[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11067]
[[Page Unknown]]
[Federal Register: May 10, 1994]
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FEDERAL COMMUNICATIONS COMMISSION
[CC Docket No. 90-571; DA 94-298]
Telecommunications Relay Services
AGENCY: Federal Communications Commission.
ACTION: Order.
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SUMMARY: In fulfillment of requirements of the Americans with
Disabilities Act of 1990 (ADA), the Commission added rules which
requires the Telecommunications Relay Services (TRS) fund administrator
to file annual estimated TRS fund requirements for the shared-funding
mechanism to recover the costs of providing interstate TRS. As stated
in FCC Order in CC Docket 90-571 (DA 94-298) adopted April 1, 1994 and
released April 5, 1994, the National Exchange Carrier Association, Inc.
(NECA), who is the interim fund administrator, has filed its estimates
for the period April 1994 through March 1995. Based on those estimates,
the contribution factor and the ``1994 TRS Fund Worksheet'' (FCC Form
431 attached hereto) were adopted.
EFFECTIVE DATE: April 5, 1994.
FOR FURTHER INFORMATION CONTACT:
Linda Dubroof, Domestic Facilities Division, Common Carrier Bureau,
(202) 634-1808, or James Lande, Industry Analysis Division, Common
Carrier Bureau, (202) 632-1371.
SUPPLEMENTARY INFORMATION: Pursuant to the Order, the TRS Fund
Worksheet, FCC Form 431, is effective for the period April 26, 1994
through March 25, 1995. All subject carriers are required to file the
form annually and contribute to the TRS Fund. The TRS Fund reimburses
TRS providers for the costs of providing interstate TRS. The Order
provides that the Commission publish the 1994 TRS Fund Worksheet, FCC
Form 431, in the Federal Register.
Federal Communications Commission.
A. Richard Metzger, Jr.,
Acting Chief, Common Carrier Bureau.
Instructions for Completing the Worksheet for Calculating and Filing
Carrier Contributions to Fund Interstate Telecommunications Relay
Service (TRS)
TRS Fund Worksheet
Notice to individuals: Section 64.604(c)(4)(iii) of the
Commission's Rules requires all carriers providing interstate
service to complete this worksheet and to contribute funding for
interstate Telecommunications Relay Services (TRS). The collection
of information and fees stems from the Commission's authority under
the Communications Act of 1934, Sections 4, 48, 48 Stat. 1066, as
amended, 47 U.S.C. 154 unless otherwise noted. Interpret or apply
Sections 201, 211, 218, 219, 220, 225 48 Stat. 1073, 1077, as
amended; 47 U.S.C. 201, 211, 218, 219, 220, 225. The data in the
report will be used to ensure that carriers properly fund interstate
TRS. Selected information provided in the worksheet will be made
available to the public in a manner consistent with the Commission's
Rules. All carriers providing interstate telecommunications service
must file this worksheet. Other telecommunications carriers may
voluntarily file this worksheet.
The foregoing Notice is required by the Privacy Act of 1974,
P.L. 93-579, December 31, 1974, 5 U.S.C. 552(a)(e)(3), and the
Paperwork Reduction Act of 1980, P.L. 96-511, Section 3504(c)(3).
Public reporting burden for this collection of information is
estimated to average 2 hours per response including the time for
reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden
estimate or any other aspect of this collection of information,
including suggestions for reducing the reporting burden to the
Federal Communications Commission, Records Management Division,
Washington, DC 20554, and the Office of Information and Regulatory
Affairs, Office of Management and Budget, Paperwork Reduction
Project (3060-0536), Washington, DC 20503.
I. Introduction
On July 15, 1993, the Commission adopted rules that require all
providers of interstate telecommunications services to contribute to
the provision of TRS based on their proportionate share of gross
interstate revenues. Section 64.604(c)(4)(iii) directs carriers to
calculate and file their contribution in accordance with TRS Fund
Worksheet.
Contributions shall be calculated and filed in accordance with a
``TRS Fund Worksheet'', which will be prepared and published in the
Federal Register. The worksheet sets forth information that must be
provided by the contributor, the formula for computing the
contribution, the manner of payment, and due dates for payments.
