Comprehensive Review of the Uniform System of Accounts; Jurisdictional Separations and Referral to the Federal-State Joint Board, 63581-63587 [2018-25803]
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provisions) for the purposes of section
113 of the Clean Air Act and shall be
enforceable by EPA and by any person
in the same manner as other
requirements of the SIP.
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[FR Doc. 2018–26688 Filed 12–10–18; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 36
[WC Docket No. 14–130, CC Docket No. 80–
286; FCC 18–141]
Comprehensive Review of the Uniform
System of Accounts; Jurisdictional
Separations and Referral to the
Federal-State Joint Board
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission simplifies its jurisdictional
separations rules, applying the
separations processes previously
reserved for smaller carriers to all
carriers subject to those rules, and
harmonizing the jurisdictional
separations rules with the accounting
rules. With this action, the Commission
continues to modernize existing rules
and eliminate outdated compliance
requirements.
DATES: Effective date: January 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Christopher Koves, Pricing Policy
Division, Wireline Competition Bureau
at 202–418–8209 or by email at
Christopher.Koves@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, WC Docket No. 14–130, CC
Docket No. 80–286; FCC 18–141,
adopted on October 16, 2018, and
released on October 17, 2018. A full-text
version of this document can be
obtained at the following internet
address: https://www.fcc.gov/document/
fcc-harmonizes-separations-rulesrevised-accounting-rules.
SUMMARY:
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Synopsis
I. Introduction
1. In this Report and Order (Order),
the Commission simplifies its part 36
jurisdictional separations rules to allow
all carriers to use the simpler
jurisdictional separations processes
previously reserved for smaller carriers.
In so doing, the Commission
harmonizes its part 36 rules with the
Commission’s previous amendments to
its part 32 accounting rules. The
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amendments the Commission adopts
today to its part 36 rules further its goal
of updating and modernizing its rules to
eliminate outdated compliance burdens
on carriers so that they can focus their
resources on building modern networks
that bring economic opportunity, job
creation, and civic engagement to all
Americans.
II. Background
2. Jurisdictional separations is the
third step in a four-step regulatory
process. First, a rate-of-return carrier
records its costs and revenues in various
accounts using the Uniform System of
Accounts (USOA) prescribed by the
Commission’s part 32 rules. Second, the
carrier divides the costs and revenues in
these accounts between regulated and
nonregulated activities in accordance
with part 64 of the Commission’s rules,
a step that helps ensure that the costs of
nonregulated activities will not be
recovered through regulated interstate
rates. Third, the carrier separates the
regulated costs and revenues between
the intrastate and interstate jurisdictions
using the part 36 rules. Finally, the
carrier apportions the interstate
regulated costs among the interexchange
services and rate elements that form the
cost basis for its exchange access tariff.
Carriers subject to rate-of-return
regulation perform this apportionment
in accordance with the Commission’s
part 69 rules.
3. Historically, the part 32 rules
divided incumbent local exchange
carriers (LECs) into two classes for
accounting purposes based on the
amounts of their annual regulated
revenues. Class A incumbent LECs were
the larger carriers, and Class B
incumbent LECs were the smaller
carriers (most recently those with less
than $157 million in annual regulated
revenues). The Commission’s former
part 32 rules required Class A carriers
to create and maintain a more granular
set of accounts than it required of the
smaller Class B carriers. In all but one
case, Class A carrier accounts could be
grouped into sets that were represented
by single Class B carrier accounts—that
is, such Class A accounts consolidated
into, or ‘‘rolled up’’ into, Class B
accounts.
4. In the Part 32 Reform Order, 82 FR
20833, May 4, 2017, the Commission
eliminated the historical distinction
between Class A and Class B incumbent
LECs in the part 32 rules. Now all
carriers subject to part 32 are required
to keep only the less onerous accounts
previously kept by Class B incumbent
LECs. Recognizing that the part 32
accounting reforms had implications for
the part 36 jurisdictional separations
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rules, which distinguish between Class
A and Class B incumbent LECs, the
Commission referred to the FederalState Joint Board on Jurisdictional
Separations (Joint Board) consideration
of how and when the part 36 rules
should be modified to reflect the
reforms adopted in the Part 32 Reform
Order.
5. In October 2017, after seeking
public comment on how best to
harmonize the part 32 and part 36 rules,
the Joint Board released a
Recommended Decision. In its
Recommended Decision, the Joint Board
recommended changes to part 36
including deleting rules pertaining to
Class A accounts, deleting references to
Class A and B accounts, and allowing
former Class A carriers to select between
the former Class A and B procedures for
apportioning general support facilities
costs. The Joint Board also
recommended that the Commission
make certain stylistic and typographical
corrections to the part 36 rules. The
Joint Board recommended that the part
36 revisions it proposed be effective as
soon as practicable after January 1,
2018, the effective date of the Part 32
Reform Order.
6. In February 2018, the Commission
released the Separations Harmonization
NPRM, 83 FR 10817, March 13, 2018,
which proposed amendments to part 36
consistent with the Recommended
Decision. The Commission also sought
comment on the effective date for any
changes to part 36 to harmonize those
rules with part 32 reforms. USTelecom
filed the only comment on the merits,
and it supports the proposals in the
Separations Harmonization NPRM.
III. Discussion
7. In this Order, the Commission
harmonizes its part 36 jurisdictional
separations rules with the changes to
the part 32 accounting rules that the
Commission adopted in the Part 32
Reform Order. The Commission’s
amendments to part 36 implement the
Commission’s proposals in the
Separations Harmonization NPRM to
adopt, with minor exceptions, the Joint
Board’s recommendations and to amend
the part 36 rules consistent with those
recommendations. The Commission
agrees with USTelecom that these rule
changes do not risk undermining the
primary purpose of the part 36 rules,
which is to ‘‘prevent incumbent LECs
from recovering the same costs in the
interstate and intrastate jurisdictions,’’
and will instead ‘‘simplify the
accounting rules by removing
unnecessary burdensome regulations
that require carriers and ultimately
consumers to incur unnecessary costs.’’
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8. First, the Commission removes
from its part 36 rules references to Class
A accounts because carriers are no
longer required to keep such accounts.
As the Commission proposed, it: (a)
Deletes references to Class A accounts
and the phrase ‘‘Class B accounts’’ in
part 36 rules that contain parallel
references to Class A accounts and the
Class B accounts into which they roll
up; (b) deletes references to current-year
account balances and modify references
to Class A carriers in other part 36 rules;
and (c) deletes references to Class A
accounts in §§ 36.501 and 36.505 of the
rules. As USTelecom explains, these
revisions are ‘‘necessary clean-up to
ensure that both rule parts [i.e., parts 32
and 36] work together consistently’’ and
further the part 32 reforms by
‘‘removing additional unnecessary and
burdensome rules for carriers of all
sizes.’’
9. Second, the Commission amends
§ 36.112 to allow former Class A carriers
(carriers with revenue equal to or greater
than $157 million for calendar year
2016) to select between the legacy Class
A and Class B procedures in
apportioning their general support
facilities costs. As the Commission
observed in the Separations
Harmonization NPRM, this is the only
part 36 rule that provides different
separations procedures for legacy Class
A and B carriers. The Commission
agrees with the Joint Board that
requiring all carriers to use the method
previously used only by Class B carriers
would ‘‘impose a compliance burden on
current Class A carriers because they
would have to change their wellestablished manner of allocating general
support expense.’’ The Commission
finds that both procedures provide
reasonable methods for separating
general support facilities costs and
allowing legacy Class A carriers to select
between these procedures will simplify
compliance for carriers while having, at
most, a de minimis effect on separations
results. The Commission also agrees
with USTelecom that it is reasonable to
allow carriers the ‘‘flexibility’’ to ‘‘adjust
their selection[s] as their business needs
change’’ over time. Accordingly, the
Commission allows legacy Class A
carriers to choose between the
procedures previously identified as
Class A or Class B procedures in
apportioning their general support
facilities costs, and to adjust their
selection when they chose to do so.
10. Third, consistent with the Joint
Board’s recommendation and the
Commission’s proposals, the
Commission corrects certain stylistic
and typographical errors in part 36. As
USTelecom explains, these ministerial
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corrections make the separations rules
clearer.
11. The Commission agrees with the
Joint Board that its proposed revisions
to part 36 should ‘‘become effective as
soon as practicable’’ and with
USTelecom’s argument that adopting
the Commission’s proposed
harmonizing changes to part 36 ‘‘as soon
as possible’’ avoids potentially
‘‘confusing’’ and ‘‘contradictory’’ rules.
