Telecommunications Relay Services

Federal RegisterMay 10, 1994

Ask Donna

What actually matters in this document.

Text

FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 90-571; DA 94-298]

Telecommunications Relay Services

AGENCY: Federal Communications Commission.

ACTION: Order.

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

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:

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

Payments due 4/26/94

Mailing address Worksheet due 4/26/94 through 3/26/95*

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

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.

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

*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

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