II. Filing Requirements and General Instructions
A. Who Must File
All common carriers providing interstate telecommunications
services within the United States must file this worksheet. For this
purpose, the United States is defined as the conterminous United
States, Alaska, Hawaii, American Samoa, Baker Island, Guam, Howland
Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island,
Navassa Island, the Northern Mariana Islands, Palmyra, Puerto Rico,
the U.S. Virgin Islands, and Wake Island.
For the purpose of calculating TRS contributions, interstate
telecommunications service includes, but is not limited to the
interstate portion of the following types of services: cellular
telephone and paging, mobile radio, operator services, personal
communications service (PCS), access (including Subscriber Line
Charges), alternative access and special access, packet-switched,
WATS, 800, 900, message telephone service (MTS), private line,
telex, telegraph, video, satellite, international, intraLATA, and
resale services. Note, that all local exchange carriers provide
interstate access services, and therefore must file.
Carriers need not file if they provide only intrastate service.
Carriers need not file if they did not provide interstate service in
calendar year 1993. However, all such carriers are encouraged to
file because all carriers that file will be included in the FCC
Carrier Locator. The Carrier Locator is a directory of
telecommunications common carriers available to the public through
the Commission's contract copier or on-line through the FCC-State
Link computer bulletin board at (202) 632-1361. All carriers that
are required to file or that voluntarily file must include a TRS
fund contribution. The minimum contribution is $100.
Entities may not file summary reports for more than one carrier.
Each legal entity that provides Interstate telecommunications
service must file separately. Entities that have distinct articles
of incorporation are separate legal entities. All affiliates or
subsidiaries should identify the ultimate controlling parent or
entity in Block 1, Line (1c)--Holding Company.
B. When and Where to File
The 1994 TRS contribution period will fund interstate TRS
provided between May 1, 1994 and April 30, 1995. Monthly
contributions for the 1994 TRS contribution period must be received
by the 26th of each month for April 1994 through March 1995. A
revised TRS Worksheet will be released for the 1995 TRS contribution
period.
The legal name of the carrier and the TRS Company Code (if
known) should be shown on all checks exactly as it appears on the
completed TRS Fund Worksheet. Do not mail the TRS worksheet or TRS
contribution checks to the FCC. Payments must be received by the FCC
TRS Fund Administrator--the National Exchange Carrier Association
(NECA)--no later than the dates indicated below. The filing schedule
is as follows:
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Payments due 4/26/94
Mailing address Worksheet due 4/26/94 through 3/26/95*
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NECA TRS, P.O. Box ....................... Check**.
360090, Pittsburgh, PA
15251-6090.
NECA, FCC TRS Fund Completed worksheet.... Photocopy of check**.
Administration, 100
South Jefferson Rd.,
Whippany, NJ 07981;
Telephone: 201-884-
8173; Fax: 201-884-
8469.
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*Carriers whose total 1994 TRS contribution is less than $1,200 must pay
the total amount to the FCC TRS Fund Administrator no later than April
26, 1994. Carriers whose total 1994 TRS contribution is $1,200 or
greater may elect to make twelve equal monthly payments with the first
payment due to the FCC TRS Fund Administrator no later than April 26,
1994.
**Carriers are encouraged to contact the FCC TRS Fund Administrator to
make arrangements for Electronic Funds Transfer.
C. Rounding of Numbers
All information provided in the worksheet, except the signature,
should be neatly printed in ink or typed. Reported revenues in block
2, column (b) may be rounded to the nearest thousand dollars.
Regardless of rounding, all dollar amounts must be reported in whole
dollars. For example, $2,271,881.93 could be reported as $2,271,882
or as $2,272,000, but could not be reported as $2,272 thousand or
$2.272 million. Please enter $0 if there was no revenue for the line
for 1993.
Percentages reported in block 2, column (c) should be rounded to
the nearest whole percent. For example, if the ratio of interstate
to total revenue was .4269155, then the figure 43% should be
reported. Percentages between 0% and 1% should be reported as 1%.
Please enter 0% if there was no interstate revenue for the line for
1993.
Interstate revenues are calculated as total revenues in column
(b) times the percentage shown in column (c). Calculated interstate
revenues should be rounded to the nearest whole dollar and entered
in column (e). Similarly, the total contribution (block 3, line
(18)) and amounts enclosed with the filing (block 3, line (19))
should be rounded to the nearest whole dollar.
