are rejected as 
being overly vague and beyond the scope of the 2014 NPRM. In any event, 
NASUCA has not presented sufficient support for its arguments to allow 
the Commission to act on these requests, instead merely stating its 
objections to the proposed reforms in a conclusory manner and failing 
to suggest concrete alternative solutions.

IV. Referral to the Joint Board

    46. We recognize that eliminating the distinctions between Class A 
and Class B accounts and allowing all carriers to utilize the more 
streamlined requirements of Class B accounts has implications for the 
Commission's jurisdictional separations rules pursuant to part 36. For 
instance, many of the separations rules also designate accounts by 
Class A and Class B categories, and those rules likely would need to be 
modified to be consistent with the revised part 32 regulations. 
Accordingly, pursuant to section 410(c) of the Act, we refer to the 
Joint Board the issue of examining jurisdictional separations rules in 
light of the reforms adopted to the part 32 regulations in this Report 
and Order. We ask the Joint Board to consider the reforms adopted in 
this Report and Order and to consider how such reforms impact part 36 
and consequently the rule changes necessary to ensure the 
jurisdictional separations rules are consistent. We request that the 
Joint Board prepare a recommended decision within nine months of 
publication in the Federal Register regarding how and when the 
Commission's jurisdictional separations rules should be modified to 
reflect the issues in the referral.

V. Procedural Matters

A. Final Regulatory Flexibility Analysis

    47. As required by the Regulatory Flexibility Act of 1980 (RFA), an 
Initial Regulatory Flexibility Analysis (IRFA) was incorporated into 
the 2014 NPRM. The Commission sought written public comment on the 
possible significant economic impact on small entities regarding the 
proposals in the 2014 NPRM, including comments on the IRFA. Pursuant to 
the RFA, a Final Regulatory Flexibility Analysis (FRFA) is set forth in 
Appendix C of the Commission's Report and Order, WC Docket No. 14-130, 
CC Docket No. 80-286; FCC 17-15, adopted February 23, 2017 and released 
February 24, 2017.

B. Final Paperwork Reduction Act Analysis

    48. This document contains modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13. The requirements will be submitted to the Office of 
Management and Budget (OMB) for review under Section 3507(d) of the 
PRA. OMB, the general public, and other Federal agencies are invited to 
comment on the modified information collection requirements contained 
in this proceeding. In addition, we note that pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4), we previously sought specific comment on how the 
Commission might further reduce the information collection burden for 
small business concerns with fewer than 25 employees.
    49. In this present document, we have assessed the effects of our 
streamlining the part 32 USOA accounting rules and find that the 
Commission's actions will result in overall reduced regulatory burdens 
for both price cap and rate-of-return carriers, including small 
businesses with fewer than 25 employees. In addition, the Report and 
Order allows price cap carriers to elect to use GAAP for all regulatory 
accounting purposes so long as they comply with targeted accounting 
rules. Because incumbent LECs subject to price cap regulation are among 
the largest of telecommunications companies, we do not anticipate any 
impact from this action on small businesses with fewer than 25 
employees.

C. Congressional Review Act

    50. The Commission will send a copy of this Report and Order 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).

VI. Ordering Clauses

    51. Accordingly, it is ordered that, pursuant to the authority 
contained in sections 10, 201, 219-220, 224, 254(k), 272(e)(3), and 403 
of the Communications Act of 1934, as amended, 47 U.S.C. 160, 201, 219-
220, 224, 254(k), 272(e)(3), 403, this Report and Order is adopted.
    52. It is further ordered that, pursuant to the authority contained 
in sections 10, 201, 219-220, 224, 254(k), 272(e)(3), and 403 of the 
Communications Act of 1934, as amended, 47 U.S.C. 160, 201, 219-220, 
224, 254(k), 272(e)(3), 403, 47 CFR parts 1, 32, and 65, are amended, 
effective on a date (``Effective Date'') following publication in the 
Federal Register of a document announcing approval by the Office of 
Management and Budget (OMB) of these rules, which contain requirements 
involving Paperwork Reduction Act burdens, or on January 1, 2018, 
whichever is later, with the exception of amendments to Sec. Sec.  
1.1409 and 32.1, which the Effective Date shall be following 
publication in the Federal Register of a document announcing approval 
by OMB of these amendments.
    53. It is further ordered that the Commission shall send a copy of 
this Report and Order to Congress and the Government Accountability 
Office pursuant to the Congressional Review Act, see 5 U.S.C. 
801(a)(1)(A).
    54. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small 
Business Administration.
    55. It is further ordered that, pursuant to section 410(c) of the 
Communications Act of 1934 as amended, 47 U.S.C. 410(c), the issues 
specified in Section IV of this Report and Order are hereby referred to 
the Federal-State Joint Board on Separations for preparation of a 
recommended decision to be produced within nine months of publication 
in the Federal Register.
    56. It is further ordered that, should no petitions for 
reconsideration, applications for review, or petitions for judicial 
review be timely filed, this proceeding shall be terminated and its 
docket closed.

List of Subjects in 47 CFR Parts 1, 32, and 65

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

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1, 32, and 65 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 is revised to read as follows:


[[Page 20840]]


    Authority:  15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(j), 160, 
201, 225, 303, and 309.

0
2. Section 1.791 is revised to read as follows:


Sec.  1.791   Reports and requests to be filed under part 32 of this 
chapter.

    Reports and requests shall be filed either periodically, upon the 
happening of specified events, or for specific approval by telephone 
companies in accordance with and subject to the provisions of part 32 
of this chapter.

0
3. Section 1.1409 is amended by adding paragraph (g) to read as 
follows:


Sec.  1.1409   Commission consideration of the complaint.

* * * * *
    (g) A price cap company opting-out of part 32 of this chapter may 
calculate attachment rates for its poles, conduits, and rights of way 
using either part 32 accounting data or GAAP accounting data. A price 
cap company using GAAP accounting data to compute rates to attach to 
its poles, conduits, and rights of way in any of the first twelve years 
after opting-out must adjust (increase or decrease) its annually 
computed GAAP-based rates by an Implementation Rate Difference for each 
of the remaining years in the period. The Implementation Rate 
Difference means the difference between attachment rates calculated by 
the price cap carrier under part 32 and under GAAP as of the last full 
year preceding the carrier's initial opting-out of part 32 USOA 
accounting requirements.

PART 32--UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS 
COMPANIES

0
4. The authority citation for part 32 is revised to read as follows:

    Authority:  47 U.S.C. 219, 220 as amended, unless otherwise 
noted.

0
5. Section 32.1 is revised to read as follow:


Sec.  32.1   Background.

    The revised Uniform System of Accounts (USOA) is a historical 
financial accounting system which reports the results of operational 
and financial events in a manner which enables both management and 
regulators to assess these results within a specified accounting 
period. The USOA also provides the financial community and others with 
financial performance results. In order for an accounting system to 
fulfill these purposes, it must exhibit consistency and stability in 
financial reporting (including the results published for regulatory 
purposes). Accordingly, the USOA has been designed to reflect stable, 
recurring financial data based to the extent regulatory considerations 
permit upon the consistency of the well established body of accounting 
theories and principles commonly referred to as generally accepted 
accounting principles (GAAP). Price cap companies that have opted-out 
of USOA requirements pursuant to the conditions specified by the 
Commission in Sec.  32.11(g) are relieved of the rules of this part in 
their entirety, including any other rules or orders that are derivative 
of or dependent on the rules in this part.


Sec.  32.3   [Removed and Reserved]

0
6. Section 32.3 is removed and reserved.

0
7. Section 32.11 is amended by revising the section heading and 
paragraph (a), removing and reserving paragraphs (b) though (f), and 
adding paragraph (g) to read as follows:


Sec.  32.11   Companies subject to this part.

    (a) This part applies to every incumbent local exchange carrier, as 
defined in section 251(h) of the Communications Act, and any other 
carrier that the Commission designates by order. This part refers to 
such carriers as ``companies'' or ``Class B companies.'' Incumbent 
local exchange carriers' successor or assign companies, as defined in 
section 251(h)(1)(B)(ii) of the Communications Act, that are found to 
be non-dominant by the Commission, will not be subject to this Uniform 
System of Accounts.
* * * * *
    (g) Notwithstanding paragraph (a) of this section, a price cap 
company that elects to calculate its pole attachment rates pursuant to 
Sec.  1.1409(g) of this chapter will not be subject to this Uniform 
System of Accounts.

0
8. Section 32.26 is revised to read as follows:


Sec.  32.26   Materiality.

    (a) Except as provided in paragraph (b) of this section, companies 
may abide by the materiality standards of GAAP when implementing this 
system of accounts.
    (b) For companies that receive High-Cost Loop Support, or Connect 
America Fund Broadband Loop Support, materiality shall be determined 
consistent with the general materiality guidelines promulgated by the 
Auditing Standards Board.

0
9. Section 32.101 is amended by revising paragraph (c) to read as 
follows:


Sec.  32.101   Structure of the balance sheet accounts.

* * * * *
    (c) Account 3100, Accumulated depreciation through Account 3400, 
Accumulated amortization--tangible, shall include the asset reserves 
except that reserves related to certain asset accounts will be included 
in the asset account. (See Sec. Sec.  32.2005, 32.2682 and 32.2690.)
* * * * *

0
10. Section 32.103 is revised to read as follows:


Sec.  32.103   Balance sheet accounts for other than regulated-fixed 
assets to be maintained.

    Balance sheet accounts to be maintained by companies for other than 
regulated-fixed assets are indicated as follows:

                         Balance Sheet Accounts
------------------------------------------------------------------------
                Account title
------------------------------------------------------------------------
               Current assets
 
Cash and equivalents........................  1120
Receivables.................................  1170
Allowance for doubtful accounts.............  1171
Supplies:
  Material and supplies.....................  1220
Prepayments.................................  1280
Other current assets........................  1350
              Noncurrent assets
Investments:
  Nonregulated investments..................  1406
  Other noncurrent assets...................  1410
Deferred charges:
  Deferred maintenance, retirements and       1438
   other deferred charges.
Other:
  Other jurisdictional assets-net...........  1500
------------------------------------------------------------------------


0
11. Section 32.2000 is amended by:
0
a. Removing and reserving paragraph (a)(4);
0
b. Revising paragraphs (b)(1), (b)(2)(iii), and (c)(2)(x);
0
c. Adding paragraph (e)(8); and
0
d. Revising paragraphs (f)(2)(iii) and (j).
    The revisions and addition read as follows:


Sec.  32.2000   Instructions for telecommunications plant accounts.

    (a) * * *
    (4) [Reserved]
    (b) * * *
    (1) Property, plant and equipment acquired from an entity, whether 
or not affiliated with the accounting company, shall be accounted for 
at original cost, except that property, plant and equipment acquired 
from a nonaffiliated entity through an acquisition or merger may be 
accounted for at market value at the time of the acquisition or merger.
    (2) * * *
    (iii) Accumulated Depreciation and amortization balances related to 
plant

[[Page 20841]]

acquired shall be credited to Account 3100, Accumulated depreciation, 
or Account 3200, Accumulated depreciation--held for future 
telecommunications use, or Account 3400, Accumulated amortization--
tangible and debited to Account 1438. Accumulated amortization balances 
related to plant acquired which ultimately is recorded in Accounts 
2005, Telecommunications plant adjustment, Account 2682, Leasehold 
improvements, or Account 2690, Intangibles shall be credited to these 
asset accounts, and debited to Account 1438.
* * * * *
    (c) * * *
    (2) * * *
    (x) Allowance for funds used during construction (``AFUDC'') 
provides for the cost of financing the construction of 
telecommunications plant. AFUDC shall be charged to Account 2003, 
Telecommunications plant under construction, and credited to Account 
7300, Nonoperating income and expense. The rate for calculating AFUDC 
shall be determined in accordance with GAAP when implementing this 
system of accounts. The amount of interest cost capitalized in an 
accounting period shall not exceed the total amount of interest cost 
incurred by the company in that period.
* * * * *
    (e) * * *
    (8) Notwithstanding any other provision of this part concerning 
continuing property records, carriers subject to price cap regulations 
set forth in part 61 of this chapter shall maintain property records 
necessary to track substantial assets and investments in an accurate, 
auditable manner that enables them to verify their accounting books, 
make such property information available to the Commission upon 
request, and ensure the maintenance of such data.
    (f) * * *
    (2) * * *
    (iii) The continuing property record shall reveal the description, 
location, date of placement, the essential details of construction, and 
the original cost (note also paragraph (f)(3) of this section) of the 
property record units. The continuing property records shall be 
compiled on the basis of original cost (or other book cost consistent 
with this system of accounts) and maintained in such manner as will 
provide for the verification of property record units by physical 
examination. The continuing property record and other underlying 
records of construction costs shall be so maintained that, upon 
retirement of one or more retirement units or of minor items without 
replacement when not included in the costs of retirement units, the 
actual cost or a reasonably accurate estimate of the cost of the plant 
retired can be determined.
* * * * *
    (j) Plant accounts to be maintained by telephone companies as 
indicated:

------------------------------------------------------------------------
                Account title
------------------------------------------------------------------------
               Regulated plant
 
Property, plant and equipment:
  Telecommunications plant in service.......  \1\ 2001
  Property held for future                    2002
   telecommunications use.
  Telecommunications plant under              2003
   construction-short term.
  Telecommunications plant adjustment.......  2005
  Nonoperating plant........................  2006
  Goodwill..................................  2007
 Telecommunications plant in service (TPIS)
TPIS--General support assets:
  Land and support assets...................  2110
TPIS--Central Office assets:
  Central Office--switching.................  2210
  Operator systems..........................  2220
  Central Office--transmission..............  2230
TPIS--Information origination/termination
 assets:
  Information origination termination.......  2310
TPIS--Cable and wire facilities assets:
  Cable and wire facilities.................  2410
TPIS--Amortizable assets:
  Amortizable tangible assets...............  2680
  Intangibles...............................  2690
------------------------------------------------------------------------
\1\ Balance sheet summary account only.