The Commission also agrees with
USTelecom that January 1, 2019 is the
earliest practicable effective date for
these changes, because it corresponds
with the carriers’ practices of keeping
their USOA accounts on a calendar year
basis and using their USOA accounting
results for regulatory purposes. The
Commission therefore selects January 1,
2019 as the effective date of the rule
changes it is adopting.
IV. Procedural Matters
12. Paperwork Reduction Act
Analysis. This document does not
contain new or modified information
collection requirements subject to the
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13. In addition,
therefore, it does not contain any new
or modified information collection
burden for small business concerns with
fewer than 25 employees, pursuant to
the Small Business Paperwork Relief
Act of 2002, Public Law 107–198.
13. Congressional Review Act. The
Commission will 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).
14. Final Regulatory Flexibility Act
Analysis. The Regulatory Flexibility Act
of 1980 (RFA) requires that an agency
prepare a regulatory flexibility analysis
for notice and comment rulemakings,
unless the agency certifies that ‘‘the rule
will not, if promulgated, have a
significant economic impact on a
substantial number of small entities.’’
Accordingly, the Commission has
prepared a Final Regulatory Flexibility
Analysis (FRFA) concerning the
possible impact of the rule changes
contained in the Report and Order on
small entities.
V. Final Regulatory Flexibility Analysis
15. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission has prepared
this Final Regulatory Flexibility
Analysis (FRFA) on the possible
significant economic impact on small
entities by this Report and Order
(Order). An Initial Regulatory Flexibility
Analysis (IRFA) was incorporated into
the Notice of Proposed Rulemaking, 83
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FR 10817 (Separations Harmonization
NPRM). The Commission sought written
public comment on the proposals in the
Separations Harmonization NPRM,
including comment on the IRFA. The
Commission did not receive comments
on the IRFA.
A. Need for, and Objectives of, the
Order
16. In this Report and Order (Order),
the Commission amends its part 36
jurisdictional separations rules to
harmonize them with the Commission’s
reforms to reduce and eliminate
unnecessary or outdated part 32
accounting rules. Jurisdictional
separations are the third step in a fourstep regulatory process used to establish
tariffed rates for interstate and intrastate
regulated services for incumbent local
exchange carriers (LECs). Carriers first
record costs into various part 32
accounts, which they then apportion
into regulated and nonregulated costs
pursuant to part 64, and further separate
the regulated costs between intrastate
and interstate jurisdictions pursuant to
part 36.
17. In the Part 32 Reform Order, the
Commission amended its part 32
Uniform System of Accounts (USOA) to
streamline or eliminate unnecessary or
outdated accounting rules. Recognizing
that part 32 reforms implicated part 36,
the Commission asked the Federal-State
Joint Board on Jurisdictional
Separations (Joint Board) to prepare a
recommended decision regarding the
extent part 36 should be modified in
light of the part 32 reforms. The Joint
Board released its Recommended
Decision in October 2017. In the
Separations Harmonization NPRM, the
Commission proposed and sought
comment on adoption, with certain
minor exceptions, of the Joint Board’s
recommendations and on amendments
to part 36 consistent with those
recommendations.
18. The purpose of the part 36
amendments adopted in this Order are
to ensure that part 36 is consistent with
the part 32 reforms adopted in the Part
32 Reform Order. First, this Order
removes unnecessary or outdated part
36 references to part 32 accounts that
were eliminated by the Part 32 Reform
Order. Second, this Order gives carriers
the flexibility to select between two
procedures for apportioning their
general support facilities costs. Third,
this Order makes certain stylistic and
typographical corrections to part 36.
Finally, the part 36 amendments
adopted in this Order will take effect on
January 1, 2019.
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B. Summary of Significant Issues Raised
by Comments in Response to the IRFA
19. There were no comments that
specifically addressed the proposed
rules and policies presented in the
Separations Harmonization NPRM
IRFA.
C. Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
20. Pursuant to the Small Business
Jobs Act of 2010, which amended the
RFA, the Commission is required to
respond to any comments filed by the
Chief Counsel of the Small Business
Administration (SBA), and to provide a
detailed statement of any change made
to the proposed rules as a result of those
comments. The Chief Counsel did not
file any comments in response to the
proposed rules in this proceeding.
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D. Description and Estimate of the
Number of Small Entities To Which
Rules May Apply
21. The RFA directs agencies to
provide a description of, and, where
feasible, an estimate of the number of
small entities that may be affected by
the proposed rules, if adopted. The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act. A ‘‘small
business concern’’ is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA). Nationwide,
there are a total of approximately 27.9
million small businesses, according to
the SBA.
22. Incumbent Local Exchange
Carriers. The rules adopted in this
Order affect the tariffed rates for
interstate and intrastate regulated
services for incumbent local exchange
carriers (LECs). Neither the Commission
nor the SBA has developed a small
business size standard specifically for
providers of incumbent local exchange
services. The closest applicable size
standard under the SBA rules is for
Wired Telecommunications Carriers.
Under the SBA definition, a carrier is
small if it has 1,500 or fewer employees.
According to the FCC’s Telephone
Trends Report data, 1,307 incumbent
local exchange carriers (LECs) reported
that they were engaged in the provision
of local exchange services. Of these
1,307 carriers, an estimated 1,006 have
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1,500 or fewer employees and 301 have
more than 1,500 employees.
Consequently, the Commission
estimates that most incumbent LECs are
small entities that may be affected by
the rules and policies adopted herein.
23. The Commission has included
small incumbent LECs in this RFA
analysis. As noted above, a ‘‘small
business’’ under the RFA is one that,
inter alia, meets the pertinent small
business size standard (e.g., a telephone
communications business having 1,500
or fewer employees), and ‘‘is not
dominant in its field of operation.’’ The
SBA’s Office of Advocacy contends that,
for RFA purposes, small incumbent
LECs are not dominant in their field of
operation because any such dominance
is not ‘‘national’’ in scope. Because its
proposals concerning the part 36 rules
will affect all incumbent LECs, some
entities employing 1,500 or fewer
employees may be affected by the rule
changes adopted in this Order. The
Commission has therefore included
small incumbent LECs in this RFA
analysis, although the Commission
emphasizes that this RFA action has no
effect on the Commission’s analyses and
determinations in other, non-RFA
contexts. The Order adopts changes to
part 36 that should result in reduced
regulatory burdens on incumbent LECs.
The Commission notes, however, that
the reforms adopted in this Order are
focused on incumbent LECs with
regulated annual revenues equal to or
above $157 million, a group that likely
excludes many small incumbent LECs.
E. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
24. None.
F. Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
25. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
(among others) the following four
alternatives: (1) The establishment of
differing compliance and reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or part thereof, for
small entities.
26. As discussed above, the purpose
of this Order is to ensure that the part
36 rules are consistent with the
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amendments to the part 32 rules
adopted in the Part 32 Reform Order. In
the Separations Harmonization NPRM,
the Commission sought comment on the
effects its part 36 proposals would have
on small entities, and whether any rules
adopted should apply differently to
small entities. The Commission
requested that commenters consider the
costs and burdens of possible rule
amendments on small incumbent LECs
and whether such amendments would
disproportionately affect specific types
of carriers or ratepayers.
27. The rules adopted in this Order
will ease the administrative burden of
regulatory compliance for incumbent
LECs, including any small incumbent
LECs those rules affect. The Part 32
Reform Order reduced the number of
part 32 accounts that incumbent LECs
with regulated annual revenues equal to
or above $157 million are required to
keep, and the amendments to part 36
adopted in this Order would carry
forward those reductions into the
jurisdictional separations process. The
rules adopted in this Order apply solely
to incumbent LECs and result in
reduced regulatory burdens. The
Commission therefore certifies that this
Order will not have a significant impact
on small entities.
G. Federal Rules That May Duplicate,
Overlap, or Conflict With the Final
Rules
28. None.
H. Report to Congress
29. The Commission will send a copy
of the Order, including this FRFA, in a
report to be sent to Congress and the
Government Accountability Office
pursuant to the Small Business
Regulatory Enforcement Fairness Act of
1996. In addition, the Commission will
send a copy of the Order, including the
FRFA, to the Chief Counsel for
Advocacy of the Small Business
Administration. A copy of the Order
and FRFA (or summaries thereof) will
also be published in the Federal
Register.
VI. Ordering Clauses
30. Accordingly, It is ordered that,
pursuant to the authority contained in
sections 1, 2, 4(i) and (j), 201, 205, 220,
221(c), 254, 303(r), 403, and 410 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i) and
(j), 201, 205, 220, 221(c), 303(r), 403,
410, this Report and Order IS
ADOPTED.