D. Compliance
Carriers failing to file the TRS Worksheet in a timely fashion
are subject to the fines prescribed in Section 219(b) of the
Communications Act of 1934 (the Act). Carriers filing false
information are subject to fines or imprisonment as specified in
Section 220(e) of the Act. Carriers failing to contribute in a
timely fashion are subject to fines prescribed in Section 503(b) of
the Act. In addition, Section 64.604(c)(4) of the Commission's Rules
authorizes the FCC Fund Administrator to bill a carrier for
reasonable costs, including legal fees, that are caused by improper
filing of the worksheet or overdue TRS contributions.
III. Specific Instructions
A. Block 1: Carrier Identification
Block 1 of the TRS Fund Worksheet requires identification
information. Line 1a requests the legal name of the carrier as it
appears on articles of incorporation or other legal documents. Line
1b provides a checkoff for the principal carrier activity. Please
check the category that best describes the carrier.
LEC--Local Exchange Carrier--provider of franchised local
exchange service.
Cellular--Cellular telephone company.
Mobile--Any non-cellular provider of mobile services, such as a
radio telephone, paging, or PCS.
OSP--Operator Service Providers--are companies other than LECs
that provide services to customers needing assistance of an operator
such as to complete away from home calls, or calls using alternate
billing arrangements. These companies typically employ operators as
well as credit and cash card technologies to complete calls.
IXC--Interexchange Carrier.
CAP--Competitive Access Provider--competes with local exchange
carriers to provide services that link customers with interexchange
facilities, local exchange networks, or other customers.
Pay Telephone--Provides customers access to telephone networks
through pay telephone equipment, special teleconference rooms, etc.
Reseller--Leases underlying transmission facilities for purposes
of providing interexchange service.
Other--Check other if none of the above categories describes the
carriers.
Line 1c requests the name of the holding company or controlling
entity, if any. All affiliates should have the same name for line
1c. Line 2 requests the principal business name under which the
company conducts carrier activities. This would typically be the
name that appears on customer bills, or the name used when service
representatives answer customer inquiries. For example, American
Telephone and Telegraph, Inc. might show AT&T. Line 3 requests the
complete mailing address of the corporate headquarters. Line 4
requests a telephone number that can be used for customer inquiries.
Information provided in Block 1 will be published in the industry
Analysis Division Carrier Locator.
B. Block 2: Carrier Revenue for Calendar Year 1993
1. Column (b)
Provide gross revenues for all telecommunications services for
calendar 1993. Gross revenues include revenues from regulated,
detariffed, and nonregulated telecommunications services. Gross
revenues should not include nontelecommunications services, such as
the lease of customer premises equipment. Gross revenues consist of
total revenues billed to customers with no allowances for
uncollectibles. Billed revenues may be distinct from booked
revenues. NECA pool companies should report the actual gross billed
revenues (CABS Revenues) reported to the NECA pool and not
settlement revenues received from the pool. For international
services, gross revenues consist of gross revenues billed by U.S.
carriers with no allowances for settlement payments. Gross revenues
should also include any surcharges on communications services that
are billed to the customer and either retained by the carrier or
remitted to a non-government third party under contract. Gross
revenues should exclude taxes and any surcharges that are not
recorded as revenue, but which are instead remitted to government
bodies. Carrier revenue data for calendar 1993 should be taken from
the latest available company official records as of April 1994.
Report carrier revenues using the categories shown in column (a)
of Block 2. Carriers required to use the Uniform System of Accounts
(USOA) prescribed in Part 32 of the Commission's rules should base
their response on their USOA account data. Other carriers should
divide gross revenues based on the following descriptions.
Line (5)--Local exchange service--should include the basic local
service revenues of local exchange carriers except for local private
line revenue, access revenues, and revenues from providing mobile or
cellular services to the public. Line (5) should include Account
5001--basic area revenue; Account 5002--Optional extended area
revenue; Account 5003--Cellular mobile revenue (revenue to the local
exchange carrier for messages between a cellular customer and
another station within the mobile service area); Account 5050--
Customer premises revenue; Account 5060--Other local exchange
revenue; and, Account 5069--Other local exchange revenue
settlements. Line (5) should also include amounts in Account 5004--
Other mobile services revenue--that were derived from connecting
with mobile service carriers.