0
12. Section 32.2110 is revised to read as follows:


Sec.  32.2110  Land and support assets.

    This account shall be used by companies to record the original cost 
of land and support assets of the type and character detailed in 
Accounts 2111 through 2124.

0
13. Section 32.2210 is revised to read as follows:


Sec.  32.2210   Central office--switching.

    This account shall be used by companies to record the original cost 
of switching assets of the type and character detailed in Accounts 2211 
through 2212.

0
14. Section 32.2230 is revised to read as follows:


Sec.  32.2230   Central office--transmission.

    This account shall be used by companies to record the original cost 
of radio systems and circuit equipment of the type and character 
detailed in Accounts 2231 and 2232.

0
15. Section 32.2310 is revised to read as follows:


Sec.  32.2310   Information origination/termination.

    This account shall be used by companies to record the original cost 
of information origination/termination equipment of the type and 
character detailed in Accounts 2311 through 2362.

0
16. Section 32.2410 is revised to read as follows:


Sec.  32.2410   Cable and wire facilities.

    This account shall be used by companies to record the original cost 
of cable and wire facilities of the type and character detailed in 
Accounts 2411 through 2441.

0
17. Section 32.2680 is revised to read as follows:


Sec.  32.2680   Amortizable tangible assets.

    This account shall be used by companies to record amounts for 
property acquired under capital leases and the original cost of 
leasehold improvements of the type of character detailed in Accounts 
2681 and 2682.


Sec.  32.2682   [Amended]

0
18. Section 32.2682 is amended by removing the last sentence in 
paragraph (c).


Sec.  32.2690   [Amended]

0
19. Section 32.2690 is amended by removing and reserving paragraph (b).

0
20. Section 32.3000 is revised to read as follows:


Sec.  32.3000   Instructions for balance sheet accounts--depreciation 
and amortization.

    (a) Depreciation and amortization subsidiary records. (1) 
Subsidiary record categories shall be maintained for each class of 
depreciable telecommunications plant in Account 3100 for which there is 
a prescribed depreciation rate. (See also Sec.  32.2000(g)(1)(iii).)
    (2) Subsidiary records shall be maintained for Accounts 2005, 2682, 
2690, 3400 in accordance with Sec.  32.2000(h)(4).
    (b) Depreciation and amortization accounts to be maintained by 
telephone companies, as indicated.

------------------------------------------------------------------------
                Account title
------------------------------------------------------------------------
Depreciation and amortization:
  Accumulated depreciation..................  3100
  Accumulated depreciation--Held for future   3200
   telecommunications use.
  Accumulated depreciation--Nonoperating....  3300
  Accumulated depreciation--Tangible........  3400
------------------------------------------------------------------------


[[Page 20842]]


0
21. Section 32.3400 is amended by revising paragraph (a) introductory 
text to read as follows:


Sec.  32.3400   Accumulated amortization--tangible.

    (a) This account shall include:
* * * * *

0
22. Section 32.3999 is revised to read as follows:


Sec.  32.3999   Instructions for balance sheet accounts--liabilities 
and stockholders' equity.

    Liabilities and Stockholders' Equity Accounts To Be Maintained by
                                Companies
------------------------------------------------------------------------
                Account title
------------------------------------------------------------------------
Current liabilities:
  Current accounts and notes payable........  4000
  Customer's Deposits.......................  4040
  Income taxes--accrued.....................  4070
  Other taxes--accrued......................  4080
  Net Current Deferred Nonoperating Income    4100
   Taxes.
  Net Current Deferred Nonoperating Income    4110
   Taxes.
  Other current liabilities.................  4130
Long-term debt:
  Long Term debt and Funded debt............  4200
Other liabilities and deferred credits:
  Other liabilities and deferred credits....  4300
  Unamortized operating investment tax        4320
   credits--net.
  Unamortized nonoperating investment tax     4330
   credits--net.
  Net noncurrent deferred operating income    4340
   taxes.
  Net deferred tax liability adjustments....  4341
  Net noncurrent deferred nonoperating        4350
   income taxes.
  Deferred tax regulatory adjustments--net..  4361
  Other jurisdictional liabilities and        4370
   deferred credits--net.
Stockholder's equity:
  Capital stock.............................  4510
  Additional paid-in capital................  4520
  Treasury stock............................  4530
  Other capital.............................  4540
  Retained earnings.........................  4550
------------------------------------------------------------------------


0
23. Section 32.4999 is amended by revising paragraphs (f) and (n) to 
read as follows:


Sec.  32.4999   General.

* * * * *
    (f) Subsidiary records--jurisdictional subdivisions and 
interconnection. Subsidiary record categories shall be maintained in 
order that the company may separately report revenues derived from 
charges imposed under intrastate, interstate and international tariff 
filings. Such subsidiary record categories shall be reported as 
required by part 43 of this chapter.
* * * * *
    (n) Revenue accounts to be maintained.

------------------------------------------------------------------------
                Account title
------------------------------------------------------------------------
Local network services revenues:
  Basic local service revenue...............
Network access service revenues:
  End user revenue..........................  5081
  Switched access revenue...................  5082
  Special access revenue....................  5083
Long distance network services revenues:
  Long distance message revenue.............  5100
Miscellaneous revenues:
  Miscellaneous revenue.....................  5200
Nonregulated revenues:
  Nonregulated operating revenue............  5280
Uncollectible revenues:
  Uncollectible revenue.....................  5300
------------------------------------------------------------------------


0
24. Section 32.5000 is revised to read as follows:


Sec.  32.5000   Basic local service revenue.

    Companies shall use this account for revenues of the type and 
character detailed in Accounts 5001 through 5060.

0
25. Section 32.5200 is amended by revising the introductory text to 
read as follows:


Sec.  32.5200   Miscellaneous revenue.

    This account shall include revenue derived from the following 
sources, as well as revenue of the type and character detailed in 
Account 5230, Directory revenue.
* * * * *

0
26. Section 32.5999 is amended by revising paragraph (g) to read as 
follows:


Sec.  32.5999   General.

* * * * *
    (g) Expense accounts to be maintained.

------------------------------------------------------------------------
                Account title
------------------------------------------------------------------------
          Income Statement Accounts
Plant specific operations expense:
  Network support expense...................  6110
  General support expenses..................  6120
  Central office switching expense..........  6210
  Operators system expense..................  6220
  Central office transmission expenses......  6230
  Information origination/termination         6310
   expense.
  Cable and wire facilities expenses........  6410
Plant nonspecific operations expense:
  Other property plant and equipment          6510
   expenses.
  Network operations expenses...............  6530
  Access expense............................  6540
  Depreciation and amortization expenses....  6560
Customer operations expense:
  Marketing.................................  6610
  Services..................................  6620
Corporate operations expense:
  General and administrative................  6720
  Provision for uncollectible notes           6790
   receivable.
------------------------------------------------------------------------


0
27. Section 32.6110 is revised to read as follows:


Sec.  32.6110   Network support expenses.

    (a) Companies shall use this account for expenses of the type and 
character detailed in Accounts 6112 through 6114.
    (b) Credits shall be made to this account by companies for amounts 
transferred to Construction and/or other Plant Specific Operations 
Expense accounts. These amounts shall be computed on the basis of 
direct labor hours.

0
28. Section 32.6120 is revised to read as follows:


Sec.  32.6120   General support expenses.

    Companies shall use this account for expenses of the type and 
character detailed in Accounts 6121 through 6124.

0
29. Section 32.6230 is amended to read:


Sec.  32.6230   Central office transmission expense.

    Companies shall use this account for expenses of the type and 
character detailed in Accounts 6231 and 6232.

0
30. Section 32.6310 is revised to read as follows:


Sec.  32.6310   Information origination/termination expenses.

    Companies shall use this account for expenses of the type and 
character detailed in Accounts 6311 through 6362.

0
31. Section 32.6410 is revised to read as follows:


Sec.  32.6410   Cable and wire facilities expenses.

    Companies shall use this account for expenses of the type and 
character detailed in Accounts 6411 through 6441.

0
32. Section 32.6510 is revised to read as follows:


Sec.  32.6510   Other property, plant and equipment expenses.

    Companies shall use this account for expenses of the type and 
character detailed in Accounts 6511 and 6512.

[[Page 20843]]


0
33. Section 32.6530 is revised to read as follows:


Sec.  32.6530   Network operations expense.

    Companies shall use this account for expenses of the type and 
character detailed in Accounts 6531 through 6535.

0
34. Section 32.6560 is revised to read as follows:


Sec.  32.6560   Depreciation and amortization expenses.

    Companies shall use this account for expenses of the type and 
character detailed in Accounts 6561 through 6565.

0
35. Section 32.6610 is revised to read as follows:


Sec.  32.6610   Marketing.

    Companies shall use this account for expenses of the type and 
character detailed in Accounts 6611 through 6613.

0
36. Section 32.6620 is revised to read as follows:


Sec.  32.6620   Services.

    Companies shall use this account for expenses of the type and 
character detailed in Accounts 6621 through 6623.

0
37. Section 32.6999 is revised to read as follows:


Sec.  32.6999   General.

    (a) Structure of the other income accounts. The other income 
accounts are designed to reflect both operating and nonoperating income 
items including taxes, extraordinary items and other income and expense 
items not properly included elsewhere.
    (b) Other income accounts listing.

------------------------------------------------------------------------
                Account title
------------------------------------------------------------------------
Other operating income and expense:
  Other operating income and expense........  7100
Operating taxes:
  Operating taxes...........................  7200
Nonoperating income and expense:
  Nonoperating income and expense...........  7300
Nonoperating taxes:
  Nonoperating taxes........................  7400
Interest and related items:
  Interest and related items................  7500
  Extraordinary items.......................  7600
Jurisdictional differences and non-regulated
 income items:
  Income effect of jurisdictional ratemaking  7910
   difference--net.
  Nonregulated net income...................  7990
------------------------------------------------------------------------


0
38. Section 32.7200 is revised to read as follows:


Sec.  32.7200   Operating taxes.

    Companies shall use this account for operating taxes of the type 
and character detailed in Accounts 7210 through 7250.

0
39. Section 32.9000 is amended by revising the definition of ``Original 
cost'' to read as follows:


Sec.  32.9000   Glossary of terms.

* * * * *
    Original cost or cost, as applied to telecommunications plant, 
rights of way and other intangible property, means the actual money 
cost of (or the current money value of any consideration other than 
money exchanged for) property at the time when it was purchased.
* * * * *

PART 65--INTERSTATE RATE OF RETURN PRESCRIPTION, PROCEDURES, AND 
METHODOLOGIES

0
40. The authority citation for part 65 continues to read as follows:

    Authority:  47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 
254, 303(r), 403, and 1302 unless otherwise noted.

0
41. The heading for part 65 is revised to read as set forth above.

0
42. Section 65.810 is revised to read as follows:


Sec.  65.810   Definitions.

    As used in this subpart ``account xxxx'' means the account of that 
number kept in accordance with the Uniform System of Accounts for 
Telecommunications Companies in 47 CFR part 32.

0
43. Section 65.820 is amended by revising paragraph (d) to read as 
follows:


Sec.  65.820   Included items.