31. It is further ordered that, pursuant
to the authority contained in sections 1,
2, 4(i) and (j), 201, 205, 220, 221(c), 254,
303(r), 403, and 410 of the
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Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i) and
(j), 201, 205, 220, 221(c), 254, 303(r),
403, 410, part 36 of the Commission’s
rules, 47 CFR part 36, Is amended, and
such rule amendments shall be effective
on January 1, 2019.
32. 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.
33. 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.
List of Subjects in 47 CFR Part 36
Communications common carriers,
Reporting and recordkeeping
requirements, Telephone, Uniform
System of Accounts.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison, Office of the
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 36 as
follows:
PART 36—JURISDICTIONAL
SEPARATIONS PROCEDURES;
STANDARD PROCEDURES FOR
SEPARATING
TELECOMMUNICATIONS PROPERTY
COSTS, REVENUES, EXPENSES,
TAXES AND RESERVES FOR
TELECOMMUNICATIONS COMPANIES
Authority: 47 U.S.C. 151, 152, 154(i) and
(j), 201, 205, 220, 221(c), 254, 303(r), 403,
410, and 1302 unless otherwise noted.
■
2. Revise § 36.112 to read as follows:
§ 36.112
Apportionment procedure.
(a) The costs of the general support
facilities of local exchange carriers that
had annual revenues from regulated
telecommunications operations equal to
or greater than $157 million for calendar
year 2016 are apportioned among the
operations on the basis of either the
method in paragraph (a)(1) of this
section or the method in paragraph
(a)(2) of this section, at the election of
the local exchange carrier:
(1) The separation of the costs of the
combined Big Three Expenses which
include the following accounts:
1. The authority citation for part 36 is
revised to read as follows:
■
TABLE 1 TO PARAGRAPH (a)(1)
Plant Specific Expenses
Central Office Switching Expenses ................................................................................................................................................
Operators Systems Expenses ........................................................................................................................................................
Central Office Transmission Expenses ..........................................................................................................................................
Information Origination/Termination Expenses ...............................................................................................................................
Cable and Wire Facilities Expenses ...............................................................................................................................................
Account
Account
Account
Account
Account
6210.
6220.
6230.
6310.
6410.
Plant Non-Specific Expenses
Network Operations Expenses .......................................................................................................................................................
Account 6530.
Customer Operations Expenses
Marketing ........................................................................................................................................................................................
Services ..........................................................................................................................................................................................
(2) The separation of the costs of
Central Office Equipment, Information
Origination/Termination Equipment,
and Cable and Wire Facilities,
combined.
(b) The costs of the general support
facilities of local exchange carriers that
had annual revenues from regulated
telecommunications operations less
than $157 million for calendar year
2016 are apportioned among the
operations on the basis of the separation
of the costs of Central Office Equipment,
Information Origination/Termination
Equipment, and Cable and Wire
Facilities, combined.
Account 6610.
Account 6620.
3. Amend § 36.121 by revising the
table in paragraph (a) and the first
sentence in paragraph (c)(1)(i) to read as
follows:
■
§ 36.121
General.
(a) * * *
TABLE 1 TO PARAGRAPH (a)
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Central Office Switching .................................................................................................................................................................
Operator Systems ...........................................................................................................................................................................
Central Office Transmission ...........................................................................................................................................................
*
*
*
*
*
(c) * * *
(1) * * *
(i) The cost of power equipment used
by one category is assigned directly to
that category, e.g., 130-volt power
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supply provided for circuit equipment.
* * *
*
*
*
*
*
4. Amend § 36.124 by revising the first
sentence in paragraph (a) and paragraph
(c) to read as follows:
■
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Account 2210.
Account 2220.
Account 2230.
§ 36.124 Tandem switching equipment—
Category 2.
(a) Tandem switching equipment is
contained in Account 2210. * * *
*
*
*
*
*
(c) Effective July 1, 2001, through
December 31, 2018, study areas subject
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to price cap regulation, pursuant to
§ 61.41 of this chapter, shall assign the
average balance of Account 2210 to
Category 2, Tandem Switching
Equipment based on the relative
percentage assignment of the average
balance of Account 2210 (or, if
Accounts 2211, 2212, and 2215 were
required to be maintained at the
applicable time, the average balances of
Accounts 2211, 2212, and 2215) to
Category 2, Tandem Switching
Equipment during the twelve-month
period ending December 31, 2000.
*
*
*
*
*
§ 36.125
[Amended]
5. Amend § 36.125 as follows:
a. In the introductory text of
paragraph (a):
■ i. Remove ‘‘accounts 2210, 2211, and
2212’’ and add in its place ‘‘account
2210’’; and
■ ii. Add a comma before
‘‘transmitters,’’ after ‘‘directors’’, and
before ‘‘switching equipment, TWX’’.
■ b. In paragraph (h):
■ i. Remove the reference to ‘‘balances
of Accounts 2210, 2211, and 2212’’ and
add in its place ‘‘balance of Account
2210’’; and
■ ii. Remove the reference to ‘‘balances
of Account 2210, 2211, 2212 and 2215’’
and add in its place ‘‘balance of
Account 2210 (or, if Accounts 2211,
2212, and 2215 were required to be
maintained at the applicable time, the
average balances of Accounts 2211,
2212, and 2215)’’.
■
■
§ 36.126
[Amended]
6. Amend § 36.126 as follows:
a. In the introductory text of
paragraph (a), remove ‘‘Accounts 2230
through 2232 respectively’’ and add in
its place ‘‘Account 2230’’.
■ b. In the introductory text of
paragraph (b), remove the word
‘‘equiment’’ and add in its place
‘‘equipment’’.
■ c. In paragraphs (b)(5) and (6):
■ i. Remove the first reference to
‘‘balances of Accounts 2230 through
2232’’ and add in its place ‘‘balance of
Account 2230’’; and
■
■
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*
*
Plant Specific Operations Expenses:
ii. Remove the second reference to
‘‘balances of Accounts 2230 through
2232’’ and add in its place ‘‘balance of
Account 2230 (or, if Accounts 2231 and
2232 were required to be maintained at
the applicable time, the average
balances of Accounts 2231 and 2232)’’.
■
§ 36.154
[Amended]
7. Amend § 36.154(b) by removing the
word ‘‘jurisdication’’ and adding in its
place ‘‘jurisdiction’’.
■
§ 36.201
[Amended]
8. Amend § 36.201 by:
a. Redesignating paragraph (a) as
undesignated introductory text; and
■ b. In the table, removing ‘‘(Class B
telephone companies); Basic area
revenue—Account 5001 (Class A
telephone companies)’’.
■
■
§ 36.211
[Amended]
9. Amend § 36.211 by:
a. Redesignating paragraph (a) as
undesignated introductory text; and
■ b. In the table:
■ i. Removing ‘‘Basic local service
revenue (Class B telephone companies)’’
and adding ‘‘Basic Local Service
Revenue’’ in its place; and
■ ii. Removing the entry for ‘‘Basic Area
Revenue (Class A telephone
companies)’’.
■ 10. Amend § 36.212 by revising the
section heading to read as follows:
■
■
§ 36.212 Basic local services revenue—
Account 5000.
*
*
*
*
*
11. Amend § 36.301 by:
a. Redesignating paragraph (a) as
undesignated introductory text; and
■ b. In the table:
■ i. Removing the entry ‘‘Network
Support/General Support Expenses—
Accounts 6110 and 6120 (Class B
Telephone Companies); Accounts 6112,
6113, 6114, 6121, 6122, 6123, and 6124
(Class A Telephone Companies)’’ and
adding an entry for ‘‘Network Support/
General Support Expenses—Accounts
6110 and 6120’’ in its place;
■ ii. Removing the entry ‘‘Central Office
Expenses—Accounts 6210, 6220, 6230
■
■
*
*
(Class B Telephone Companies);
Accounts 6211, 6212, 6220, 6231, and
6232 (Class A Telephone Companies)’’
and adding an entry for ‘‘Central Office
Expenses—Accounts 6210, 6220, 6230’’
in its place;
■ iii. Removing the entry ‘‘Information
Origination/Termination Expenses—
Account 6310 (Class B Telephone
Companies); Accounts 6311, 6341, 6351,
and 6362 (Class A Telephone
Companies)’’ and adding an entry for
‘‘Information Origination/Termination
Expenses—Account 6310’’ in its place;
■ iv. Removing the entry ‘‘Cable and
Wire Facilities Expenses—Account 6410
(Class B Telephone Companies);
Accounts 6411, 6421, 6422, 6423, 6424,
6426, 6431, and 6441 (Class A
Telephone Companies)’’ and adding an
entry for ‘‘Cable and Wire Facilities
Expenses—Account 6410’’ in its place;
■ v. Removing the entry ‘‘Other
Property Plant and Equipment
Expenses—Account 6510 (Class B
Telephone Companies); Accounts 6511
and 6512 (Class A Telephone
Companies)’’ and adding an entry for
‘‘Other Property Plant and Equipment
Expenses—Account 6510’’ in its place;
■ vi. Removing the entry ‘‘Network
Operations Expenses—Account 6530
(Class B Telephone Companies);
Accounts 6531, 6532, 6533, 6534, and
6535 (Class A Telephone Companies)’’
and adding an entry for ‘‘Network
Operations Expenses—Account 6530’’
in its place;
■ vii. Removing the entry ‘‘Marketing—
Account 6610 (Class B Telephone
Companies); Accounts 6611 and 6613
(Class A Telephone Companies)’’ and
adding an entry for ‘‘Marketing—
Account 6610’’ in its place; and
■ viii. Removing the entry ‘‘Operating
Taxes—Account 7200 (Class B
Telephone Companies); Accounts 7210,
7220, 7230, 7240, and 7250 (Class A
Telephone Companies)’’ and adding an
entry for ‘‘Operating Taxes—Account
7200’’ in its place.