Line (5) should not include Account 5010--pay telephone
revenues. Such revenues should be included in line (11)--Operator
service and pay telephone revenues. In addition, Line (5) should not
include revenues from the Universal Service Fund and Lifeline
Assistance Revenues (reimbursement for the waived portion of
subscriber line charges). Such revenues should be included in Line
(9)--interstate access revenues.
Line (6)--Local private line service--should include revenues
from providing local services that involve dedicated circuits,
private switching arrangements and/or predefined transmission paths.
Line (6) should include amounts recorded in Account 5040--Local
private line revenue.
Line (7)--Mobile radio, cellular, and paging--should include
revenues from the provision of mobile radio, cellular, and paging
services to the public. Line (7) should also include amounts in
Account 5004--Other mobile services revenue--that were derived from
providing service directly to the public.
Line (8)--Alternative access, PCS & other--should include all
other local service revenues, including revenues for competitive
access providers, personal communications services (PCS), etc. Line
(8) should include Account 5200--Miscellaneous revenue.
Long distance revenues include intrastate, interstate, and
international long distance services. Divide long distance revenues
between access service, operator service, other switched service,
long distance private line services, and all other long distance
services.
Line (9)--Interstate access--should include revenues in Account
5081--End User revenue; Account 5082--Switched access revenue; and,
Account 5083--Special access revenue. In addition, line (9) should
include revenues from the Universal Service Fund and Lifeline
Assistance Revenues (reimbursement for the waived portion of
subscriber line charges). Only carriers collecting revenues pursuant
to interstate access tariffs filed with the FCC should be reporting
non-zero amounts on line (9).
Line (10)--Intrastate access--should include revenues in Account
5084--State access revenue. Only carriers collecting revenues
pursuant to intrastate access tariffs should be reporting data in
line (10).
Line (11)--Operator service and Pay Telephone--should include
all calling card or credit card calls, person to person calls, and
calls with alternative billing arrangements such as third number
billing and collect calls. In addition, Line (11) should also
include all pay telephone revenue, including all revenue in Account
5010. Operator service revenues should include all toll traffic from
coin, public and semi-public, accommodation and prison telephones.
Line (12)--Non-operator switched toll service--should include
amounts from Account 5100--Long distance message revenue--except for
amounts reported in Line (11). Line (12) includes WATS, 800, 900,
``WATS like'' and similar switched service.
Line (13)--Long distance private line service--should include
revenue from dedicated circuits, private switching arrangements,
and/or predefined transmission paths, extending beyond the basic
service area. Line (13) should include Account 5120--Long distance
private network revenue.
Line (14)--All other long distance--should include all other
revenues from providing long distance communications services. Line
(14) should include Account 5160--Other long distance revenue.
Total the figures in column (b) for Line (5) through Line (14)
and enter this amount in Line (15b). This should represent the total
communications revenues for the company.
2. Column (c) and Column (d)
For each entry in Line (5) through Line (14), estimate the
percentage of revenues in Column (b) that are for interstate and/or
international service, and enter this percentage in Column (c).
Interstate revenues include all revenues received for calls that do
not originate and terminate in the same state. For example, if a
cellular carrier collects a fixed amount of revenue per minute of
traffic, and 10% of minutes are interstate, then interstate revenues
would include 10% of the per minute revenues.
Wherever possible, carriers should calculate the percentage of
total revenues that are interstate by using information from their
books of accounts and other internal data reporting systems.
Carriers who cannot calculate a percentage by using information from
their books of accounts and other internal data reporting systems,
may elect to rely on a special study to estimate the percentages.
Place a check mark in Column (d) if the percentage shown in Column
(c) was based on a study e.g., not based on a direct calculation
from revenue amounts taken from the carrier's book of account.
3. Column (e)
Multiply the gross revenues reported in Column (b) by the
interstate percentages reported in Column (c), putting the results
in Column (e). The sum of the figures in Column (e), Lines (5)
through (14), should be entered in Line (15e).
C. Block 3: Calculation of Contribution
Use block 3 in the worksheet to calculate the TRS contribution
for the period May 1, 1994 through April 30, 1995. Total interstate
revenues from Line (15e) should be copied to Line (16). This amount
must be multiplied by the Contribution Rate shown in Line (17), with
the result entered in Line (18). The contribution rate is 0.00030
for the 1994 filing year.