* * * * *
    (d) Cash working capital. The average amount of investor-supplied 
capital needed to provide funds for a carrier's day-to-day interstate 
operations. Carriers may calculate a cash working capital allowance 
either by performing a lead-lag study of interstate revenue and expense 
items or by using the formula set forth in paragraph (e) of this 
section. Carriers, in lieu of performing a lead-lag study or using the 
formula in paragraph (e) of this section, may calculate the cash 
working capital allowance using a standard allowance which will be 
established annually by the Chief, Wireline Competition Bureau. When 
either the lead-lag study or formula method is used to calculate cash 
working capital, the amount calculated under the study or formula may 
be increased by minimum bank balances and working cash advances to 
determine the cash working capital allowance. Once a carrier has 
selected a method of determining its cash working capital allowance, it 
shall not change to an optional method from one year to the next 
without Commission approval.
* * * * *
[FR Doc. 2017-07175 Filed 5-3-17; 8:45 am]
 BILLING CODE 6712-01-P



                                                                   Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Rules and Regulations                                                20833

                                             shown in the last column. The                             the Regulatory Flexibility Act because                   Paperwork Reduction Act. This rule
                                             Administrator finds that notice and                       the National Flood Insurance Act of                    does not involve any collection of
                                             public comment procedures under 5                         1968, as amended, Section 1315, 42                     information for purposes of the
                                             U.S.C. 553(b), are impracticable and                      U.S.C. 4022, prohibits flood insurance                 Paperwork Reduction Act, 44 U.S.C.
                                             unnecessary because communities listed                    coverage unless an appropriate public                  3501 et seq.
                                             in this final rule have been adequately                   body adopts adequate floodplain
                                             notified.                                                 management measures with effective                     List of Subjects in 44 CFR Part 64
                                                Each community receives 6-month,                       enforcement measures. The
                                             90-day, and 30-day notification letters                                                                              Flood insurance, Floodplains.
                                                                                                       communities listed no longer comply
                                             addressed to the Chief Executive Officer                  with the statutory requirements, and                     Accordingly, 44 CFR part 64 is
                                             stating that the community will be                        after the effective date, flood insurance              amended as follows:
                                             suspended unless the required                             will no longer be available in the
                                             floodplain management measures are                        communities unless remedial action                     PART 64—[AMENDED]
                                             met prior to the effective suspension                     takes place.
                                             date. Since these notifications were                         Regulatory Classification. This final               ■ 1. The authority citation for Part 64
                                             made, this final rule may take effect                     rule is not a significant regulatory action            continues to read as follows:
                                             within less than 30 days.                                 under the criteria of section 3(f) of
                                                National Environmental Policy Act.                     Executive Order 12866 of September 30,                   Authority: 42 U.S.C. 4001 et seq.;
                                             FEMA has determined that the                              1993, Regulatory Planning and Review,                  Reorganization Plan No. 3 of 1978, 3 CFR,
                                             community suspension(s) included in                       58 FR 51735.                                           1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
                                             this rule is a non-discretionary action                      Executive Order 13132, Federalism.                  3 CFR, 1979 Comp.; p. 376.
                                             and therefore the National                                This rule involves no policies that have               § 64.6    [Amended]
                                             Environmental Policy Act of 1969 (42                      federalism implications under Executive
                                             U.S.C. 4321 et seq.) does not apply.                      Order 13132.                                           ■ 2. The tables published under the
                                                Regulatory Flexibility Act. The                           Executive Order 12988, Civil Justice                authority of § 64.6 are amended as
                                             Administrator has determined that this                    Reform. This rule meets the applicable                 follows:
                                             rule is exempt from the requirements of                   standards of Executive Order 12988.

                                                                                                                                                                                               Date certain
                                                                                                                                                                                              Federal assist-
                                                                                                     Community           Effective date authorization/cancellation of     Current effective
                                                              State and location                                                                                                              ance no longer
                                                                                                        No.                 sale of flood insurance in community             map date          available in
                                                                                                                                                                                                 SFHAs

                                                              Region IV
                                             Mississippi: North Carrollton, Town of, Car-                    280028   June 16, 1975, Emerg; April 3, 1978, Reg;           May 2, 2017 .....   May 2, 2017.
                                               roll County.                                                             May 2, 2017, Susp.
                                                -do- =Ditto.
                                                Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.


                                               Dated: April 24, 2017.                                  (Commission) completes its proceeding                  document may be downloaded at
                                             Michael M. Grimm,                                         to review the Uniform System of                        https://transition.fcc.gov/Daily_
                                             Assistant Administrator for Mitigation,                   Accounts (USOA) to minimize the                        Releases/Daily_Business/2017/db0228/
                                             Federal Insurance and Mitigation                          compliance burdens on carriers while                   FCC-17-15A1.pdf. In this present
                                             Administration, Department of Homeland                    ensuring that the agency retains access                document, we have assessed the effects
                                             Security, Federal Emergency Management                    to the information it needs to fulfill its             of our streamlining the part 32 Uniform
                                             Agency.                                                   regulatory duties.                                     System of Accounts (part 32 USOA)
                                             [FR Doc. 2017–08951 Filed 5–3–17; 8:45 am]
                                                                                                       DATES: The rules adopted in this                       accounting rules and find that the
                                             BILLING CODE 9110–12–P
                                                                                                       document shall become effective on                     Commission’s actions will result in
                                                                                                       January 1, 2018, with the exception of                 overall reduced regulatory burdens for
                                                                                                       amendments to §§ 1.1409 and 32.1,                      both price cap and rate-of-return
                                             FEDERAL COMMUNICATIONS                                    which shall become effective following                 carriers, including small businesses
                                             COMMISSION                                                publication in the Federal Register of a               with fewer than 25 employees. In
                                                                                                       document announcing approval by                        addition, the Report and Order allows
                                             47 CFR Parts 1, 32, and 65                                OMB of these amendments.                               price cap carriers to elect to use GAAP
                                             [WC Docket No. 14–130, CC Docket No. 80–                  FOR FURTHER INFORMATION CONTACT:                       for all regulatory accounting purposes
                                             286; FCC 17–15]                                           Robin Cohn, Wireline Competition                       so long as they comply with targeted
                                                                                                       Bureau, Pricing Policy Division at (202)               accounting rules. Because incumbent
                                             Comprehensive Review of the Uniform                       418–2747 or at Robin.Cohn@fcc.gov, or                  LECs subject to price cap regulation are
                                             System of Accounts, Jurisdictional                        Nicole Ongele, Office of Managing
                                             Separations and Referral to the                                                                                  among the largest of
                                                                                                       Director at (202) 418–2991 or at                       telecommunications companies, we do
pmangrum on DSK3GDR082PROD with RULES




                                             Federal-State Joint Board                                 Nicole.Ongele@fcc.gov.                                 not anticipate any impact from this
                                             AGENCY:  Federal Communications                           SUPPLEMENTARY INFORMATION: This is a                   action on small businesses with fewer
                                             Commission.                                               summary of the Commission’s Report                     than 25 employees.
                                             ACTION: Final rule.                                       and Order, WC Docket No. 14–130, CC
                                                                                                       Docket 80–286; FCC 17–15, adopted
                                                    In this document, the Federal
                                             SUMMARY:                                                  February 23, 2017 and released
                                             Communications Commission                                 February 24, 2017. The full text of this


                                        VerDate Sep<11>2014     13:02 May 03, 2017   Jkt 241001   PO 00000   Frm 00011    Fmt 4700   Sfmt 4700   E:\FR\FM\04MYR1.SGM    04MYR1


                                             20834               Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Rules and Regulations

                                             Synopsis                                                accepted accounting principles (GAAP)                 (LECs) while making it optional for
                                             I. Introduction                                         to the extent regulatory considerations               other incumbents. Price cap regulation
                                                                                                     permit.’’ As the Commission explained:                is a form of incentive regulation that
                                                1. In this Report and Order (Order),                 GAAP is that common set of accounting                 relies on a series of Price Cap Indexes
                                             we complete our proceeding to review                    concepts, standards, procedures and                   (PCIs) to limit the prices that these
                                             our part 32 Uniform System of Accounts                  conventions which are recognized by                   carriers charge for services to levels that
                                             (USOA) to consider ways to minimize                     the accounting profession as a whole                  are presumed to be just and reasonable.
                                             the compliance burdens on carriers                      and upon which most nonregulated                      Today, more than 95 percent of access
                                             while ensuring that the agency retains                  enterprises base their external financial             lines are served by price cap carriers.
                                             access to the information it needs to                   statements and reports. It directs the                   8. Price cap regulation eliminated the
                                             fulfill its regulatory duties. Section 220              recording of financial events and                     direct link between changes in allocated
                                             of the Communications Act of 1934, as                   transactions and relates to how assets,               accounting costs and changes in price,
                                             amended (the Act), authorizes the                       liabilities, revenues and expenses are to             but as originally implemented, it did not
                                             Commission to prescribe the system of                   be identified, measured, and reported.                sever the connection between
                                             accounts to be used by carriers subject                 While part 32 specifies a chart of                    accounting costs and prices entirely.
                                             to the Act, and the USOA and its                        accounts and the types of transactions to             The 1991 LEC price cap plan required
                                             predecessors have historically                          be maintained in each account, GAAP                   earnings above prescribed levels to be
                                             performed this function for regulated                   allows companies to determine their                   shared with ratepayers and provided for
                                             telephone companies. But the USOA                       own system of accounts subject to                     upward adjustment of PCIs if earnings
                                             comes with a cost: Many regulated                       certain principles.                                   fell below a prescribed level. LECs were
                                             companies must maintain two sets of                        5. The Commission adopted the                      also permitted to file above-cap rates if
                                             books—one for financial reporting and                   USOA ‘‘at a time when regulators were                 cost-based showings demonstrated that
                                             another for regulatory purposes—with                    required or inclined to organize                      a rate within the cap would be
                                             the attendant costs of additional training              telecommunications costs in a manner                  confiscatory. In 1997, the Commission
                                             for accountants, creating a second set of               that allowed a logical mapping of these               eliminated the sharing mechanism, and
                                             customized accounting software, and                     costs to telecommunications rate                      in 1999, the Commission eliminated the
                                             auditing two sets of processes for                      structures.’’ Accordingly, the USOA was               low-end adjustment for incumbent LECs
                                             compliance.                                             designed to complement rate-of-return                 that received and exercised pricing
                                                2. We now conclude that, in light of                 regulation and the system of tariffed                 flexibility. This had the practical effect
                                             the Commission’s actions in areas of                    interstate access charges that incumbent              of severing the connection between
                                             price cap regulation, universal service                 LECs were required to follow at that                  prices and the need to account for costs
                                             reform, and intercarrier compensation                   time. Part 32 required carriers to record             from a regulatory point of view.
                                             reform, as well as the advancement of                   their assets, expenses, and revenues in                  9. In the years following passage of
                                             robust intermodal competition in the                    prescribed accounts. Part 64’s cost                   the Telecommunications Act of 1996,
                                             market for telephone services, the duty                 assignment rules apportioned the                      the Commission reviewed and
                                             to maintain two sets of accounts is                     investment, expenses, and revenues                    streamlined its accounting rules on
                                             generally not necessary for price cap                   between regulated and nonregulated                    several occasions. In 1997, the
                                             carriers. Moreover, with respect to all                 activities. Part 36 prescribed rules for              Commission clarified that ‘‘only
                                             carriers, we streamline and eliminate                   separating regulated investment,                      incumbent local exchange carriers’’ are
                                             outdated accounting rules no longer                     expenses, and revenues between the                    subject to specific USOA requirements
                                             needed to fulfill our statutory or                      interstate and intrastate jurisdictions.              and other accounting rules. In 1999, the
                                             regulatory duties. By reducing the costly               Part 69 then specified how carriers were              Commission ‘‘greatly streamline[d]’’ its
                                             burden of outdated regulatory                           to apportion costs assigned to the                    depreciation requirements for price cap
                                             requirements placed upon carriers,                      interstate jurisdiction among the                     carriers, and established a waiver
                                             today’s reforms give carriers the ability               interexchange service category and the                process whereby these carriers could
                                             to better allocate scarce resources                     access categories and rate elements. In               obtain the ability to set their own
                                             toward expanding modern networks                        other words, the access rates carriers                depreciation rates in accordance with
                                             which are critical to bringing economic                 charged were directly tied to the costs               GAAP. In 2000, the Commission
                                             opportunity, job creation, and civic                    of the carriers, and thus the accurate                streamlined part 32 obligations by
                                             engagement to all Americans.                            recording of such costs in the USOA.                  eliminating the expense matrix filing
                                                                                                        6. From 1984 until 1991, virtually all             requirement, reducing the cost
                                             II. Background                                          interstate access services were subject to            allocation manual audit requirement,
                                                3. Section 220 of the Act requires the               rate-of-return regulation, under which                relaxing certain affiliate transaction
                                             Commission to ‘‘prescribe a uniform                     carriers’ charges are set to cover an                 requirements for services, and
                                             system of accounts for use by telephone                 entity’s regulated operating expenses                 eliminating the reclassification
                                             companies.’’ The Commission adopted                     and to provide the opportunity to earn                requirement for certain plant under
                                             its first accounting system in 1935 as                  a prescribed return on the capital the                construction. In 2001, it consolidated
                                             parts 31 and 33 of the Commission’s                     company uses to provide regulated                     and streamlined Class A accounting
                                             rules ‘‘when a rigid institutionalized                  services. Earnings were monitored                     requirements, relaxed additional aspects
                                             regulatory environment was expected to                  through part 32 data that incumbent                   of the affiliate transaction rules, reduced
                                             continue forever.’’ In 1986, the                        LECs filed annually through the                       the cost of regulatory compliance with
                                             Commission adopted the USOA                             Commission’s Automated Reporting                      cost allocation rules for mid-sized
pmangrum on DSK3GDR082PROD with RULES




