Sec. 69.204  Optional alternative carrier common line tariff provisions.

    (a) A telephone company that files a concurrence described in 
subsection (c) of this section may file Optional Alternative Carrier 
Common Line tariff provisions for a particular study area to encourage 
use of telephone company access service facilities by interexchange 
carriers and large volume users. Such tariff provisions shall be 
designed to ensure that large volume users of interstate or foreign 
telecommunications services in such study area will receive the benefit 
of any reduction in Carrier Common Line charges. These tariff provisions 
shall be filed on a minimum of 90 days notice.
    (b) A telephone company that files an Optional Alternative Carrier 
Common charge may file a surcharge upon End User Common Line charges, to 
be effective on a minimum of 90 days notice, if
    (1) A uniform surcharge is imposed upon all monthly End User Common 
Line charges in such study area;
    (2) The monthly surcharge does not exceed 35 cents; and
    (3) Such surcharge revenues are not likely to exceed the difference 
between the annual revenues that would have been produced by the 
association Carrier Common Line charge and the annual revenues that will 
be produced by the Optional Alternative Carrier Common Line tariff 
provisions.
    (c) A concurrence may be issued by a public utility commission that 
regulates intrastate telecommunications services in the relevant area or 
by the CC Docket 80-286 Joint Board. A telephone company may request a 
concurrence from the CC Docket 80-286 Joint Board if, but only if, the 
appropriate public utility commission declines to issue a concurrence or 
fails to act upon a request for a concurrence within 60 days after such 
request has been filed. A concurrence shall signify that a majority of 
such commission or Joint Board agree that the Optional Alternative 
Carrier Common Line tariff provisions are warranted to deter bypass in 
the affected area and that any End User Common Line surcharge is not 
likely to impair universal service in the affected area.

[ 50 FR 944 , Jan. 8, 1985]