The additions read as follows:
§ 36.301
Section arrangement.
*
*
*
*
*
*
*
*
*
Network Support/General Support Expenses—Accounts 6110 and 6120 .............................................................................
Central Office Expenses—Accounts 6210, 6220, 6230 ..........................................................................................................
Information Origination/Termination Expenses—Account 6310 ..............................................................................................
Cable and Wire Facilities Expenses—Account 6410 ..............................................................................................................
Plant Nonspecific Operations Expenses:
*
*
*
*
*
*
*
Other Property Plant and Equipment Expenses—Account 6510 ...........................................................................................
Network Operations Expenses—Account 6530 ......................................................................................................................
*
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36.311.
36.321.
36.331.
36.341.
36.352.
36.353.
63586
Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Rules and Regulations
*
*
Customer Operations Expenses:
*
*
*
*
*
*
*
*
*
*
*
Marketing—Account 6610 .......................................................................................................................................................
*
*
*
Corporate Operations Expenses:
*
*
*
*
*
*
*
*
*
*
*
Operating Taxes—Account 7200 ............................................................................................................................................
*
*
*
12. Amend § 36.302 by revising
paragraphs (c)(1) introductory text and
(c)(1)(i) to read as follows:
■
§ 36.302
General.
(c) * * *
(1) Subsidiary Record Categories
(SRCs) for Salaries and Wages, Benefits
*
*
and Other Expenses are applicable to all
of the expense accounts except for:
(i) SRCs for access expenses are
maintained to identify interstate and
state access expense and billing and
collection expense for carrier’s carrier.
*
*
*
*
*
36.372.
*
36.411 and 36.412.
*
*
13. Amend § 36.310 by revising the
table in paragraph (a) to read as follows:
■
§ 36.310
General.
(a) * * *
TABLE 1 TO PARAGRAPH (a)
Network Support Expenses ............................................................................................................................................................
General Support Expenses .............................................................................................................................................................
Central Office Switching Expenses ................................................................................................................................................
Operator System Expenses ............................................................................................................................................................
Central Office Transmission Expenses ..........................................................................................................................................
Information Origination/Termination Expenses ...............................................................................................................................
Cable and Wire Facilities Expenses ...............................................................................................................................................
*
*
*
*
§ 36.311 Network Support/General
Support Expenses—Accounts 6110 and
6120.
*
14. Amend § 36.311 by revising the
section heading to read as follows:
■
*
*
*
*
*
Account
Account
Account
Account
Account
Account
Account
6110.
6120.
6210.
6220.
6230.
6310.
6410.
15. Amend § 36.321 by revising the
section heading, the table in paragraph
(a), and paragraph (b) to read as follows:
■
§ 36.321 Central office expenses—
Accounts 6210, 6220, and 6230.
(a) * * *
TABLE 1 TO PARAGRAPH (a)
Central Office Switching Expense ..................................................................................................................................................
Operator Systems Expense ............................................................................................................................................................
Central Office Transmission Expense ............................................................................................................................................
(b) The expenses in these accounts are
apportioned among the operations on
the basis of the separation of the
investments in central office
equipment—Accounts 2210, 2220 and
2230, combined.
■ 16. Amend § 36.331 by revising the
section heading to read as follows:
Account 6210.
Account 6220.
Account 6230.
§ 36.331 Information origination/
termination expenses—Account 6310.
§ 36.341 Cable and wire facilities
expenses—Account 6410.
*
*
*
*
*
*
17. Amend § 36.341 by revising the
section heading to read as follows:
■
■
*
*
*
*
18. Revise § 36.351 to read as follows:
§ 36.351
General.
Plant nonspecific operations expenses
include the following accounts:
amozie on DSK3GDR082PROD with RULES
TABLE 1 TO § 36.351
Other Property Plant and Equipment Expenses ............................................................................................................................
Network Operations Expenses .......................................................................................................................................................
Access Expenses ............................................................................................................................................................................
Depreciation and Amortization Expenses .......................................................................................................................................
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Account
Account
Account
Account
6510.
6530.
6540.
6560.
63587
Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Rules and Regulations
§ 36.371
19. Amend § 36.352 by revising the
section heading to read as follows:
■
§ 36.352 Other property plant and
equipment expenses—Account 6510.
*
*
*
*
*
20. Amend § 36.353 by revising the
section heading to read as follows:
■
§ 36.372
§ 36.353 Network operations expenses—
Account 6530.
*
*
*
*
[Amended]
§ 36.377
21. Amend § 36.371, in the table, by
removing ‘‘(Class B telephone
companies); Accounts 6611 and 6613
(Class A telephone companies)’’.
■ 22. Amend § 36.372 by revising the
section heading to read as follows:
■
*
*
*
Marketing—Account 6610.
*
§ 36.375
*
*
[Amended]
23. Amend § 36.375(b)(4) and (5) by
removing ‘‘through (4)’’ and adding in
its place ‘‘through (3)’’.
■
[Amended]
24. Amend § 36.377 by adding a
reserved paragraph (b).
■
25. Amend § 36.392 by revising
paragraph (c) to read as follows:
■
§ 36.392 General and administrative—
Account 6720.
*
*
*
*
*
(c) The expenses in this account are
apportioned among the operations on
the basis of the separation of the cost of
the combined Big Three Expenses
which include the following accounts:
TABLE 1 TO PARAGRAPH (c)
Plant Specific Expenses
Central Office Switching Expenses ................................................................................................................................................
Operators Systems Expenses ........................................................................................................................................................
Central Office Transmission Expenses ..........................................................................................................................................
Information Origination/Termination Expenses ...............................................................................................................................
Cable and Wire Facilities Expense .................................................................................................................................................
Account
Account
Account
Account
Account
6210.
6220.
6230.
6310.
6410.
Plant Non-Specific Expenses
Network Operations Expenses .......................................................................................................................................................
Account 6530.
Customer Operations Expenses
Marketing ........................................................................................................................................................................................
Services ..........................................................................................................................................................................................
■
26. Revise § 36.411 to read as follows:
§ 36.411
Operating taxes—Account 7200.
This account includes the taxes
arising from the operations of the
company, i.e.:
(a) Operating Investment Tax Credits.
(b) Operating Federal Income Taxes.
(c) Operating State and Local Income
Taxes.
(d) Operating Other Taxes.
(e) Provision for Deferred Operating
Income Taxes.
§ 36.501
[Amended]
27. Amend § 36.501, in the table, by
removing ‘‘(Class B Telephone
Companies); Account 3410 (Class A
Telephone Companies)’’.
■
§ 36.505
[Amended]
28. Amend § 36.505 as follows:
a. Revise the section heading; and
■ b. Redesignate paragraph (a) as an
undesignated paragraph.
The revision reads as follows:
■
amozie on DSK3GDR082PROD with RULES
■
§ 36.505 Accumulated amortization—
Tangible—Account 3400.
*
*
*
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*
*
16:17 Dec 10, 2018
§ § 36.3, 36.123, 36.124, 36.125, 36.126,
36.141, 36.142, 36.152, 36.157, 36.191,
36.374, 36.375, 36.377, 36.378, 36.379,
36.380, 36.381, and 36.382 [Amended]
29. In addition to the amendments set
forth above, in 47 CFR part 36, remove
the words ‘‘twelve month’’ and add in
their place the words ‘‘twelve-month’’
in the following places:
■ a. Section 36.3(a) and (b);
■ b. Section 36.123(a)(5) and (6);
■ c. Section 36.124(d);
■ d. Section 36.125(h) and (i);
■ e. Section 36.126(b)(5) and (6), (c)(4),
(e)(4), and (f)(2);
■ f. Section 36.141(c);
■ g. Section 36.142(c);
■ h. Section 36.152(d);
■ i. Section 36.157(b);
■ j. Section 36.191(d);
■ k. Section 36.374(b);
■ l. Section 36.375(b)(4);
■ m. Section 36.377(a) introductory text,
(a)(1)(ix), (a)(2)(vii), (a)(3)(vii),
(a)(4)(vii), (a)(5)(vii), and (a)(6)(vii);
■ n. Section 36.378(b)(1);
■ o. Section 36.379(b)(1);
■ p. Section 36.380(d) and (e);
■ q. Section 36.381(c); and
■ r. Section 36.382(a).