                                             contained in part 32 to respond to the                  Management Information System                         incumbent LECs, and reduced financial
                                             ‘‘introduction of competition and an                    (ARMIS). Future carriers’ charges were                reporting requirements. And in 2008,
                                             explosion of new products and services                  adjusted if profit margins were above or              the Commission forbore from applying
                                             to which the existing systems could not                 below the prescribed rate of return.                  its cost assignment rules and financial
                                             respond without massive modification.’’                    7. In 1991, the Commission adopted                 reporting rules to AT&T, Verizon, and
                                                4. The Commission intended the                       price cap regulation for the largest                  Qwest, finding that its need for cost data
                                             USOA to ‘‘accommodate generally                         incumbent local exchange carriers                     had significantly diminished with


                                        VerDate Sep<11>2014   13:02 May 03, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\04MYR1.SGM   04MYR1


                                                                 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Rules and Regulations                                            20835

                                             continuing refinement of price cap                      II. Discussion                                        equal to or above $152.5 million) and
                                             ratemaking and universal service                           12. In this Order, we make significant             Class B (smaller carriers). These rules
                                             reforms.                                                revisions to our part 32 USOA                         require Class A carriers to generally
                                                10. In 2012, USTelecom filed a                       accounting rules and take a number of                 maintain 138 accounts, which provide
                                                                                                     steps to substantially reduce the                     more detailed records of investment,
                                             petition pursuant to section 10 of the
                                                                                                                                                           expense, and revenue than the 80
                                             Act requesting that the Commission                      accounting burdens on incumbent LECs.
                                                                                                                                                           accounts that smaller Class B carriers
                                             forbear from enforcing certain ‘‘legacy                 First, we streamline the USOA for all
                                                                                                                                                           are required to maintain. When the
                                             telecommunications regulations.’’ In the                carriers, amending 39 rules effective
                                                                                                                                                           Commission adopted this regime, it
                                             USTelecom Forbearance Order, the                        January 1, 2018. Second, we allow price
                                                                                                                                                           drew this line to ‘‘adopt a far less
                                             Commission extended the forbearance it                  cap carriers to elect to use GAAP for all
                                                                                                                                                           burdensome system’’ for smaller
                                             had granted to AT&T, Verizon, and                       regulatory accounting purposes so long
                                                                                                                                                           carriers—but one that was nevertheless
                                             Qwest to other price cap carriers, but                  as they comply with targeted accounting
                                                                                                                                                           sufficient to meet its statutory
                                             declined to forbear from applying the                   rules. These additional reforms will
                                                                                                                                                           obligations. The Commission has
                                             USOA to these carriers. Nevertheless,                   eliminate burdensome accounting
                                                                                                                                                           gradually altered these requirements as
                                             the Commission ‘‘acknowledge[d] that                    requirements that serve no federal                    regulatory needs and market conditions
                                             further streamlining of our rules is                    purpose for electing price cap carriers.              have changed.
                                             likely appropriate,’’ and promised to                      13. The reforms we adopt herein will                  16. We now eliminate the
                                             ‘‘conduct a comprehensive review of the                 significantly reduce the regulatory                   classification of carriers, so that all
                                             Part 32 Uniform System of Accounts’’                    burdens associated with maintaining                   carriers subject to part 32’s USOA will
                                                                                                     separate sets of financial accounts. As               be required to keep only the streamlined
                                             with the aim of ‘‘minimiz[ing] the
                                                                                                     previously noted, while part 32                       Class B accounts and will otherwise be
                                             compliance burdens of our regulations
                                                                                                     specifies a chart of accounts and the                 treated as Class B carriers for purposes
                                             while ensuring our continued access to
                                                                                                     types of transactions to be maintained in             of part 32. Collapsing the distinction
                                             the relevant financial information                      each account, GAAP allows companies
                                             necessary to fulfill our duties.’’                                                                            between Class A and Class B carriers
                                                                                                     to determine their own system of                      will simplify our rules and reduce the
                                                11. On September 15, 2014, the                       accounts subject to certain principles in             number of accounts that Class A carriers
                                             Commission published the                                the form of an overarching system of                  must keep by one-third. Doing so will
                                             Comprehensive Review of Uniform                         broad accounting guidelines that                      ensure a more uniform treatment of
                                             System of Accounts, Notice of Proposed                  address the recording of assets,                      accounts for carriers subject to the
                                             Rulemaking, 79 FR 54942 (2014 NPRM),                    liabilities, and stockholders’ equity.                USOA, simplifying both compliance for
                                             initiating the instant proceeding to                    Further, GAAP allows carriers to record               carriers and oversight by the
                                             reform its rules to ease the accounting                 financial transactions in a manner that               Commission. Furthermore, we find that
                                             burdens on carriers. First, the 2104                    reflects the broader nature of the                    eliminating Class A treatment is
                                             NPRM proposed to streamline the                         enterprise, while part 32 compliance                  sufficient to meet our regulatory needs,
                                             Commission’s USOA accounting rules                      requires carriers to maintain two                     since no rate-of-return carrier (i.e., those
                                             while preserving their existing                         separate sets of financial and accounting             where cost accounting is most
                                             structure. In this regard, the 2014 NPRM                books for federal regulatory purposes.                important) is required by the
                                             proposed to consolidate Class A and                     Commenters emphasized the                             Commission’s rules today to keep Class
                                             Class B accounts, to revise our rules                   burdensome nature of this requirement,                A accounts.
                                             regarding continuing property records                   which we acknowledge here.                               17. Ad Hoc disagrees, arguing that
                                             for price cap carriers, and to better align                                                                   eliminating the distinction would
                                                                                                     A. Streamlining the USOA
                                             with GAAP the USOA’s asset                                                                                    prevent the Commission from carrying
                                             accounting rules, its Allowance-for-                       14. In this section, we adopt revisions            out its statutory duties. Ad Hoc argues
                                                                                                     to part 32 that significantly streamline              that we should retain the Class A
                                             Funds-Used-During-Construction
                                                                                                     the accounting requirements applicable                accounts for cable and wire facilities,
                                             (AFUDC) rules, its materiality rules, and
                                                                                                     to incumbent LECs. Specifically, we                   depreciation, amortization, amortizable
                                             its rules requiring that carriers submit
                                                                                                     adopt our proposals to consolidate Class              assets, and revenue reporting for the
                                             all prior period adjustments (PPAs) and
                                                                                                     A and Class B accounts and to revise                  basic local exchange category that
                                             unusual or extraordinary items to the
                                                                                                     our rules regarding continuing property               includes private line revenue because
                                             Commission for review and approval. It
                                                                                                     records for price cap carriers. We better             doing so has ‘‘obvious import, both for
                                             sought comment on whether to better                     align with GAAP the USOA’s asset                      the setting of pole and conduit rates and
                                             align the USOA’s depreciation and cost                  accounting rules, its AFUDC rules, and                for the ongoing special access
                                             of removal-and-salvage accounting rules                 its materiality rules. And we decline to              proceeding.’’
                                             with GAAP. Second, the 2014 NPRM                        amend the USOA’s depreciation and                        18. Contrary to Ad Hoc’s contentions,
                                             also sought focused comment on                          cost of removal-and-salvage rules. These              maintenance of accounts at the Class B
                                             additional specific requirements that                   revisions, with the exception of the                  level, coupled with the Commission’s
                                             should be applied to price cap carriers.                continuing property records rules, will               ability to require carriers to produce
                                             These included ‘‘eliminating the                        apply to all carriers subject to part 32’s            additional accounting data when there
                                             requirement that price cap carriers                     USOA, but not to any price cap carriers               is an express federal need, will enable
                                             comply with the USOA and imposing                       that elect to use GAAP accounting.                    us to ensure that Class A carriers’ rates
                                             targeted accounting requirements that fit                                                                     are just and reasonable and not
pmangrum on DSK3GDR082PROD with RULES




                                             our specific statutory needs.’’ Third, it               1. Consolidating the Class A and Class                unreasonably discriminatory. Indeed, no
                                             sought comment on several related                       B Accounts                                            rate-of-return carrier currently qualifies
                                             issues, including state requirements,                     15. Part 32, as authorized by section               as a Class A carrier, although the
                                             rate effects, implementation, and legal                 220(h) of the Act, divides incumbent                  Commission’s need for part 32
                                             authority. The Commission received ten                  LECs into two classes for accounting                  accounting data are unquestionably
                                             comments and seven reply comments in                    purposes based on annual revenues:                    greater for carriers subject to rate-of-
                                             response to the 2014 NPRM.                              Class A (carriers with annual revenues                return regulation and legacy universal


                                        VerDate Sep<11>2014   13:02 May 03, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\04MYR1.SGM   04MYR1


                                             20836               Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Rules and Regulations

                                             service mechanisms that tie federal                     accounting obligation to maintain                     offers the ‘‘case-by-case’’ standard
                                             support to a carrier’s reported costs.                  continuing property records necessary                 proposed by the Nevada Public Utilities
                                             And Ad Hoc offers nothing beyond mere                   to track substantial assets and                       Commission—and we agree with the
                                             assertions that the rates would differ in               investments in an accurate, auditable                 state commission that the Commission
                                             any material way with Class B                           manner that enables them to verify their              will ‘‘ultimately be[] the arbiter’’ of
                                             treatment, and ignores the fact that the                accounting books, make such property                  whether a carrier has complied with
                                             Commission neither relied on part 32                    information available to the                          GAAP’s materiality standard.
                                             accounts when formulating its special                   Commission upon request, and ensure                      26. We also agree with Alexicon that
                                             access data collection nor relied on any                the maintenance of such data. This rule               ‘‘it would be beneficial to NECA and its
                                             existing part 32 Class A account in the                 change reflects the expectations and                  pool members if the Commission
                                             2014 NPRM. We accordingly find Ad                       commitments connected with the                        adopted a definition of materiality that
                                             Hoc’s assertions speculative and                        forbearance relief we granted in the                  provided guidance related to NECA’s
                                             baseless.                                               USTelecom Forbearance Order.                          review procedures.’’ Indeed, more
                                                19. Furthermore, we conclude that                      22. We decline at this time to require              particular guidance may be especially
                                             section 402(c) of the                                   price cap carriers to file compliance                 important for carriers receiving legacy
                                             Telecommunications Act of 1996 does                     plans, as proposed by the 2014 NPRM,                  universal service support because
                                             not prohibit us from eliminating the                    to the extent they have not done so. No               federal support is tied to the reported
                                             distinction between Class A and Class B                 commenter addressed this issue. In the                costs of such carriers. We adopt the
                                             carriers. That section states that ‘‘[i]n               absence of record support for the                     general materiality guidelines
                                             classifying carriers according to section               proposal, we decline to adopt any                     promulgated by the Auditing Standards
                                             32.11 of [the FCC’s] regulations . . . the              compliance plan filing requirement.                   Board. Materiality levels are in large
                                             Commission shall adjust the revenue                                                                           part a matter of professional judgment,
                                                                                                     3. Aligning the USOA More Closely
                                             requirements to account for inflation                                                                         and according to generally accepted
                                                                                                     With GAAP
                                             . . . annually.’’ In the 2014 NPRM, the                                                                       auditing standards, may consider such
                                             Commission did ‘‘not read this                             23. In the 2014 NPRM, the                          factors as:
                                             provision to require the Commission to                  Commission proffered several different                   (1) The elements of the financial
                                             classify carriers for purposes of Part 32               proposals for aligning the USOA more                  statements (for example, assets,
                                             accounting rules, but instead to require                closely with GAAP. We adopt the                       liabilities, equity, income, and
                                             annual adjustments so long as the                       proposals to align with GAAP the                      expenses) and the financial statement
                                             Commission continues to classify                        USOA’s asset accounting rules, its                    measures defined in generally accepted
                                             carriers for these purposes.’’ The only                 AFUDC rules, and its materiality rules.               accounting principles (for example,
                                             party to address this issue agreed with                 First, we align our definition of original            financial position, financial
                                             this interpretation. We adopt it now.                   cost to align with GAAP so that carriers              performance, and cash flows), or other
                                                                                                     carry an asset at its purchase price when             specific requirements;
                                             2. Continuing Property Records for Price                it was acquired, even if its value has                   (2) Where there are financial
                                             Cap Carriers                                            increased or has declined when it goes                statement items on which, for the
                                                20. In the USTelecom Forbearance                     into regulated service. Second, we allow              particular entity, users’ attention tends
                                             Order, the Commission concluded that                    carriers to reprice an asset at market                to be focused (for example, for the
                                             forbearance from the continuing                         value after a merger or acquisition. The              purpose of evaluating financial
                                             property records requirements in                        record is barren of evidence that these               performance);
                                             § 32.2000(e) and (f) was warranted for                  requirements for carriers to price assets                (3) The nature of the entity and the
                                             price cap carriers, as long as they could               differently than they would in the                    industry in which it operates; and
                                             demonstrate in compliance plans how                     ordinary course of business retain any                   (4) The size of the entity, nature of its
                                             they would ‘‘maintain the records                       value.                                                ownership, and the way it is financed.
                                             necessary to track substantial assets and                  24. Third, we find that using GAAP                    Because independent auditors are
                                             investment in an accurate, auditable                    principles to determine AFUDC should                  required to undertake assessments of
                                             manner that enables them to verify                      be the applicable standard. We revise                 materiality and risk in all audit
                                             account balances in their Part 32                       the rules accordingly. As the                         engagements, their judgment can and
                                             Uniform System of Accounts, make                        Commission noted at the time, the                     should be relied upon when
                                             such property information available to                  resulting difference in accounting is                 determining materiality levels for
                                             the Commission upon request, and                        immaterial from a regulatory                          purposes of regulatory reporting and
                                             ensure maintenance of such data.’’ In                   perspective but may increase the                      review.
                                             the 2014 NPRM, the Commission sought                    administrative burdens of compliance                     27. In contrast, we decline at this time
                                             comment on memorializing these                          for carriers otherwise required to meet               to revise the USOA’s depreciation
                                             requirements in a rule. USTelecom                       GAAP standards.                                       procedures or its rules for cost of
                                             supports requiring price cap carriers to                   25. Fourth, we revise our rules to                 removal-and-salvage accounting. As the
                                             maintain property records necessary to                  incorporate the concept of materiality.               Rural Associations argue, and we agree,
                                             track substantial investments in an                     As USTelecom explains, ‘‘USOA has no                  revising USOA’s depreciation rules
                                             auditable fashion that enables                          materiality standard and requires all                 might result in unpredictable changes in
                                             verification and the ability to make such               transactions be booked regardless of any              rates and universal service funding
                                             information available to the                            materiality consideration. This forces                mechanisms—potentially rendering
                                             Commission upon request. These data                     carriers to justify every accounting                  universal service support unpredictable
pmangrum on DSK3GDR082PROD with RULES




