By: Andrew Regitsky
The FCC released an Order on April 15, 2021, in Docket 22-108 listing the requirements for ILECs as they file their 2022 Annual Access Filings accompanied by their Tariff Review Plans (TRPs). As usual, the proposed access rates will become effective on July 1st. The due dates for the year’s filing are as follows:
15-Day ILEC Tariff Filings – June 16, 2022
Petitions Opposing the Filings – June 23, 2022
Replies to Oppositions – June 27, 2022
7-Day ILEC Tariff Filings – June 24, 2022
Petitions Opposing the Filings – June 27, 2022
Replies to Oppositions – June 29, 2022 (due no later than 12:00 p.m. Eastern Time)
Please note that under the FCC’s rules, an ILEC may file a new or revised access charge, classification, regulation, or practice on a streamlined basis which is deemed lawful and effective in 7 days when the proposed access rates are reduced, or effective in 15 days when the proposed access rates are increased, unless the Commission acts before the end of that 7 or 15-day period.
Price cap ILECs must make Annual Access Filings every year. Rate-of-Return (ROR) ILECs are required to file every other year. ROR ILECs filing pursuant to the requirements of section 61.38 of the Commission’s rules are required to file their Annual Access Charge tariffs this year, an even-numbered year. Ordinarily, ROR ILECs subject to section 61.39 of the Commission’s rules would not be required to file new tariffs this year, because they file revisions in odd-numbered years. However, due to the USF/ICC Transformation Order which transitioned most terminating switched access rates to bill-and-keep, ROR ILECs subject to section 61.39 of the Commission’s rules must file a TRP this year to comply with the requirements of sections 51.917(d)(1)(iv), and 51.917(e) of the Commission’s rules
This year’s Annual Access Filings continue the 8YY 3-year transition to bill-and-keep.
[A]ll price cap and rate-of-return incumbent LECs are required to transition their interstate and intrastate toll free (or 8YY) originating end office access service rates to bill-and-keep over a three-year period. As an initial step, rate-of-return incumbent LECs were required to cap the rate for all intrastate originating access service rate elements for toll free calls, including toll free database query charges, as of December 28, 2020. As part of the transition, beginning July 1, 2021, price cap and rate-of-return incumbent LECs are required to tariff separate rate elements for toll free and non-toll-free interstate and intrastate originating end office access service. These incumbent LECs then must reduce their intrastate toll-free originating end office access service rates to interstate levels when intrastate rates exceed comparable interstate rates. Also, all incumbent LECs are required to tariff rate elements for interstate and intrastate non-toll-free originating transport service between an end office and tandem switch and remove these rate elements from their tariffs for toll free originating traffic, consistent with a bill-and-keep methodology. Further, all incumbent LECs are required to tariff a single rate element of no more than $0.001 per minute for joint tandem switched transport access service for toll free calls. In addition, beginning July 1, 2021, incumbent LECs are required to reduce the intrastate and interstate toll free database query charges in their tariffs to no more than $0.004248 per query. Incumbent LECs charging database query charges lower than this rate, however, may not increase their rates. (Docket 21-148, Released April 16, 2021, at para. 5).
Effective July 1, 2022, ILECs are required to reduce interstate and intrastate originating end office access service rates for toll free calls by one-half of the maximum rate allowed by the Commission’s rules. ILECs are also required to reduce intrastate and interstate toll free database query charges by one-half of the difference between the rate permitted by the rules and the transitional rate of $0.00002 per query.
There are also new tariff filing fees this year. Price cap LECs and entities involving more than 100 LECs must pay $6,540. Smaller companies must pay $3,270.
As usual, CCMI will be there to catalog every access charge change filed and guide you through the 8YY changes. There is simply nowhere else in the industry to get this level of accuracy and expertise.