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
■
[FR Doc. 2018–25803 Filed 12–10–18; 8:45 am]
BILLING CODE 6712–01–P
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Account 6620.
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50 CFR Part 660
[Docket No. 170831849–8404–01]
RIN 0648–XG563
Fisheries Off West Coast States;
Modifications of the West Coast
Recreational and Commercial Salmon
Fisheries; Inseason Actions #12
through #37
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Modification of fishing seasons.
AGENCY:
NMFS announces 26 inseason
actions in the ocean salmon fisheries.
These inseason actions modified the
commercial and recreational salmon
fisheries in the area from the U.S./
Canada border to the U.S./Mexico
border.
SUMMARY:
The effective dates for the
inseason actions are set out in this
document under the heading Inseason
Actions.
DATES:
E:\FR\FM\11DER1.SGM
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Agencies
[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Rules and Regulations]
[Pages 63581-63587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25803]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 36
[WC Docket No. 14-130, CC Docket No. 80-286; FCC 18-141]
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 Commission simplifies its jurisdictional
separations rules, applying the separations processes previously
reserved for smaller carriers to all carriers subject to those rules,
and harmonizing the jurisdictional separations rules with the
accounting rules. With this action, the Commission continues to
modernize existing rules and eliminate outdated compliance
requirements.
DATES: Effective date: January 1, 2019.
FOR FURTHER INFORMATION CONTACT: Christopher Koves, Pricing Policy
Division, Wireline Competition Bureau at 202-418-8209 or by email at
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, WC Docket No. 14-130, CC Docket No. 80-286; FCC 18-141,
adopted on October 16, 2018, and released on October 17, 2018. A full-
text version of this document can be obtained at the following internet
address: https://www.fcc.gov/document/fcc-harmonizes-separations-rules-revised-accounting-rules.
Synopsis
I. Introduction
1. In this Report and Order (Order), the Commission simplifies its
part 36 jurisdictional separations rules to allow all carriers to use
the simpler jurisdictional separations processes previously reserved
for smaller carriers. In so doing, the Commission harmonizes its part
36 rules with the Commission's previous amendments to its part 32
accounting rules. The amendments the Commission adopts today to its
part 36 rules further its goal of updating and modernizing its rules to
eliminate outdated compliance burdens on carriers so that they can
focus their resources on building modern networks that bring economic
opportunity, job creation, and civic engagement to all Americans.
II. Background
2. Jurisdictional separations is the third step in a four-step
regulatory process. First, a rate-of-return carrier records its costs
and revenues in various accounts using the Uniform System of Accounts
(USOA) prescribed by the Commission's part 32 rules. Second, the
carrier divides the costs and revenues in these accounts between
regulated and nonregulated activities in accordance with part 64 of the
Commission's rules, a step that helps ensure that the costs of
nonregulated activities will not be recovered through regulated
interstate rates. Third, the carrier separates the regulated costs and
revenues between the intrastate and interstate jurisdictions using the
part 36 rules. Finally, the carrier apportions the interstate regulated
costs among the interexchange services and rate elements that form the
cost basis for its exchange access tariff. Carriers subject to rate-of-
return regulation perform this apportionment in accordance with the
Commission's part 69 rules.
3. Historically, the part 32 rules divided incumbent local exchange
carriers (LECs) into two classes for accounting purposes based on the
amounts of their annual regulated revenues. Class A incumbent LECs were
the larger carriers, and Class B incumbent LECs were the smaller
carriers (most recently those with less than $157 million in annual
regulated revenues). The Commission's former part 32 rules required
Class A carriers to create and maintain a more granular set of accounts
than it required of the smaller Class B carriers. In all but one case,
Class A carrier accounts could be grouped into sets that were
represented by single Class B carrier accounts--that is, such Class A
accounts consolidated into, or ``rolled up'' into, Class B accounts.
4. In the Part 32 Reform Order, 82 FR 20833, May 4, 2017, the
Commission eliminated the historical distinction between Class A and
Class B incumbent LECs in the part 32 rules. Now all carriers subject
to part 32 are required to keep only the less onerous accounts
previously kept by Class B incumbent LECs. Recognizing that the part 32
accounting reforms had implications for the part 36 jurisdictional
separations rules, which distinguish between Class A and Class B
incumbent LECs, the Commission referred to the Federal-State Joint
Board on Jurisdictional Separations (Joint Board) consideration of how
and when the part 36 rules should be modified to reflect the reforms
adopted in the Part 32 Reform Order.
5. In October 2017, after seeking public comment on how best to
harmonize the part 32 and part 36 rules, the Joint Board released a
Recommended Decision. In its Recommended Decision, the Joint Board
recommended changes to part 36 including deleting rules pertaining to
Class A accounts, deleting references to Class A and B accounts, and
allowing former Class A carriers to select between the former Class A
and B procedures for apportioning general support facilities costs. The
Joint Board also recommended that the Commission make certain stylistic
and typographical corrections to the part 36 rules. The Joint Board
recommended that the part 36 revisions it proposed be effective as soon
as practicable after January 1, 2018, the effective date of the Part 32
Reform Order.
6. In February 2018, the Commission released the Separations
Harmonization NPRM, 83 FR 10817, March 13, 2018, which proposed
amendments to part 36 consistent with the Recommended Decision. The
Commission also sought comment on the effective date for any changes to
part 36 to harmonize those rules with part 32 reforms. USTelecom filed
the only comment on the merits, and it supports the proposals in the
Separations Harmonization NPRM.
III. Discussion
7. In this Order, the Commission harmonizes its part 36
jurisdictional separations rules with the changes to the part 32
accounting rules that the Commission adopted in the Part 32 Reform
Order. The Commission's amendments to part 36 implement the
Commission's proposals in the Separations Harmonization NPRM to adopt,
with minor exceptions, the Joint Board's recommendations and to amend
the part 36 rules consistent with those recommendations. The Commission
agrees with USTelecom that these rule changes do not risk undermining
the primary purpose of the part 36 rules, which is to ``prevent
incumbent LECs from recovering the same costs in the interstate and
intrastate jurisdictions,'' and will instead ``simplify the accounting
rules by removing unnecessary burdensome regulations that require
carriers and ultimately consumers to incur unnecessary costs.''
[[Page 63582]]
8. First, the Commission removes from its part 36 rules references
to Class A accounts because carriers are no longer required to keep
such accounts. As the Commission proposed, it: (a) Deletes references
to Class A accounts and the phrase ``Class B accounts'' in part 36
rules that contain parallel references to Class A accounts and the
Class B accounts into which they roll up; (b) deletes references to
current-year account balances and modify references to Class A carriers
in other part 36 rules; and (c) deletes references to Class A accounts
in Sec. Sec. 36.501 and 36.505 of the rules. As USTelecom explains,
these revisions are ``necessary clean-up to ensure that both rule parts
[i.e., parts 32 and 36] work together consistently'' and further the
part 32 reforms by ``removing additional unnecessary and burdensome
rules for carriers of all sizes.''
9. Second, the Commission amends Sec. 36.112 to allow former Class
A carriers (carriers with revenue equal to or greater than $157 million
for calendar year 2016) to select between the legacy Class A and Class
B procedures in apportioning their general support facilities costs. As
the Commission observed in the Separations Harmonization NPRM, this is
the only part 36 rule that provides different separations procedures
for legacy Class A and B carriers. The Commission agrees with the Joint
Board that requiring all carriers to use the method previously used
only by Class B carriers would ``impose a compliance burden on current
Class A carriers because they would have to change their well-
established manner of allocating general support expense.'' The
Commission finds that both procedures provide reasonable methods for
separating general support facilities costs and allowing legacy Class A
carriers to select between these procedures will simplify compliance
for carriers while having, at most, a de minimis effect on separations
results. The Commission also agrees with USTelecom that it is
reasonable to allow carriers the ``flexibility'' to ``adjust their
selection[s] as their business needs change'' over time. Accordingly,
the Commission allows legacy Class A carriers to choose between the
procedures previously identified as Class A or Class B procedures in
apportioning their general support facilities costs, and to adjust
their selection when they chose to do so.