                                             can be maintained by utilizing GAAP,                    discrepancy, no matter how trivial and                absent further study. And we find the
                                             according to USTelecom. No party                        immaterial, thereby adding unnecessary                record too spare to quell the concern we
                                             opposed the property records proposal                   costs to the preparation and audit of a               recognized in the 2014 NPRM that
                                             advanced in the 2014 NPRM.                              carrier’s accounting records.’’ We agree              changing the USOA’s rules for cost of
                                                21. As proposed in the 2014 NPRM,                    and incorporate the GAAP standard of                  removal-and-salvage accounting could
                                             we revise part 32 to require price cap                  materiality for price cap carriers. We                have a significant impact on pole
                                             carriers with a continuing part 32                      believe the flexible GAAP standard                    attachment rates.


                                        VerDate Sep<11>2014   13:02 May 03, 2017   Jkt 241001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\04MYR1.SGM   04MYR1


                                                                 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Rules and Regulations                                            20837

                                                28. We are unconvinced that the                      rates. We address these four issues in                accordance with the statute. Nothing in
                                             generic opposition in the record to the                 turn.                                                 section 224 directs or requires us to rely
                                             wholesale adoption of GAAP for rate-of-                    32. Pole Attachment Rates. Section                 on the USOA, and we see no reason to
                                             return carriers warrants rejecting the                  224 of the Act allows state commissions               subject one set of pole and conduit
                                             targeted reforms we adopt in this                       to regulate pole attachment rates so long             owners to onerous accounting
                                             Section. Nor are we convinced by the                    as they certify to the Commission that                obligations just because they happen to
                                             Rural Associations’ argument that no                    they will do so; elsewhere, the                       operate in a federal-default state or
                                             changes should be made to the USOA                      Commission’s rules apply. Under the                   happened to have provided telephone
                                             for rate-of-return carriers. The                        Commission’s rules, pole attachment                   service 21 years ago. Nor is there any
                                             association does not identify any of the                rates are set in the first instance through           reason to think the continued
                                             reforms we are adopting as significant,                 private negotiation using cost data                   maintenance of USOA data for pole
                                             nor do we find based on the record any                  reported by carriers. Because many                    attachments is necessary for any future
                                             reason to think that these paperwork-                   poles and conduits are owned by                       reforms. The Commission successfully
                                             reducing reforms will not be beneficial                 electric or other utilities not regulated             collected data from hundreds of carriers
                                             to rural carriers. Further, we do not                   by the Commission, our rules do not                   on demand in the special access
                                             anticipate any significant rate effects                 require all pole attachments to be based              proceeding, and it could require similar
                                             resulting from these efforts to further                 on USOA data, but instead require that                disclosure of pole attachment costs if
                                             align the USOA with GAAP principles.                    the ‘‘data and information should be                  the need should arise.
                                                                                                     based upon historical or original                        35. Nonetheless, we share the concern
                                             B. Elective Use of Targeted Accounting                  methodology’’ and ‘‘should be derived
                                             Rules for Price Cap Carriers                                                                                  of some commenters that a change in
                                                                                                     from ARMIS, FERC 1, or other reports                  accounting rules could lead to rate
                                                29. In the 2014 NPRM, the                            filed with state or federal regulatory                shock—a large swing in rates as price
                                             Commission sought comment on either                     agencies.’’ For incumbent LECs,                       cap carriers transition from one
                                             maintaining the USOA for price cap                      however, the Commission has relied on                 accounting system to another. This
                                             carriers or replacing it with a more                    data from ‘‘various Part 32 accounts                  possible rate differential is due to a
                                             limited set of accounting rules targeted                (e.g., gross pole investment, gross plant             number of factors, such as depreciation
                                             to our particular statutory needs. Based                investment, accumulated depreciation—                 rates, cost of removal, and return on
                                             on developments in the market and the                   poles, maintenance expense—poles                      investment. Pole attachment rates play a
                                             nature of telephone rate regulation, and                etc.).’’ And the Commission has used
                                             in light of the record before us, we                                                                          significant role in the deployment and
                                                                                                     the USOA data to modify the formula by
                                             conclude that we should let price cap                                                                         availability of voice, video, and data
                                                                                                     which pole attachment rates are
                                             carriers elect to use targeted accounting                                                                     networks, and sharp changes in pole
                                                                                                     calculated.
                                             rules in lieu of the strictures and the                    33. USTelecom and AT&T contend                     attachment rates may distort
                                             second set of books required by the                     that for price cap carriers, the use of a             infrastructure investment decisions and
                                             USOA.                                                   rate-of-return-based formula for pole                 in turn could negatively affect the
                                                30. Indeed, all evidence in the record               attachments does not preclude the use                 availability of advanced services and
                                             demonstrates that continued application                 of GAAP. Verizon agrees with                          broadband, contrary to the policy goals
                                             of the USOA to price cap carriers is a                  USTelecom, contending that the                        of the Act.
                                             substantial and unjustifiable burden.                   formulae used to derive pole attachment                  36. As such, we condition any price
                                             ACS, for example, ‘‘incurs substantial                  rates could be populated with GAAP-                   cap carrier’s election of GAAP
                                             and ongoing costs maintaining an entire                 based data. USTelecom also argues that                accounting on compliance with one of
                                             second set of account books that meet                   there is no evidence that relying upon                two framework options to mitigate any
                                             the requirements of the USOA. The                       GAAP would alter rates price cap                      disruption in pole attachment rates from
                                             information they contain has no bearing                 carriers charge for pole attachments,                 the election. The first option is for
                                             on ACS’s corporate planning, financial                  while AT&T contends that there is no                  electing carriers to calculate an
                                             results, or service rates.’’ CenturyLink                basis to believe that pole attachment                 Implementation Rate Difference
                                             appends to its comments an appendix of                  rates calculated based on GAAP                        between the attachment rates calculated
                                             the separate accounting entries it must                 accounting would not be just and                      by the price cap carrier under the USOA
                                             maintain to comply with USOA and                        reasonable. ACS also supports allowing                and under GAAP as of the last full year
                                             notes the ‘‘over 400 GAAP specific                      price cap carriers to use GAAP.                       preceding the carrier’s initial opting-out
                                             account codes’’ it must document so                     CenturyLink proposes to address                       of part 32 USOA accounting
                                             that its accountants can translate entries              concerns about possible harms to pole                 requirements. We further require
                                             from one set of books to the other. And                 attachment users during a transition to               electing carriers to adjust their annually
                                             AT&T explains how it must pay                           the use of GAAP by capping pole                       computed GAAP-based rates by the
                                             software engineers up to $24 million a                  attachment rates at their current levels              Implementation Rate Difference for a
                                             year to ‘‘bolt on’’ changes to vendor                   plus an annual inflation adjustment in                period of 12 years after the election.
                                             general ledger packages and to maintain                 states subject to federal regulation,                 This framework largely parallels the
                                             the USOA on top of its existing GAAP-                   except to the extent that rate increases              plan offered by industry representatives
                                             compliant accounts.                                     are justified. On the other hand, NCTA                to mitigate any pole attachment rate
                                                31. We conclude that none of the                     urges the Commission to continue                      increases due to fluctuations and timing
                                             three particular statutory obligations nor              compliance with part 32 accounting in                 differences associated with the
                                             the regulatory requirement identified in                connection with pole attachment data,                 treatment of depreciation rates, the cost
pmangrum on DSK3GDR082PROD with RULES




                                             the 2014 NPRM justify the requirement                   while NASUCA argues that targeted                     of removal, and salvage when GAAP is
                                             that price cap carriers comply with the                 accounting requirements would be more                 utilized instead of part 32. It relies on
                                             USOA. Instead, we conclude that price                   complicated and costly than                           the half-life of a typical pole to establish
                                             cap carriers may elect to comply with                   maintaining the current mechanisms.                   the 12-year term (as a means of ensuring
                                             GAAP accounting, subject to a                              34. We find that USOA accounting                   against double recovery). We find this
                                             commitment to mitigate any impact                       data are not necessary for the continued              option is an appropriate means of
                                             election would have on pole attachment                  development of pole attachment rates in               mitigating rate shock to attaching ISPs


                                        VerDate Sep<11>2014   13:02 May 03, 2017   Jkt 241001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\04MYR1.SGM   04MYR1


                                             20838               Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Rules and Regulations