If the result of the calculation is less than $100, then the
total contribution is $100. If the total contribution is less than
$1,200, then the carrier should remit the total contribution with
the worksheet. If the total liability is equal to or greater than
$1,200, then the carrier may elect to make 12 equal monthly
payments. The monthly contribution should be calculated as the
amount in Line (18) divided by 12.0, rounded to the nearest whole
dollar. Enter the amount of the April 26, 1994 fund contribution in
Line (19). If the carrier elects to make monthly contributions, the
eleven additional monthly contributions must be received by the 26th
of succeeding months, May 1994 through March 1995.
Section II--B above provides directions for mailing the
completed TRS Fund Worksheet and checks for amounts due to the FCC
Fund Administrator. Carriers who check the box in Line (19) will
receive monthly payment reminders. These reminders will be mailed to
the address shown in Line (3). Contact the NECA, the FCC Fund
Administrator to make other arrangements. Failure to receive a
reminder notice will not justify late payments.
D. Block 4. Certification
An officer of the fund contributor must examine the data
provided in the TRS Fund Worksheet and certify that the information
provided therein is accurate. In addition, the fund contributor
should provide the name of a contact person who can provide
clarifications, if necessary, and who could serve as the first point
of contact in the event that either the FCC or the FCC Fund
Administrator should choose to audit information provided by the
company.
Line (26) provides a check off to show whether the worksheet is
the original filing for 1994, or whether the worksheet is a revised
1994 filing. A carrier must file a revised worksheet if it discovers
an error in the data that it reports. Carriers generally close their
books for financial purposes by April. Carriers should not report
routine out of period adjustments to revenue data unless such
adjustments would affect a reported amount by more than 10%.
Carriers should not file a revised Form 431 to reflect mergers,
acquisitions, or sale of operating units. In the event that a
carrier that filed a Form 431 no longer exists, the successor
company to the carrier's assets or operations is responsible to
continue making payments for the funding period.
IV. Reminders
--Each affiliate or subsidiary must file separately. Each should
show the same holding company name on Line 1c.
--Provide data for all lines that apply. Show a zero for all items
where the carrier had no revenue for calendar 1993.
--Only LECs should be reporting revenue on Line 5.
--Only carriers with access tariffs should be reporting access
revenues on line 9 and line 10.
--All pay telephone, credit card, debit card, and operator assisted
revenue should be included on Line 11.
--Check the special study box for each line where the percentage of
interstate revenues cannot be directly calculated from revenue
amounts taken from the carrier's books of account.
--Include the legal name of the carrier (Line 1a) on all TRS fund
checks. Also include the TRS company code on checks. The TRS company
code is assigned by NECA, the fund administrator.
BILLING CODE 6712-01-M
TN10MY94.000
BILLING CODE 6712-01-C
Notice to individuals: Section 64.604(c)(4)(iii) of the
Commission's Rules requires all carriers providing interstate
service to complete this worksheet and to contribute funding for
interstate Telecommunications Relay Services (TRS). The collection
of information and fees stems from the Commission's authority under
the Communications Act of 1934, Sections 4, 48, 48 Stat. 1066, as
amended, 47 U.S.C. 154 unless otherwise noted. Interpret or apply
Sections 201, 211, 218, 219, 220, 225, 48 Stat. 1073, 1077, as
amended; 47 U.S.C. 201, 211, 218, 219, 220, 225. The data in the
report will be used to ensure that carriers properly fund interstate
TRS. Selected information provided in the worksheet will be made
available to the public in a manner consistent with the Commission's
Rules. All carriers providing interstate telecommunications service
must file this worksheet. Other telecommunications carriers may
voluntarily file this worksheet.
The foregoing Notice is required by the Privacy Act of 1974,
P.L. 93-579, December 31, 1974, 5 U.S.C. 552(a)(e)(3), and the
Paperwork Reduction Act of 1980, P.L. 96-511, Section 3504(c)(3).
Public reporting burden for this collection of information is
estimated to average 2 hours per response including the time for
reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden
estimate or any other aspect of this collection of information,
including suggestions for reducing the reporting burden to the
Federal Communications Commission, Records Management Division,
Washington, DC 20554, and the Office of Information and Regulatory
Affairs, Office of Management and Budget, Paperwork Reduction
Project (3060-0536), Washington, DC 20503.
[FR Doc. 94-11067 Filed 5-9-94; 8:45 am]
BILLING CODE 6712-01-M