10. Third, consistent with the Joint Board's recommendation and the
Commission's proposals, the Commission corrects certain stylistic and
typographical errors in part 36. As USTelecom explains, these
ministerial corrections make the separations rules clearer.
11. The Commission agrees with the Joint Board that its proposed
revisions to part 36 should ``become effective as soon as practicable''
and with USTelecom's argument that adopting the Commission's proposed
harmonizing changes to part 36 ``as soon as possible'' avoids
potentially ``confusing'' and ``contradictory'' rules. The Commission
also agrees with USTelecom that January 1, 2019 is the earliest
practicable effective date for these changes, because it corresponds
with the carriers' practices of keeping their USOA accounts on a
calendar year basis and using their USOA accounting results for
regulatory purposes. The Commission therefore selects January 1, 2019
as the effective date of the rule changes it is adopting.
IV. Procedural Matters
12. Paperwork Reduction Act Analysis. This document does not
contain new or modified information collection requirements subject to
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In
addition, therefore, it does not contain any new or modified
information collection burden for small business concerns with fewer
than 25 employees, pursuant to the Small Business Paperwork Relief Act
of 2002, Public Law 107-198.
13. Congressional Review Act. The Commission will 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).
14. Final Regulatory Flexibility Act Analysis. The Regulatory
Flexibility Act of 1980 (RFA) requires that an agency prepare a
regulatory flexibility analysis for notice and comment rulemakings,
unless the agency certifies that ``the rule will not, if promulgated,
have a significant economic impact on a substantial number of small
entities.'' Accordingly, the Commission has prepared a Final Regulatory
Flexibility Analysis (FRFA) concerning the possible impact of the rule
changes contained in the Report and Order on small entities.
V. Final Regulatory Flexibility Analysis
15. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this Final Regulatory
Flexibility Analysis (FRFA) on the possible significant economic impact
on small entities by this Report and Order (Order). An Initial
Regulatory Flexibility Analysis (IRFA) was incorporated into the Notice
of Proposed Rulemaking, 83 FR 10817 (Separations Harmonization NPRM).
The Commission sought written public comment on the proposals in the
Separations Harmonization NPRM, including comment on the IRFA. The
Commission did not receive comments on the IRFA.
A. Need for, and Objectives of, the Order
16. In this Report and Order (Order), the Commission amends its
part 36 jurisdictional separations rules to harmonize them with the
Commission's reforms to reduce and eliminate unnecessary or outdated
part 32 accounting rules. Jurisdictional separations are the third step
in a four-step regulatory process used to establish tariffed rates for
interstate and intrastate regulated services for incumbent local
exchange carriers (LECs). Carriers first record costs into various part
32 accounts, which they then apportion into regulated and nonregulated
costs pursuant to part 64, and further separate the regulated costs
between intrastate and interstate jurisdictions pursuant to part 36.
17. In the Part 32 Reform Order, the Commission amended its part 32
Uniform System of Accounts (USOA) to streamline or eliminate
unnecessary or outdated accounting rules. Recognizing that part 32
reforms implicated part 36, the Commission asked the Federal-State
Joint Board on Jurisdictional Separations (Joint Board) to prepare a
recommended decision regarding the extent part 36 should be modified in
light of the part 32 reforms. The Joint Board released its Recommended
Decision in October 2017. In the Separations Harmonization NPRM, the
Commission proposed and sought comment on adoption, with certain minor
exceptions, of the Joint Board's recommendations and on amendments to
part 36 consistent with those recommendations.
18. The purpose of the part 36 amendments adopted in this Order are
to ensure that part 36 is consistent with the part 32 reforms adopted
in the Part 32 Reform Order. First, this Order removes unnecessary or
outdated part 36 references to part 32 accounts that were eliminated by
the Part 32 Reform Order. Second, this Order gives carriers the
flexibility to select between two procedures for apportioning their
general support facilities costs. Third, this Order makes certain
stylistic and typographical corrections to part 36. Finally, the part
36 amendments adopted in this Order will take effect on January 1,
2019.
[[Page 63583]]
B. Summary of Significant Issues Raised by Comments in Response to the
IRFA
19. There were no comments that specifically addressed the proposed
rules and policies presented in the Separations Harmonization NPRM
IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
20. Pursuant to the Small Business Jobs Act of 2010, which amended
the RFA, the Commission is required to respond to any comments filed by
the Chief Counsel of the Small Business Administration (SBA), and to
provide a detailed statement of any change made to the proposed rules
as a result of those comments. The Chief Counsel did not file any
comments in response to the proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities To Which
Rules May Apply
21. The RFA directs agencies to provide a description of, and,
where feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) Is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the Small Business
Administration (SBA). Nationwide, there are a total of approximately
27.9 million small businesses, according to the SBA.
22. Incumbent Local Exchange Carriers. The rules adopted in this
Order affect the tariffed rates for interstate and intrastate regulated
services for incumbent local exchange carriers (LECs). Neither the
Commission nor the SBA has developed a small business size standard
specifically for providers of incumbent local exchange services. The
closest applicable size standard under the SBA rules is for Wired
Telecommunications Carriers. Under the SBA definition, a carrier is
small if it has 1,500 or fewer employees. According to the FCC's
Telephone Trends Report data, 1,307 incumbent local exchange carriers
(LECs) reported that they were engaged in the provision of local
exchange services. Of these 1,307 carriers, an estimated 1,006 have
1,500 or fewer employees and 301 have more than 1,500 employees.
Consequently, the Commission estimates that most incumbent LECs are
small entities that may be affected by the rules and policies adopted
herein.
23. The Commission has included small incumbent LECs in this RFA
analysis. As noted above, a ``small business'' under the RFA is one
that, inter alia, meets the pertinent small business size standard
(e.g., a telephone communications business having 1,500 or fewer
employees), and ``is not dominant in its field of operation.'' The
SBA's Office of Advocacy contends that, for RFA purposes, small
incumbent LECs are not dominant in their field of operation because any
such dominance is not ``national'' in scope. Because its proposals
concerning the part 36 rules will affect all incumbent LECs, some
entities employing 1,500 or fewer employees may be affected by the rule
changes adopted in this Order. The Commission has therefore included
small incumbent LECs in this RFA analysis, although the Commission
emphasizes that this RFA action has no effect on the Commission's
analyses and determinations in other, non-RFA contexts. The Order
adopts changes to part 36 that should result in reduced regulatory
burdens on incumbent LECs. The Commission notes, however, that the
reforms adopted in this Order are focused on incumbent LECs with
regulated annual revenues equal to or above $157 million, a group that
likely excludes many small incumbent LECs.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
24. None.
F. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
25. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include (among others) the following four alternatives: (1)
The establishment of differing compliance and reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or part thereof, for small
entities.
26. As discussed above, the purpose of this Order is to ensure that
the part 36 rules are consistent with the amendments to the part 32
rules adopted in the Part 32 Reform Order. In the Separations
Harmonization NPRM, the Commission sought comment on the effects its
part 36 proposals would have on small entities, and whether any rules
adopted should apply differently to small entities. The Commission
requested that commenters consider the costs and burdens of possible
rule amendments on small incumbent LECs and whether such amendments
would disproportionately affect specific types of carriers or
ratepayers.
27. The rules adopted in this Order will ease the administrative
burden of regulatory compliance for incumbent LECs, including any small
incumbent LECs those rules affect. The Part 32 Reform Order reduced the
number of part 32 accounts that incumbent LECs with regulated annual
revenues equal to or above $157 million are required to keep, and the
amendments to part 36 adopted in this Order would carry forward those
reductions into the jurisdictional separations process. The rules
adopted in this Order apply solely to incumbent LECs and result in
reduced regulatory burdens. The Commission therefore certifies that
this Order will not have a significant impact on small entities.
G. Federal Rules That May Duplicate, Overlap, or Conflict With the
Final Rules
28. None.
H. Report to Congress
29. The Commission will send a copy of the Order, including this
FRFA, in a report to be sent to Congress and the Government
Accountability Office pursuant to the Small Business Regulatory
Enforcement Fairness Act of 1996. In addition, the Commission will send
a copy of the Order, including the FRFA, to the Chief Counsel for
Advocacy of the Small Business Administration. A copy of the Order and
FRFA (or summaries thereof) will also be published in the Federal
Register.
VI. Ordering Clauses
30. Accordingly, It is ordered that, pursuant to the authority
contained in sections 1, 2, 4(i) and (j), 201, 205, 220, 221(c), 254,
303(r), 403, and 410 of the Communications Act of 1934, as amended, 47
U.S.C. 151, 152, 154(i) and (j), 201, 205, 220, 221(c), 303(r), 403,
410, this Report and Order IS ADOPTED.