                                             while still allowing the price cap carrier              are subject to competition.’’ As the 2014             between their local and long-distance
                                             to shed its USOA obligations.                           NPRM explained, the Commission has                    affiliates (to the extent they even offer
                                                37. As a second option, price cap                    never found it necessary to seek                      those services through separate
                                             carriers may comply with GAAP                           accounting data to address allegations of             affiliates). In the last 20 years, increased
                                             accounting for all purposes other than                  violations of section 254(k). In other                competition in access markets as a
                                             those associated with setting pole                      words, USOA data have not been                        result of legislative, regulatory, and
                                             attachment rates while continuing to                    needed to ensure compliance with                      technological changes has reduced the
                                             use the part 32 accounts and procedures                 section 254(k), even right after the end              need for section 272 imputation
                                             necessary to establish and evaluate pole                of legal telephone service monopolies in              requirements to prevent cross-
                                             attachment rates. Carriers have a period                the late 1990s. Given the advent of even              subsidization between incumbent LECs’
                                             of 12 years in which they can opt into                  more intermodal competition, we do not                local and long distance services. Thus,
                                             GAAP accounting for pole attachment                     foresee a need for USOA data to resolve               continued enforcement of the section
                                             rates and would be required to utilize                  any section 254(k) violations going                   272(e)(3) imputation requirements is not
                                             the Implementation Rate Difference for                  forward.                                              necessary to ensure that the charges,
                                             the remaining portion of the 12 years                      41. The Commission also sought                     practices, classifications, or regulations
                                             after they have chosen to move to GAAP                  comment on whether the harm intended                  by, for, or in connection with that
                                             accounting. We find that this approach                  to be addressed by section 272(e)(3)                  telecommunications carrier or
                                             offers flexibility for price cap carriers               continues to be a concern, or whether                 telecommunications service are just and
                                             who do not wish to immediately                          the Commission should consider                        reasonable and are not unjustly or
                                             transition to GAAP for purposes of                      forbearing from this requirement. In the              unreasonably discriminatory. Given
                                             setting pole attachment rates.                          record, the BOCs primarily focused on                 these changes in the regulatory
                                                38. We emphasize that a shift in                     alternatives to antiquated part 32                    landscape and the diminished
                                             accounting methodology (here, from                      accounting, rather than addressing                    importance of imputation requirements
                                             USOA to GAAP) does not change what                      forbearance from section 272(e)(3). In                to prevent marketplace harms, section
                                             costs may be included in pole                           evaluating the lack of utility of part 32             272(e)(3) is not necessary for the
                                             attachment rates—instead, it changes                    accounting rules, our attention is also               protection of consumers, and
                                             only how and when those costs are                       focused on regulatory requirements                    forbearance will be in the public
                                             recognized. We thus expect that shifting                such as section 272(e)(3) that, similar to            interest. Accordingly, we determine that
                                             the accounting method is unlikely to                    the USOA, have outgrown their                         forbearing from the continued
                                             result in abrupt changes in pole                        usefulness.                                           application of these requirements is
                                             attachment rates in the near term, and                     42. Before 1996, the BOCs were                     appropriate.
                                             that rates will remain steady over the                  prohibited from entering the long-                       44. Finally, we terminate the
                                             long-run. Price cap carriers have                       distance market (i.e., from offering                  conditions that the Commission placed
                                             explained that shifting accounting                      interexchange service) out of concern                 on a variety of carriers granted
                                             methods is ‘‘not an effort to increase                  that they could use their local monopoly              forbearance from our cost allocation
                                             pole attachment rates’’ and ‘‘not an                    to subsidize competitive operations in                rules. Forbearance was expressly
                                             attempt to do some other rate- or cost-                 the long-distance market. The                         premised on the continued availability
                                             shifting,’’ and we intend to monitor pole               Telecommunications Act created a path                 of part 32 accounting data and the filing
                                             attachment rates and hold them to that                  for the BOCs to enter that market,                    of compliance plans consistent with that
                                             promise.                                                requiring, among other things, that a                 condition. AT&T, Qwest and Verizon
                                                39. Finally, to facilitate transparency              BOC that offers its long-distance service             filed compliance plans that detailed
                                             of pole attachment rates during the                     to ‘‘impute to itself . . . an amount for             their commitment to continue to
                                             transition from USOA to GAAP, a pole                    access to its telephone exchange service              maintain part 32 accounting data. In the
                                             attacher may request that a price cap                   and exchange access that is no less than              2014 NPRM, the Commission invited
                                             carrier submit its pole attachment                      the amount charged to any unaffiliated                parties to comment on how changes to
                                             accounting data for a particular state to               interexchange carriers for such service.’’            the part 32 requirements would affect
                                             this Commission for three years                            43. We conclude that we should                     the commitments made in compliance
                                             following the effective date of the rule                forbear from the continued application                plans filed in connection with
                                             permitting a price cap carrier to elect                 of section 272(e)(3)’s imputation                     forbearance proceedings. Commenters
                                             GAAP accounting. Thus, if a pole                        requirements. No party commented on                   directly addressing this issue support
                                             attacher informs the Commission of a                    whether the Commission should                         the action taken herein. Although we
                                             suspected problem with pole                             forbear. The rationales for removing the              speculated in 2013 that ‘‘there may be
                                             attachment rates, the Commission will                   accounting requirements associated                    a ‘federal need for this accounting
                                             require the price cap carrier to file its               with section 272(e)(3) are equally                    information in the future to adjust our
                                             pole attachment data for the state in                   applicable to considerations of                       existing price cap regime or in our
                                             question. This requirement will assist                  forbearing from the requirements of the               consideration of reforms moving
                                             the parties and the Commission in                       subsection completely. In the USF/ICC                 forward,’’’ time has proven that
                                             monitoring and evaluating any abrupt                    Transformation Order, the Commission                  prediction untrue. And continuing to
                                             rate changes that may occur. If it proves               placed terminating intercarrier                       maintain these costly requirements on
                                             necessary, the Commission may extend                    compensation charges on a path toward                 the speculation that at some point, some
                                             this obligation for an additional three                 bill-and-keep, which greatly diminishes               day, the Commission might do
                                             years.                                                  the need for imputation charges.                      something with them fails any cost-
pmangrum on DSK3GDR082PROD with RULES




                                                40. Other Issues. We conclude that                   Furthermore, many other entities                      benefit analysis.
                                             USOA accounting data is unnecessary to                  provide integrated long-distance service,
                                             ensure compliance with section 254(k)                   such as non-BOC LECs, cable operators,                C. Other Considerations
                                             of the Act, which prohibits a                           over-the-top voice over Internet Protocol               45. We decline requests to reconsider
                                             telecommunications carrier from                         companies, and commercial mobile                      other deregulatory actions by the
                                             ‘‘us[ing] services that are not                         radio service providers; these entities               Commission in this proceeding.
                                             competitive to subsidize services that                  are not required to impute charges                    NASUCA broadly argues that it opposes


                                        VerDate Sep<11>2014   13:02 May 03, 2017   Jkt 241001   PO 00000   Frm 00016   Fmt 4700   Sfmt 4700   E:\FR\FM\04MYR1.SGM   04MYR1


                                                                 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Rules and Regulations                                            20839

                                             the rationale behind the 2014 NPRM                      Commission’s Report and Order, WC                     1934, as amended, 47 U.S.C. 160, 201,
                                             because the Commission has already                      Docket No. 14–130, CC Docket No. 80–                  219–220, 224, 254(k), 272(e)(3), 403, 47
                                             minimized the compliance burden                         286; FCC 17–15, adopted February 23,                  CFR parts 1, 32, and 65, are amended,
                                             below the level needed for its regulatory               2017 and released February 24, 2017.                  effective on a date (‘‘Effective Date’’)
                                             duties, and urges the Commission to                                                                           following publication in the Federal
                                                                                                     B. Final Paperwork Reduction Act
                                             reverse course on other information                                                                           Register of a document announcing
                                                                                                     Analysis
                                             requirements, pointing to ARMIS                                                                               approval by the Office of Management
                                             forbearance and other recent                               48. This document contains modified                and Budget (OMB) of these rules, which
                                             forbearance decisions. The issues                       information collection requirements                   contain requirements involving
                                             NASUCA raises are rejected as being                     subject to the Paperwork Reduction Act                Paperwork Reduction Act burdens, or
                                             overly vague and beyond the scope of                    of 1995 (PRA), Public Law 104–13. The                 on January 1, 2018, whichever is later,
                                             the 2014 NPRM. In any event, NASUCA                     requirements will be submitted to the                 with the exception of amendments to
                                             has not presented sufficient support for                Office of Management and Budget                       §§ 1.1409 and 32.1, which the Effective
                                             its arguments to allow the Commission                   (OMB) for review under Section 3507(d)                Date shall be following publication in
                                             to act on these requests, instead merely                of the PRA. OMB, the general public,                  the Federal Register of a document
                                             stating its objections to the proposed                  and other Federal agencies are invited to             announcing approval by OMB of these
                                             reforms in a conclusory manner and                      comment on the modified information                   amendments.
                                             failing to suggest concrete alternative                 collection requirements contained in                     53. It is further ordered that the
                                             solutions.                                              this proceeding. In addition, we note                 Commission shall send a copy of this
                                                                                                     that pursuant to the Small Business                   Report and Order to Congress and the
                                             IV. Referral to the Joint Board                         Paperwork Relief Act of 2002, Public                  Government Accountability Office
                                                46. We recognize that eliminating the                Law 107–198, see 44 U.S.C. 3506(c)(4),                pursuant to the Congressional Review
                                             distinctions between Class A and Class                  we previously sought specific comment                 Act, see 5 U.S.C. 801(a)(1)(A).
                                             B accounts and allowing all carriers to                 on how the Commission might further                      54. It is further ordered that the
                                             utilize the more streamlined                            reduce the information collection                     Commission’s Consumer and
                                             requirements of Class B accounts has                    burden for small business concerns with               Governmental Affairs Bureau, Reference
                                             implications for the Commission’s                       fewer than 25 employees.                              Information Center, shall send a copy of
                                             jurisdictional separations rules pursuant                  49. In this present document, we have              this Report and Order, including the
                                             to part 36. For instance, many of the                   assessed the effects of our streamlining              Final Regulatory Flexibility Analysis, to
                                             separations rules also designate                        the part 32 USOA accounting rules and                 the Chief Counsel for Advocacy of the
                                             accounts by Class A and Class B                         find that the Commission’s actions will               Small Business Administration.
                                             categories, and those rules likely would                result in overall reduced regulatory                     55. It is further ordered that, pursuant
                                             need to be modified to be consistent                    burdens for both price cap and rate-of-               to section 410(c) of the Communications
                                             with the revised part 32 regulations.                   return carriers, including small                      Act of 1934 as amended, 47 U.S.C.
                                             Accordingly, pursuant to section 410(c)                 businesses with fewer than 25                         410(c), the issues specified in Section IV
                                             of the Act, we refer to the Joint Board                 employees. In addition, the Report and                of this Report and Order are hereby
                                             the issue of examining jurisdictional                   Order allows price cap carriers to elect              referred to the Federal-State Joint Board
                                             separations rules in light of the reforms               to use GAAP for all regulatory                        on Separations for preparation of a
                                             adopted to the part 32 regulations in                   accounting purposes so long as they                   recommended decision to be produced
                                             this Report and Order. We ask the Joint                 comply with targeted accounting rules.                within nine months of publication in
                                             Board to consider the reforms adopted                   Because incumbent LECs subject to                     the Federal Register.
                                             in this Report and Order and to consider                price cap regulation are among the                       56. It is further ordered that, should
                                             how such reforms impact part 36 and                     largest of telecommunications                         no petitions for reconsideration,
                                             consequently the rule changes necessary                 companies, we do not anticipate any                   applications for review, or petitions for
                                             to ensure the jurisdictional separations                impact from this action on small                      judicial review be timely filed, this
                                             rules are consistent. We request that the               businesses with fewer than 25                         proceeding shall be terminated and its
                                             Joint Board prepare a recommended                       employees.                                            docket closed.
                                             decision within nine months of                          C. Congressional Review Act                           List of Subjects in 47 CFR Parts 1, 32,
                                             publication in the Federal Register                                                                           and 65
                                             regarding how and when the                                50. The Commission will send a copy
                                             Commission’s jurisdictional separations                 of this Report and Order in a report to                 Communications common carriers,
                                             rules should be modified to reflect the                 be sent to Congress and the Government                Reporting and recordkeeping
                                             issues in the referral.                                 Accountability Office pursuant to the                 requirements, Telephone, Uniform
                                                                                                     Congressional Review Act, see 5 U.S.C.                system of accounts.
                                             V. Procedural Matters                                   801(a)(1)(A).                                         Federal Communications Commission.
                                             A. Final Regulatory Flexibility Analysis                VI. Ordering Clauses                                  Marlene H. Dortch,
                                                47. As required by the Regulatory                      51. Accordingly, it is ordered that,                Secretary.
                                             Flexibility Act of 1980 (RFA), an Initial               pursuant to the authority contained in                Final Rules
                                             Regulatory Flexibility Analysis (IRFA)                  sections 10, 201, 219–220, 224, 254(k),                 For the reasons discussed in the
                                             was incorporated into the 2014 NPRM.                    272(e)(3), and 403 of the                             preamble, the Federal Communications
                                             The Commission sought written public                    Communications Act of 1934, as
pmangrum on DSK3GDR082PROD with RULES




                                                                                                                                                           Commission amends 47 CFR parts 1, 32,
                                             comment on the possible significant                     amended, 47 U.S.C. 160, 201, 219–220,                 and 65 as follows:
                                             economic impact on small entities                       224, 254(k), 272(e)(3), 403, this Report
                                             regarding the proposals in the 2014                     and Order is adopted.                                 PART 1—PRACTICE AND
                                             NPRM, including comments on the                           52. It is further ordered that, pursuant            PROCEDURE
                                             IRFA. Pursuant to the RFA, a Final                      to the authority contained in sections
                                             Regulatory Flexibility Analysis (FRFA)                  10, 201, 219–220, 224, 254(k), 272(e)(3),             ■ 1. The authority citation for part 1 is
                                             is set forth in Appendix C of the                       and 403 of the Communications Act of                  revised to read as follows:


                                        VerDate Sep<11>2014   13:02 May 03, 2017   Jkt 241001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\04MYR1.SGM   04MYR1


                                             20840               Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Rules and Regulations

