Date: Thu, 19 Dec 1996 16:21:40 -0800 (PST) From: Michael Dillon <michael@memra.com> To: isp-marketing@sparknet.net Subject: Re: New Telco Charges? Message-ID: <Pine.BSI.3.93.961219161217.22426L-100000@sidhe.memra.com> In-Reply-To: <Pine.BSI.3.93.961218201053.9863G-100000@sidhe.memra.com>
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On Thu, 19 Dec 1996, Michael Dillon wrote:
> Go to the library and look up 47 CFR Section 69.115(e)(4) and (e)(6)
> or ask your lawyer about this.
> I am somewhat limited in my ability to
> research this since I am not in the USA.
Thanks to Jessica at blarg.net here is 47 CFR Section 69.115
-HEAD-
Sec. 69.115 Special access surcharges.
-TEXT-
(a) Pending the development of techniques accurately to measure
usage of exchange facilities that are interconnected by users with
means of interstate or foreign telecommunications, a surcharge that
is expressed in dollars and cents per line termination per month
shall be assessed upon users that subscribe to private line
services or WATS services that are not exempt from assessment
pursuant to paragraph (e) of this section.
(b) Such surcharge shall be computed to reflect a reasonable
approximation of the carrier usage charges which, assuming
non-premium interconnection, would have been paid for average
interstate or foreign usage of common lines, end office facilities,
and transport facilities, attributable to each Special Access line
termination which is not exempt from assessment pursuant to
paragraph (e) of this section.
(c) If the association, carrier or carriers that file the tariff
are unable to estimate such average usage for a period ending May
31, 1985, the surcharge for such period shall be twenty-five
dollars ($25) per line termination per month.
(d) A telephone company may propose reasonable and
nondiscriminatory end user surcharges, to be filed in its federal
access tariffs and to be applied to the use of exchange facilities
which are interconected by users with means of interstate or
foreign telecommunication which are not provided by the telephone
company, and which are not exempt from assessment pursuant to
paragraph (e) of this section. Telephone companies which wish to
avail themselves of this option must undertake to use reasonable
efforts to identify such means of interstate or foreign
telecommunication, and to assess end user surcharges in a
reasonable and nondiscriminatory manner.
(e) No special access surcharges shall be assessed for any of the
following terminations:
(1) The open end termination in a telephone company switch of an
FX line, including CCSA and CCSA-equivalent ONALs;
(2) Any termination of an analog channel that is used for radio
or television program transmission;
(3) Any termination of a line that is used for telex service;
(4) Any termination of a line that by nature of its operating
characteristics could not make use of common lines; and
(5) Any termination of a line that is subject to carrier usage
charges pursuant to Sec. 69.5.
(6) Any termination of a line that the customer certifies to the
exchange carrier is not connected to a PBX or other device capable
of interconnecting a local exchange subscriber line with the
private line or WATS access line.
(47 U.S.C. 154 (i) and (j), 201, 202, 203, 205, 218 and 403 and 5
U.S.C. 553)
(48 FR 43019, Sept. 21, 1983, as amended at 49 FR 7829, Mar. 2,
1984; 51 FR 10841, Mar. 31, 1986; 52 FR 8259, Mar. 17, 1987)
Michael Dillon - Internet & ISP Consulting
Memra Software Inc. - Fax: +1-604-546-3049
http://www.memra.com - E-mail: michael@memra.com
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