31. It is further ordered that, pursuant to the authority contained
in sections 1, 2, 4(i) and (j), 201, 205, 220, 221(c), 254, 303(r),
403, and 410 of the
[[Page 63584]]
Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i) and
(j), 201, 205, 220, 221(c), 254, 303(r), 403, 410, part 36 of the
Commission's rules, 47 CFR part 36, Is amended, and such rule
amendments shall be effective on January 1, 2019.
32. 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.
33. 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.
List of Subjects in 47 CFR Part 36
Communications common carriers, Reporting and recordkeeping
requirements, Telephone, Uniform System of Accounts.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 36 as follows:
PART 36--JURISDICTIONAL SEPARATIONS PROCEDURES; STANDARD PROCEDURES
FOR SEPARATING TELECOMMUNICATIONS PROPERTY COSTS, REVENUES,
EXPENSES, TAXES AND RESERVES FOR TELECOMMUNICATIONS COMPANIES
0
1. The authority citation for part 36 is revised to read as follows:
Authority: 47 U.S.C. 151, 152, 154(i) and (j), 201, 205, 220,
221(c), 254, 303(r), 403, 410, and 1302 unless otherwise noted.
0
2. Revise Sec. 36.112 to read as follows:
Sec. 36.112 Apportionment procedure.
(a) The costs of the general support facilities of local exchange
carriers that had annual revenues from regulated telecommunications
operations equal to or greater than $157 million for calendar year 2016
are apportioned among the operations on the basis of either the method
in paragraph (a)(1) of this section or the method in paragraph (a)(2)
of this section, at the election of the local exchange carrier:
(1) The separation of the costs of the combined Big Three Expenses
which include the following accounts:
Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
------------------------------------------------------------------------
Plant Specific Expenses
------------------------------------------------------------------------
Central Office Switching Expenses...... Account 6210.
Operators Systems Expenses............. Account 6220.
Central Office Transmission Expenses... Account 6230.
Information Origination/Termination Account 6310.
Expenses.
Cable and Wire Facilities Expenses..... Account 6410.
------------------------------------------------------------------------
Plant Non-Specific Expenses
------------------------------------------------------------------------
Network Operations Expenses............ Account 6530.
------------------------------------------------------------------------
Customer Operations Expenses
------------------------------------------------------------------------
Marketing.............................. Account 6610.
Services............................... Account 6620.
------------------------------------------------------------------------
(2) The separation of the costs of Central Office Equipment,
Information Origination/Termination Equipment, and Cable and Wire
Facilities, combined.
(b) The costs of the general support facilities of local exchange
carriers that had annual revenues from regulated telecommunications
operations less than $157 million for calendar year 2016 are
apportioned among the operations on the basis of the separation of the
costs of Central Office Equipment, Information Origination/Termination
Equipment, and Cable and Wire Facilities, combined.
0
3. Amend Sec. 36.121 by revising the table in paragraph (a) and the
first sentence in paragraph (c)(1)(i) to read as follows:
Sec. 36.121 General.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
------------------------------------------------------------------------
Central Office Switching............... Account 2210.
Operator Systems....................... Account 2220.
Central Office Transmission............ Account 2230.
------------------------------------------------------------------------
* * * * *
(c) * * *
(1) * * *
(i) The cost of power equipment used by one category is assigned
directly to that category, e.g., 130-volt power supply provided for
circuit equipment. * * *
* * * * *
0
4. Amend Sec. 36.124 by revising the first sentence in paragraph (a)
and paragraph (c) to read as follows:
Sec. 36.124 Tandem switching equipment--Category 2.
(a) Tandem switching equipment is contained in Account 2210. * * *
* * * * *
(c) Effective July 1, 2001, through December 31, 2018, study areas
subject
[[Page 63585]]
to price cap regulation, pursuant to Sec. 61.41 of this chapter, shall
assign the average balance of Account 2210 to Category 2, Tandem
Switching Equipment based on the relative percentage assignment of the
average balance of Account 2210 (or, if Accounts 2211, 2212, and 2215
were required to be maintained at the applicable time, the average
balances of Accounts 2211, 2212, and 2215) to Category 2, Tandem
Switching Equipment during the twelve-month period ending December 31,
2000.
* * * * *
Sec. [thinsp]36.125 [Amended]
0
5. Amend Sec. 36.125 as follows:
0
a. In the introductory text of paragraph (a):
0
i. Remove ``accounts 2210, 2211, and 2212'' and add in its place
``account 2210''; and
0
ii. Add a comma before ``transmitters,'' after ``directors'', and
before ``switching equipment, TWX''.
0
b. In paragraph (h):
0
i. Remove the reference to ``balances of Accounts 2210, 2211, and
2212'' and add in its place ``balance of Account 2210''; and
0
ii. Remove the reference to ``balances of Account 2210, 2211, 2212 and
2215'' and add in its place ``balance of Account 2210 (or, if Accounts
2211, 2212, and 2215 were required to be maintained at the applicable
time, the average balances of Accounts 2211, 2212, and 2215)''.
Sec. [thinsp]36.126 [Amended]
0
6. Amend Sec. 36.126 as follows:
0
a. In the introductory text of paragraph (a), remove ``Accounts 2230
through 2232 respectively'' and add in its place ``Account 2230''.
0
b. In the introductory text of paragraph (b), remove the word
``equiment'' and add in its place ``equipment''.
0
c. In paragraphs (b)(5) and (6):
0
i. Remove the first reference to ``balances of Accounts 2230 through
2232'' and add in its place ``balance of Account 2230''; and
0
ii. Remove the second reference to ``balances of Accounts 2230 through
2232'' and add in its place ``balance of Account 2230 (or, if Accounts
2231 and 2232 were required to be maintained at the applicable time,
the average balances of Accounts 2231 and 2232)''.
Sec. 36.154 [Amended]
0
7. Amend Sec. 36.154(b) by removing the word ``jurisdication'' and
adding in its place ``jurisdiction''.
Sec. 36.201 [Amended]
0
8. Amend Sec. 36.201 by:
0
a. Redesignating paragraph (a) as undesignated introductory text; and
0
b. In the table, removing ``(Class B telephone companies); Basic area
revenue--Account 5001 (Class A telephone companies)''.
Sec. [thinsp]36.211 [Amended]
0
9. Amend Sec. 36.211 by:
0
a. Redesignating paragraph (a) as undesignated introductory text; and
0
b. In the table:
0
i. Removing ``Basic local service revenue (Class B telephone
companies)'' and adding ``Basic Local Service Revenue'' in its place;
and
0
ii. Removing the entry for ``Basic Area Revenue (Class A telephone
companies)''.
0
10. Amend Sec. 36.212 by revising the section heading to read as
follows:
Sec. [thinsp]36.212 Basic local services revenue--Account 5000.
* * * * *
0
11. Amend Sec. 36.301 by:
0
a. Redesignating paragraph (a) as undesignated introductory text; and
0
b. In the table:
0
i. Removing the entry ``Network Support/General Support Expenses--
Accounts 6110 and 6120 (Class B Telephone Companies); Accounts 6112,
6113, 6114, 6121, 6122, 6123, and 6124 (Class A Telephone Companies)''
and adding an entry for ``Network Support/General Support Expenses--
Accounts 6110 and 6120'' in its place;
0
ii. Removing the entry ``Central Office Expenses--Accounts 6210, 6220,
6230 (Class B Telephone Companies); Accounts 6211, 6212, 6220, 6231,
and 6232 (Class A Telephone Companies)'' and adding an entry for
``Central Office Expenses--Accounts 6210, 6220, 6230'' in its place;
0
iii. Removing the entry ``Information Origination/Termination
Expenses--Account 6310 (Class B Telephone Companies); Accounts 6311,
6341, 6351, and 6362 (Class A Telephone Companies)'' and adding an
entry for ``Information Origination/Termination Expenses--Account
6310'' in its place;
0
iv. Removing the entry ``Cable and Wire Facilities Expenses--Account
6410 (Class B Telephone Companies); Accounts 6411, 6421, 6422, 6423,
6424, 6426, 6431, and 6441 (Class A Telephone Companies)'' and adding
an entry for ``Cable and Wire Facilities Expenses--Account 6410'' in
its place;
0
v. Removing the entry ``Other Property Plant and Equipment Expenses--
Account 6510 (Class B Telephone Companies); Accounts 6511 and 6512
(Class A Telephone Companies)'' and adding an entry for ``Other
Property Plant and Equipment Expenses--Account 6510'' in its place;
0
vi. Removing the entry ``Network Operations Expenses--Account 6530
(Class B Telephone Companies); Accounts 6531, 6532, 6533, 6534, and
6535 (Class A Telephone Companies)'' and adding an entry for ``Network
Operations Expenses--Account 6530'' in its place;
0
vii. Removing the entry ``Marketing--Account 6610 (Class B Telephone
Companies); Accounts 6611 and 6613 (Class A Telephone Companies)'' and
adding an entry for ``Marketing--Account 6610'' in its place; and
0
viii. Removing the entry ``Operating Taxes--Account 7200 (Class B
Telephone Companies); Accounts 7210, 7220, 7230, 7240, and 7250 (Class
A Telephone Companies)'' and adding an entry for ``Operating Taxes--
Account 7200'' in its place.
