FCC 61.41 Revised as of October 1, 2014
Goto Year:2013 |
§ 61.41 Price cap requirements generally.
(a) Sections 61.42 through 61.49 shall apply as follows:
(2) To such price cap local exchange carriers as specified by
Commission order, and to all local exchange carriers, other than
average schedule companies, that are affiliated with such carriers; and
(3) On an elective basis, to local exchange carriers, other than those
specified in paragraph (a)(2) of this section, that are neither
participants in any Association tariff, nor affiliated with any such
participants, except that affiliation with average schedule companies
shall not bar a carrier from electing price cap regulation provided the
carrier is otherwise eligible.
(b) If a telephone company, or any one of a group of affiliated
telephone companies, files a price cap tariff in one study area, that
telephone company and its affiliates, except its average schedule
affiliates, must file price cap tariffs in all their study areas.
(c) Except as provided in paragraph (e) of this section, the following
rules in this paragraph (c) apply to telephone companies subject to
price cap regulation, as that term is defined in § 61.3(ee), which are
involved in mergers, acquisitions, or similar transactions.
(1) Any telephone company subject to price cap regulation that is a
party to a merger, acquisition, or similar transaction shall continue
to be subject to price cap regulation notwithstanding such transaction.
(2) Where a telephone company subject to price cap regulation acquires,
is acquired by, merges with, or otherwise becomes affiliated with a
telephone company that is not subject to price cap regulation, the
latter telephone company shall become subject to price cap regulation
no later than one year following the effective date of such merger,
acquisition, or similar transaction and shall accordingly file price
cap tariffs to be effective no later than that date in accordance with
the applicable provisions of this part 61.
(3) Notwithstanding the provisions of § 61.41(c)(2), when a telephone
company subject to price cap regulation acquires, is acquired by,
merges with, or otherwise becomes affiliated with a telephone company
that qualifies as an "average schedule" company, the latter company may
retain its "average schedule" status or become subject to price cap
regulation in accordance with § 69.3(i)(3) of this chapter and the
requirements referenced in that section.
(d) Except as provided in paragraph (e) of this section, local exchange
carriers that become subject to price cap regulation as that term is
defined in § 61.3(ee) shall not be eligible to withdraw from such
(e) Notwithstanding the requirements of paragraphs (c) and (d) of this
section, a telephone company subject to rate-of-return regulation may
return lines acquired from a telephone company subject to price cap
regulation to rate-of-return regulation, provided that the acquired
lines will not be subject to average schedule settlements, and provided
further that the telephone company subject to rate-of-return regulation
may not for five years elect price cap regulation for itself, or by any
means cause the acquired lines to become subject to price cap
[ 55 FR 42382 , Oct. 19, 1990; 55 FR 50558 , Dec. 7, 1990, as amended at
56 FR 55239 , Oct. 25, 1991; 64 FR 46589 , Aug. 26, 1999; 65 FR 38695 ,
June 21, 2000; 65 FR 57741 , Sept. 26, 2000; 69 FR 25336 , May 6, 2004;
76 FR 43213 , July 20, 2011]
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