                                               Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.            USOA has been designed to reflect                          (c) Account 3100, Accumulated
                                             151, 154(j), 160, 201, 225, 303, and 309.               stable, recurring financial data based to                depreciation through Account 3400,
                                             ■ 2. Section 1.791 is revised to read as                the extent regulatory considerations                     Accumulated amortization—tangible,
                                             follows:                                                permit upon the consistency of the well                  shall include the asset reserves except
                                                                                                     established body of accounting theories                  that reserves related to certain asset
                                             § 1.791 Reports and requests to be filed                and principles commonly referred to as                   accounts will be included in the asset
                                             under part 32 of this chapter.
                                                                                                     generally accepted accounting                            account. (See §§ 32.2005, 32.2682 and
                                                Reports and requests shall be filed                  principles (GAAP). Price cap companies                   32.2690.)
                                             either periodically, upon the happening                 that have opted-out of USOA
                                             of specified events, or for specific                                                                             *     *     *     *     *
                                                                                                     requirements pursuant to the conditions                  ■ 10. Section 32.103 is revised to read
                                             approval by telephone companies in                      specified by the Commission in
                                             accordance with and subject to the                                                                               as follows:
                                                                                                     § 32.11(g) are relieved of the rules of this
                                             provisions of part 32 of this chapter.                  part in their entirety, including any                    § 32.103 Balance sheet accounts for other
                                             ■ 3. Section 1.1409 is amended by                       other rules or orders that are derivative                than regulated-fixed assets to be
                                             adding paragraph (g) to read as follows:                of or dependent on the rules in this part.               maintained.
                                                                                                                                                                Balance sheet accounts to be
                                             § 1.1409 Commission consideration of the                § 32.3       [Removed and Reserved]
                                             complaint.
                                                                                                                                                              maintained by companies for other than
                                                                                                     ■ 6. Section 32.3 is removed and                         regulated-fixed assets are indicated as
                                             *      *    *     *     *                               reserved.                                                follows:
                                                (g) A price cap company opting-out of                ■ 7. Section 32.11 is amended by
                                             part 32 of this chapter may calculate                   revising the section heading and                                  BALANCE SHEET ACCOUNTS
                                             attachment rates for its poles, conduits,               paragraph (a), removing and reserving
                                             and rights of way using either part 32                  paragraphs (b) though (f), and adding                                    Account title
                                             accounting data or GAAP accounting                      paragraph (g) to read as follows:
                                             data. A price cap company using GAAP                                                                                        Current assets
                                             accounting data to compute rates to                     § 32.11       Companies subject to this part.            Cash and equivalents .....................          1120
                                             attach to its poles, conduits, and rights                 (a) This part applies to every                         Receivables .....................................   1170
                                             of way in any of the first twelve years                 incumbent local exchange carrier, as                     Allowance for doubtful accounts .....               1171
                                             after opting-out must adjust (increase or               defined in section 251(h) of the                         Supplies:
                                             decrease) its annually computed GAAP-                   Communications Act, and any other                          Material and supplies ..................          1220
                                             based rates by an Implementation Rate                                                                            Prepayments ...................................     1280
                                                                                                     carrier that the Commission designates                   Other current assets .......................        1350
                                             Difference for each of the remaining                    by order. This part refers to such                                Noncurrent assets
                                             years in the period. The Implementation                 carriers as ‘‘companies’’ or ‘‘Class B                   Investments:
                                             Rate Difference means the difference                    companies.’’ Incumbent local exchange                      Nonregulated investments ...........              1406
                                             between attachment rates calculated by                  carriers’ successor or assign companies,                   Other noncurrent assets ..............            1410
                                             the price cap carrier under part 32 and                 as defined in section 251(h)(1)(B)(ii) of                Deferred charges:
                                             under GAAP as of the last full year                     the Communications Act, that are found                     Deferred maintenance, retire-                     1438
                                             preceding the carrier’s initial opting-out              to be non-dominant by the Commission,                        ments and other deferred
                                             of part 32 USOA accounting                              will not be subject to this Uniform                          charges.
                                             requirements.                                                                                                    Other:
                                                                                                     System of Accounts.                                        Other jurisdictional assets-net .....             1500
                                                                                                     *     *     *     *      *
                                             PART 32—UNIFORM SYSTEM OF                                 (g) Notwithstanding paragraph (a) of
                                             ACCOUNTS FOR                                                                                                     ■  11. Section 32.2000 is amended by:
                                                                                                     this section, a price cap company that                   ■  a. Removing and reserving paragraph
                                             TELECOMMUNICATIONS COMPANIES                            elects to calculate its pole attachment                  (a)(4);
                                             ■ 4. The authority citation for part 32 is              rates pursuant to § 1.1409(g) of this                    ■ b. Revising paragraphs (b)(1),
                                             revised to read as follows:                             chapter will not be subject to this                      (b)(2)(iii), and (c)(2)(x);
                                                                                                     Uniform System of Accounts.                              ■ c. Adding paragraph (e)(8); and
                                               Authority: 47 U.S.C. 219, 220 as amended,
                                                                                                     ■ 8. Section 32.26 is revised to read as                 ■ d. Revising paragraphs (f)(2)(iii) and
                                             unless otherwise noted.
                                                                                                     follows:                                                 (j).
                                             ■ 5. Section 32.1 is revised to read as                                                                             The revisions and addition read as
                                             follow:                                                 § 32.26       Materiality.
                                                                                                                                                              follows:
                                                                                                       (a) Except as provided in paragraph
                                             § 32.1   Background.
                                                                                                     (b) of this section, companies may abide                 § 32.2000 Instructions for
                                                The revised Uniform System of                        by the materiality standards of GAAP                     telecommunications plant accounts.
                                             Accounts (USOA) is a historical                         when implementing this system of                            (a) * * *
                                             financial accounting system which                       accounts.                                                   (4) [Reserved]
                                             reports the results of operational and                    (b) For companies that receive High-                      (b) * * *
                                             financial events in a manner which                      Cost Loop Support, or Connect America                       (1) Property, plant and equipment
                                             enables both management and                             Fund Broadband Loop Support,                             acquired from an entity, whether or not
                                             regulators to assess these results within               materiality shall be determined                          affiliated with the accounting company,
                                             a specified accounting period. The                      consistent with the general materiality                  shall be accounted for at original cost,
                                             USOA also provides the financial                        guidelines promulgated by the Auditing                   except that property, plant and
pmangrum on DSK3GDR082PROD with RULES




                                             community and others with financial                     Standards Board.                                         equipment acquired from a nonaffiliated
                                             performance results. In order for an                    ■ 9. Section 32.101 is amended by                        entity through an acquisition or merger
                                             accounting system to fulfill these                      revising paragraph (c) to read as follows:               may be accounted for at market value at
                                             purposes, it must exhibit consistency                                                                            the time of the acquisition or merger.
                                             and stability in financial reporting                    § 32.101 Structure of the balance sheet                     (2) * * *
                                             (including the results published for                    accounts.                                                   (iii) Accumulated Depreciation and
                                             regulatory purposes). Accordingly, the                  *        *       *      *       *                        amortization balances related to plant


                                        VerDate Sep<11>2014   13:02 May 03, 2017   Jkt 241001   PO 00000   Frm 00018      Fmt 4700   Sfmt 4700   E:\FR\FM\04MYR1.SGM    04MYR1


                                                                 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Rules and Regulations                                                         20841

                                             acquired shall be credited to Account                   or more retirement units or of minor                          ■ 15. Section 32.2310 is revised to read
                                             3100, Accumulated depreciation, or                      items without replacement when not                            as follows:
                                             Account 3200, Accumulated                               included in the costs of retirement
                                             depreciation—held for future                            units, the actual cost or a reasonably                        § 32.2310 Information origination/
                                                                                                                                                                   termination.
                                             telecommunications use, or Account                      accurate estimate of the cost of the plant
                                             3400, Accumulated amortization—                         retired can be determined.                                      This account shall be used by
                                             tangible and debited to Account 1438.                                                                                 companies to record the original cost of
                                                                                                     *       *    *    *     *                                     information origination/termination
                                             Accumulated amortization balances                          (j) Plant accounts to be maintained by
                                             related to plant acquired which                                                                                       equipment of the type and character
                                                                                                     telephone companies as indicated:                             detailed in Accounts 2311 through
                                             ultimately is recorded in Accounts
                                             2005, Telecommunications plant                                                                                        2362.
                                                                                                                     Account title
                                             adjustment, Account 2682, Leasehold                                                                                   ■ 16. Section 32.2410 is revised to read
                                             improvements, or Account 2690,                                     Regulated plant                                    as follows:
                                             Intangibles shall be credited to these                  Property, plant and equipment:                                § 32.2410   Cable and wire facilities.
                                                                                                       Telecommunications plant in                        1 2001
                                             asset accounts, and debited to Account
                                                                                                          service.                                                   This account shall be used by
                                             1438.
                                                                                                       Property held for future tele-                     2002     companies to record the original cost of
                                             *       *    *    *     *                                    communications use.                                      cable and wire facilities of the type and
                                                (c) * * *                                              Telecommunications plant under                     2003     character detailed in Accounts 2411
                                                (2) * * *                                                 construction-short term.                                 through 2441.
                                                (x) Allowance for funds used during                    Telecommunications plant adjust-                   2005     ■ 17. Section 32.2680 is revised to read
                                             construction (‘‘AFUDC’’) provides for                        ment.
                                                                                                                                                                   as follows:
                                             the cost of financing the construction of                 Nonoperating plant ......................          2006
                                             telecommunications plant. AFUDC shall                     Goodwill .......................................   2007     § 32.2680   Amortizable tangible assets.
                                             be charged to Account 2003,                                 Telecommunications plant in
                                                                                                                                                                     This account shall be used by
                                             Telecommunications plant under                                     service (TPIS)
                                                                                                     TPIS—General support assets:                                  companies to record amounts for
                                             construction, and credited to Account                                                                                 property acquired under capital leases
                                                                                                       Land and support assets .............              2110
                                             7300, Nonoperating income and                           TPIS—Central Office assets:                                   and the original cost of leasehold
                                             expense. The rate for calculating                         Central Office—switching ............              2210     improvements of the type of character
                                             AFUDC shall be determined in                              Operator systems ........................          2220     detailed in Accounts 2681 and 2682.
                                             accordance with GAAP when                                 Central Office—transmission .......                2230
                                             implementing this system of accounts.                   TPIS—Information origination/termi-                           § 32.2682   [Amended]
                                             The amount of interest cost capitalized                   nation assets:                                              ■ 18. Section 32.2682 is amended by
                                             in an accounting period shall not exceed                  Information origination termi-                     2310     removing the last sentence in paragraph
                                             the total amount of interest cost                            nation.
                                                                                                     TPIS—Cable and wire facilities as-
                                                                                                                                                                   (c).
                                             incurred by the company in that period.
                                                                                                       sets:                                                       § 32.2690   [Amended]
                                             *       *    *    *     *                                 Cable and wire facilities ..............           2410
                                                (e) * * *                                            TPIS—Amortizable assets:                                      ■ 19. Section 32.2690 is amended by
                                                (8) Notwithstanding any other                          Amortizable tangible assets ........               2680     removing and reserving paragraph (b).
                                             provision of this part concerning                         Intangibles ...................................    2690     ■ 20. Section 32.3000 is revised to read
                                             continuing property records, carriers                       1 Balance    sheet summary account only.                  as follows:
                                             subject to price cap regulations set forth
                                             in part 61 of this chapter shall maintain               ■ 12. Section 32.2110 is revised to read                      § 32.3000 Instructions for balance sheet
                                                                                                                                                                   accounts—depreciation and amortization.
                                             property records necessary to track                     as follows:
                                             substantial assets and investments in an                                                                                 (a) Depreciation and amortization
                                             accurate, auditable manner that enables                 § 32.2110       Land and support assets.                      subsidiary records. (1) Subsidiary record
                                             them to verify their accounting books,                    This account shall be used by                               categories shall be maintained for each
                                             make such property information                          companies to record the original cost of                      class of depreciable telecommunications
                                             available to the Commission upon                        land and support assets of the type and                       plant in Account 3100 for which there
                                             request, and ensure the maintenance of                  character detailed in Accounts 2111                           is a prescribed depreciation rate. (See
                                             such data.                                              through 2124.                                                 also § 32.2000(g)(1)(iii).)
                                                (f) * * *                                                                                                             (2) Subsidiary records shall be
                                                                                                     ■ 13. Section 32.2210 is revised to read
                                                (2) * * *                                                                                                          maintained for Accounts 2005, 2682,
                                                                                                     as follows:
                                                (iii) The continuing property record                                                                               2690, 3400 in accordance with
                                             shall reveal the description, location,                 § 32.2210       Central office—switching.                     § 32.2000(h)(4).
                                             date of placement, the essential details                  This account shall be used by                                  (b) Depreciation and amortization
                                             of construction, and the original cost                  companies to record the original cost of                      accounts to be maintained by telephone
                                             (note also paragraph (f)(3) of this                     switching assets of the type and                              companies, as indicated.
                                             section) of the property record units.                  character detailed in Accounts 2211
                                                                                                                                                                               Account title
                                             The continuing property records shall                   through 2212.
                                             be compiled on the basis of original cost               ■ 14. Section 32.2230 is revised to read                      Depreciation and amortization:
                                             (or other book cost consistent with this                as follows:                                                     Accumulated depreciation ...........   3100
pmangrum on DSK3GDR082PROD with RULES




                                             system of accounts) and maintained in                                                                                   Accumulated depreciation—Held          3200
                                             such manner as will provide for the                     § 32.2230       Central office—transmission.                      for future telecommunications
                                             verification of property record units by                  This account shall be used by                                   use.
                                             physical examination. The continuing                    companies to record the original cost of                        Accumulated depreciation—Non-          3300
                                             property record and other underlying                    radio systems and circuit equipment of                            operating.
                                                                                                                                                                     Accumulated depreciation—Tan-          3400
                                             records of construction costs shall be so               the type and character detailed in                                gible.
                                             maintained that, upon retirement of one                 Accounts 2231 and 2232.