The additions read as follows:
Sec. [thinsp]36.301 Section arrangement.
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
Plant Specific Operations Expenses:
* * * * * * *
Network Support/General Support Expenses--Accounts 36.311.
6110 and 6120....................................
Central Office Expenses--Accounts 6210, 6220, 6230 36.321.
Information Origination/Termination Expenses-- 36.331.
Account 6310.....................................
Cable and Wire Facilities Expenses--Account 6410.. 36.341.
Plant Nonspecific Operations Expenses:
* * * * * * *
Other Property Plant and Equipment Expenses-- 36.352.
Account 6510.....................................
Network Operations Expenses--Account 6530......... 36.353.
[[Page 63586]]
* * * * * * *
Customer Operations Expenses:
* * * * * * *
Marketing--Account 6610........................... 36.372.
* * * * * * *
Corporate Operations Expenses:
* * * * * * *
Operating Taxes--Account 7200..................... 36.411 and 36.412.
* * * * * * *
------------------------------------------------------------------------
0
12. Amend Sec. 36.302 by revising paragraphs (c)(1) introductory text
and (c)(1)(i) to read as follows:
Sec. [thinsp]36.302 General.
(c) * * *
(1) Subsidiary Record Categories (SRCs) for Salaries and Wages,
Benefits and Other Expenses are applicable to all of the expense
accounts except for:
(i) SRCs for access expenses are maintained to identify interstate
and state access expense and billing and collection expense for
carrier's carrier.
* * * * *
0
13. Amend Sec. 36.310 by revising the table in paragraph (a) to read
as follows:
Sec. [thinsp]36.310 General.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
------------------------------------------------------------------------
Network Support Expenses............... Account 6110.
General Support Expenses............... Account 6120.
Central Office Switching Expenses...... Account 6210.
Operator System Expenses............... Account 6220.
Central Office Transmission Expenses... Account 6230.
Information Origination/Termination Account 6310.
Expenses.
Cable and Wire Facilities Expenses..... Account 6410.
------------------------------------------------------------------------
* * * * *
0
14. Amend Sec. 36.311 by revising the section heading to read as
follows:
Sec. [thinsp]36.311 Network Support/General Support Expenses--
Accounts 6110 and 6120.
* * * * *
0
15. Amend Sec. 36.321 by revising the section heading, the table in
paragraph (a), and paragraph (b) to read as follows:
Sec. [thinsp]36.321 Central office expenses--Accounts 6210, 6220,
and 6230.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
------------------------------------------------------------------------
Central Office Switching Expense....... Account 6210.
Operator Systems Expense............... Account 6220.
Central Office Transmission Expense.... Account 6230.
------------------------------------------------------------------------
(b) The expenses in these accounts are apportioned among the
operations on the basis of the separation of the investments in central
office equipment--Accounts 2210, 2220 and 2230, combined.
0
16. Amend Sec. 36.331 by revising the section heading to read as
follows:
Sec. [thinsp]36.331 Information origination/termination expenses--
Account 6310.
* * * * *
0
17. Amend Sec. 36.341 by revising the section heading to read as
follows:
Sec. [thinsp]36.341 Cable and wire facilities expenses--Account
6410.
* * * * *
0
18. Revise Sec. 36.351 to read as follows:
Sec. [thinsp]36.351 General.
Plant nonspecific operations expenses include the following
accounts:
Table 1 to Sec. 36.351
------------------------------------------------------------------------
------------------------------------------------------------------------
Other Property Plant and Equipment Account 6510.
Expenses.
Network Operations Expenses............ Account 6530.
Access Expenses........................ Account 6540.
Depreciation and Amortization Expenses. Account 6560.
------------------------------------------------------------------------
[[Page 63587]]
0
19. Amend Sec. 36.352 by revising the section heading to read as
follows:
Sec. [thinsp]36.352 Other property plant and equipment expenses--
Account 6510.
* * * * *
0
20. Amend Sec. 36.353 by revising the section heading to read as
follows:
Sec. [thinsp]36.353 Network operations expenses--Account 6530.
* * * * *
Sec. [thinsp]36.371 [Amended]
0
21. Amend Sec. 36.371, in the table, by removing ``(Class B telephone
companies); Accounts 6611 and 6613 (Class A telephone companies)''.
0
22. Amend Sec. 36.372 by revising the section heading to read as
follows:
Sec. [thinsp]36.372 Marketing--Account 6610.
* * * * *
Sec. [thinsp]36.375 [Amended]
0
23. Amend Sec. 36.375(b)(4) and (5) by removing ``through (4)'' and
adding in its place ``through (3)''.
Sec. 36.377 [Amended]
0
24. Amend Sec. 36.377 by adding a reserved paragraph (b).
0
25. Amend Sec. 36.392 by revising paragraph (c) to read as follows:
Sec. [thinsp]36.392 General and administrative--Account 6720.
* * * * *
(c) The expenses in this account are apportioned among the
operations on the basis of the separation of the cost of the combined
Big Three Expenses which include the following accounts:
Table 1 to Paragraph (c)
------------------------------------------------------------------------
------------------------------------------------------------------------
Plant Specific Expenses
------------------------------------------------------------------------
Central Office Switching Expenses...... Account 6210.
Operators Systems Expenses............. Account 6220.
Central Office Transmission Expenses... Account 6230.
Information Origination/Termination Account 6310.
Expenses.
Cable and Wire Facilities Expense...... Account 6410.
------------------------------------------------------------------------
Plant Non-Specific Expenses
------------------------------------------------------------------------
Network Operations Expenses............ Account 6530.
------------------------------------------------------------------------
Customer Operations Expenses
------------------------------------------------------------------------
Marketing.............................. Account 6610.
Services............................... Account 6620.
------------------------------------------------------------------------
0
26. Revise Sec. 36.411 to read as follows:
Sec. [thinsp]36.411 Operating taxes--Account 7200.
This account includes the taxes arising from the operations of the
company, i.e.:
(a) Operating Investment Tax Credits.
(b) Operating Federal Income Taxes.
(c) Operating State and Local Income Taxes.
(d) Operating Other Taxes.
(e) Provision for Deferred Operating Income Taxes.
Sec. [thinsp]36.501 [Amended]
0
27. Amend Sec. 36.501, in the table, by removing ``(Class B Telephone
Companies); Account 3410 (Class A Telephone Companies)''.
Sec. 36.505 [Amended]
0
28. Amend Sec. 36.505 as follows:
0
a. Revise the section heading; and
0
b. Redesignate paragraph (a) as an undesignated paragraph.
The revision reads as follows:
Sec. [thinsp]36.505 Accumulated amortization--Tangible--Account
3400.
* * * * *
Sec. Sec. 36.3, 36.123, 36.124, 36.125, 36.126, 36.141, 36.142,
36.152, 36.157, 36.191, 36.374, 36.375, 36.377, 36.378, 36.379, 36.380,
36.381, and 36.382 [Amended]
0
29. In addition to the amendments set forth above, in 47 CFR part 36,
remove the words ``twelve month'' and add in their place the words
``twelve-month'' in the following places:
0
a. Section 36.3(a) and (b);
0
b. Section 36.123(a)(5) and (6);
0
c. Section 36.124(d);
0
d. Section 36.125(h) and (i);
0
e. Section 36.126(b)(5) and (6), (c)(4), (e)(4), and (f)(2);
0
f. Section 36.141(c);
0
g. Section 36.142(c);
0
h. Section 36.152(d);
0
i. Section 36.157(b);
0
j. Section 36.191(d);
0
k. Section 36.374(b);
0
l. Section 36.375(b)(4);
0
m. Section 36.377(a) introductory text, (a)(1)(ix), (a)(2)(vii),
(a)(3)(vii), (a)(4)(vii), (a)(5)(vii), and (a)(6)(vii);
0
n. Section 36.378(b)(1);
0
o. Section 36.379(b)(1);
0
p. Section 36.380(d) and (e);
0
q. Section 36.381(c); and
0
r. Section 36.382(a).
[FR Doc. 2018-25803 Filed 12-10-18; 8:45 am]
BILLING CODE 6712-01-P