                                        VerDate Sep<11>2014   13:02 May 03, 2017   Jkt 241001   PO 00000   Frm 00019      Fmt 4700      Sfmt 4700     E:\FR\FM\04MYR1.SGM   04MYR1


                                             20842                    Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Rules and Regulations

                                             ■ 21. Section 32.3400 is amended by                            Such subsidiary record categories shall                                Account title
                                             revising paragraph (a) introductory text                       be reported as required by part 43 of this
                                             to read as follows:                                            chapter.                                                 Depreciation and amortization ex-                  6560
                                                                                                            *     *    *     *    *                                    penses.
                                             § 32.3400      Accumulated amortization—                                                                              Customer operations expense:
                                             tangible.                                                        (n) Revenue accounts to be
                                                                                                                                                                     Marketing .....................................    6610
                                                                                                            maintained.
                                               (a) This account shall include:                                                                                       Services .......................................   6620
                                             *     *     *    *    *                                                                                               Corporate operations expense:
                                                                                                                          Account title                              General and administrative .........               6720
                                             ■ 22. Section 32.3999 is revised to read                                                                                Provision for uncollectible notes                  6790
                                             as follows:                                                    Local network services revenues:                           receivable.
                                                                                                              Basic local service revenue.
                                             § 32.3999 Instructions for balance sheet                       Network access service revenues:
                                             accounts—liabilities and stockholders’                           End user revenue ........................   5081     ■ 27. Section 32.6110 is revised to read
                                             equity.                                                          Switched access revenue ...........         5082     as follows:
                                                                                                              Special access revenue ..............       5083
                                                 LIABILITIES AND STOCKHOLDERS’ EQ-                          Long distance network services                         § 32.6110       Network support expenses.
                                                  UITY ACCOUNTS TO BE MAINTAINED                              revenues:                                               (a) Companies shall use this account
                                                                                                              Long distance message revenue               5100     for expenses of the type and character
                                                  BY COMPANIES                                              Miscellaneous revenues:                                detailed in Accounts 6112 through
                                                                                                              Miscellaneous revenue ................      5200
                                                            Account title                                                                                          6114.
                                                                                                            Nonregulated revenues:
                                                                                                              Nonregulated operating revenue              5280        (b) Credits shall be made to this
                                             Current liabilities:                                           Uncollectible revenues:                                account by companies for amounts
                                               Current accounts and notes pay-                  4000          Uncollectible revenue ..................    5300     transferred to Construction and/or other
                                                  able.                                                                                                            Plant Specific Operations Expense
                                               Customer’s Deposits ...................          4040
                                               Income taxes—accrued ...............             4070        ■ 24. Section 32.5000 is revised to read               accounts. These amounts shall be
                                               Other taxes—accrued .................            4080        as follows:                                            computed on the basis of direct labor
                                               Net Current Deferred Nonop-                      4100                                                               hours.
                                                  erating Income Taxes.                                     § 32.5000     Basic local service revenue.
                                                                                                                                                                   ■ 28. Section 32.6120 is revised to read
                                               Net Current Deferred Nonop-                      4110          Companies shall use this account for                 as follows:
                                                  erating Income Taxes.                                     revenues of the type and character
                                               Other current liabilities ................       4130        detailed in Accounts 5001 through                      § 32.6120       General support expenses.
                                             Long-term debt:                                                5060.                                                    Companies shall use this account for
                                               Long Term debt and Funded                        4200
                                                                                                            ■ 25. Section 32.5200 is amended by                    expenses of the type and character
                                                  debt.
                                             Other liabilities and deferred cred-                           revising the introductory text to read as              detailed in Accounts 6121 through
                                               its:                                                         follows:                                               6124.
                                               Other liabilities and deferred                   4300                                                               ■ 29. Section 32.6230 is amended to
                                                                                                            § 32.5200     Miscellaneous revenue.
                                                  credits.                                                                                                         read:
                                               Unamortized operating invest-                    4320          This account shall include revenue
                                                  ment tax credits—net.                                     derived from the following sources, as                 § 32.6230       Central office transmission
                                               Unamortized nonoperating invest-                 4330        well as revenue of the type and                        expense.
                                                  ment tax credits—net.                                     character detailed in Account 5230,                      Companies shall use this account for
                                               Net noncurrent deferred oper-                    4340        Directory revenue.                                     expenses of the type and character
                                                  ating income taxes.
                                               Net deferred tax liability adjust-               4341        *     *    *     *     *                               detailed in Accounts 6231 and 6232.
                                                  ments.                                                    ■ 26. Section 32.5999 is amended by                    ■ 30. Section 32.6310 is revised to read
                                               Net noncurrent deferred nonop-                   4350        revising paragraph (g) to read as follows:             as follows:
                                                  erating income taxes.
                                               Deferred tax regulatory adjust-                  4361        § 32.5999     General.                                 § 32.6310 Information origination/
                                                  ments—net.                                                *    *    *    *    *                                  termination expenses.
                                               Other jurisdictional liabilities and             4370         (g) Expense accounts to be                              Companies shall use this account for
                                                  deferred credits—net.                                     maintained.                                            expenses of the type and character
                                             Stockholder’s equity:                                                                                                 detailed in Accounts 6311 through
                                               Capital stock ................................   4510                      Account title
                                               Additional paid-in capital .............         4520
                                                                                                                                                                   6362.
                                               Treasury stock .............................     4530            Income Statement Accounts                          ■ 31. Section 32.6410 is revised to read
                                               Other capital ................................   4540        Plant specific operations expense:                     as follows:
                                               Retained earnings .......................        4550          Network support expense ...........         6110
                                                                                                                                                                   § 32.6410 Cable and wire facilities
                                                                                                              General support expenses ..........         6120
                                                                                                                                                                   expenses.
                                             ■ 23. Section 32.4999 is amended by                              Central office switching expense            6210
                                             revising paragraphs (f) and (n) to read as                       Operators system expense .........          6220       Companies shall use this account for
                                             follows:                                                         Central office transmission ex-             6230     expenses of the type and character
                                                                                                                 penses.                                           detailed in Accounts 6411 through
                                             § 32.4999      General.                                          Information       origination/termi-        6310     6441.
                                             *      *    *     *     *                                           nation expense.
                                                                                                                                                                   ■ 32. Section 32.6510 is revised to read
pmangrum on DSK3GDR082PROD with RULES




                                                (f) Subsidiary records—jurisdictional                         Cable and wire facilities ex-               6410
                                                                                                                 penses.                                           as follows:
                                             subdivisions and interconnection.
                                                                                                            Plant nonspecific operations ex-
                                             Subsidiary record categories shall be                                                                                 § 32.6510 Other property, plant and
                                                                                                              pense:
                                             maintained in order that the company                                                                                  equipment expenses.
                                                                                                              Other property plant and equip-             6510
                                             may separately report revenues derived                              ment expenses.                                      Companies shall use this account for
                                             from charges imposed under intrastate,                           Network operations expenses .....           6530     expenses of the type and character
                                             interstate and international tariff filings.                     Access expense ..........................   6540     detailed in Accounts 6511 and 6512.


                                        VerDate Sep<11>2014      17:00 May 03, 2017      Jkt 241001    PO 00000   Frm 00020   Fmt 4700    Sfmt 4700   E:\FR\FM\04MYR1.SGM     04MYR1


                                                                 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Rules and Regulations                                                    20843

                                             ■ 33. Section 32.6530 is revised to read                               Account title                              ■ 41. The heading for part 65 is revised
                                             as follows:                                                                                                       to read as set forth above.
                                                                                                     Operating taxes:
                                             § 32.6530   Network operations expense.                    Operating taxes ...........................   7200
                                                                                                                                                               ■ 42. Section 65.810 is revised to read
                                               Companies shall use this account for                  Nonoperating income and expense:                          as follows:
                                             expenses of the type and character                         Nonoperating income and ex-                   7300     § 65.810   Definitions.
                                             detailed in Accounts 6531 through                             pense.
                                             6535.                                                   Nonoperating taxes:                                         As used in this subpart ‘‘account
                                             ■ 34. Section 32.6560 is revised to read
                                                                                                        Nonoperating taxes .....................      7400     xxxx’’ means the account of that number
                                                                                                     Interest and related items:                               kept in accordance with the Uniform
                                             as follows:                                                Interest and related items ...........        7500     System of Accounts for
                                             § 32.6560 Depreciation and amortization                    Extraordinary items .....................     7600     Telecommunications Companies in 47
                                             expenses.                                               Jurisdictional differences and non-
                                                                                                        regulated income items:
                                                                                                                                                               CFR part 32.
                                               Companies shall use this account for                     Income effect of jurisdictional               7910     ■ 43. Section 65.820 is amended by
                                             expenses of the type and character                            ratemaking difference—net.                          revising paragraph (d) to read as
                                             detailed in Accounts 6561 through                          Nonregulated net income ............          7990     follows:
                                             6565.
                                             ■ 35. Section 32.6610 is revised to read                ■ 38. Section 32.7200 is revised to read                  § 65.820   Included items.
                                             as follows:                                             as follows:                                               *      *     *     *    *
                                             § 32.6610   Marketing.                                                                                               (d) Cash working capital. The average
                                                                                                     § 32.7200      Operating taxes.                           amount of investor-supplied capital
                                               Companies shall use this account for
                                             expenses of the type and character                        Companies shall use this account for                    needed to provide funds for a carrier’s
                                             detailed in Accounts 6611 through                       operating taxes of the type and character                 day-to-day interstate operations.
                                             6613.                                                   detailed in Accounts 7210 through                         Carriers may calculate a cash working
                                                                                                     7250.                                                     capital allowance either by performing a
                                             ■ 36. Section 32.6620 is revised to read
                                                                                                     ■ 39. Section 32.9000 is amended by                       lead-lag study of interstate revenue and
                                             as follows:
                                                                                                     revising the definition of ‘‘Original cost’’              expense items or by using the formula
                                             § 32.6620   Services.                                   to read as follows:                                       set forth in paragraph (e) of this section.
                                               Companies shall use this account for                                                                            Carriers, in lieu of performing a lead-lag
                                             expenses of the type and character                      § 32.9000      Glossary of terms.                         study or using the formula in paragraph
                                             detailed in Accounts 6621 through                       *     *    *     *     *                                  (e) of this section, may calculate the
                                             6623.                                                     Original cost or cost, as applied to                    cash working capital allowance using a
                                             ■ 37. Section 32.6999 is revised to read                telecommunications plant, rights of way                   standard allowance which will be
                                             as follows:                                             and other intangible property, means                      established annually by the Chief,
                                                                                                     the actual money cost of (or the current                  Wireline Competition Bureau. When
                                             § 32.6999   General.                                    money value of any consideration other                    either the lead-lag study or formula
                                               (a) Structure of the other income                     than money exchanged for) property at                     method is used to calculate cash
                                             accounts. The other income accounts                     the time when it was purchased.                           working capital, the amount calculated
                                             are designed to reflect both operating                  *     *    *     *     *                                  under the study or formula may be
                                             and nonoperating income items                                                                                     increased by minimum bank balances
                                             including taxes, extraordinary items and                PART 65—INTERSTATE RATE OF                                and working cash advances to
                                             other income and expense items not                      RETURN PRESCRIPTION,                                      determine the cash working capital
                                             properly included elsewhere.                            PROCEDURES, AND                                           allowance. Once a carrier has selected a
                                               (b) Other income accounts listing.                    METHODOLOGIES                                             method of determining its cash working
                                                                                                                                                               capital allowance, it shall not change to
                                                         Account title                               ■ 40. The authority citation for part 65                  an optional method from one year to the
                                                                                                     continues to read as follows:                             next without Commission approval.
                                             Other operating income and ex-
                                               pense:                                                  Authority: 47 U.S.C. 151, 154(i), 155, 201,             *      *     *     *    *
                                               Other operating income and ex-           7100         205, 214, 219, 220, 254, 303(r), 403, and 1302            [FR Doc. 2017–07175 Filed 5–3–17; 8:45 am]
                                                 pense.                                              unless otherwise noted.                                   BILLING CODE 6712–01–P
pmangrum on DSK3GDR082PROD with RULES




                                        VerDate Sep<11>2014   13:02 May 03, 2017   Jkt 241001   PO 00000   Frm 00021    Fmt 4700     Sfmt 9990    E:\FR\FM\04MYR1.SGM   04MYR1



Document Created: 2017-05-04 01:49:18
Document Modified: 2017-05-04 01:49:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe rules adopted in this document shall become effective on January 1, 2018, with the exception of amendments to Sec. Sec. 1.1409 and 32.1, which shall become effective following publication in the Federal Register of a document announcing approval by OMB of these amendments.
ContactRobin Cohn, Wireline Competition Bureau, Pricing Policy Division at (202) 418-2747 or at [email protected], or Nicole Ongele, Office of Managing Director at (202) 418-2991 or at [email protected]
FR Citation82 FR 20833 
CFR Citation47 CFR 1
47 CFR 32
47 CFR 65
CFR AssociatedCommunications Common Carriers; Reporting and Recordkeeping Requirements; Telephone and Uniform System of Accounts

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR