Report No. CC 95-39 COMMON CARRIER ACTION June 30, 1995 COMMON CARRIER BUREAU ADOPTS ORDER DESIGNATING ISSUES FOR INVESTIGATION OF CLAIMS FOR EXOGENOUS TREATMENT OF THE AMOUNTS ASSOCIATED WITH OTHER POSTRETIREMENT EMPLOYEE BENEFITS The Common Carrier Bureau (Bureau) adopted an Order designating issues for investigation concerning the amount of claims for exogenous treatment of other postretirement employee benefits (OPEBs) that AT&T Communications (AT&T) and the local exchange carriers (LECs) can claim for purposes of price cap adjustments. Under price cap regulation, costs deemed "exogenous" may be used by the carrier to increase, or decrease, the price cap indexes (PCI) to the extent that those costs are not otherwise represented in the formula used to set the PCI and are not within the carrier's control. In December 1990, the Financial Accounting Standards Board (FASB) adopted SFAS-106, which changes the way businesses following Generally Accepted Accounting Principles (GAAP) must account for OPEBs that are provided to retired employees. OPEBs are typically medical benefits, but may also include life insurance and any postretirement benefit other than pensions provided to retired employees. Regulated LECs and AT&T historically accounted for these benefits on a "pay-as- you-go" (cash) basis, recognizing the amounts actually paid to retired employees each year. SFAS-106, however, requires accounting recognition of these benefits as they are earned by employees during their working years -- accrual accounting. In January 1993, the Commission adopted an Order denying the LECs' request for exogenous treatment of OPEBs. On July 12, 1994, the United States Court of Appeals for the District of Columbia Circuit reversed and remanded the Commission's Order denying exogenous treatment of OPEBs. Although the court directed the Commission to grant exogenous treatment for OPEBs, it remanded to the Commission the question of determining the specific amount of OPEB-related costs that are eligible for exogenous treatment. Accordingly, the Bureau has designated issues relating to both the costs of the change from cash-basis to accrual accounting as well as the amounts that can be claimed for the transitional benefit obligation (TBO). The TBO reflects the amount that a company would have accrued on its books as of the effective date of the accounting change if it had been operating under the accrual method. - 2 - The Common Carrier Bureau has also made AT&T a party to this proceeding because the rates AT&T proposed in a number of transmittals were designed to recover LEC access charges that included the SFAS-106 costs claimed by the LECs as well as AT&T's own SFAS-106 amounts. In addition, the Bureau included in this investigation a number of transmittals filed by certain LECs in which they claim exogenous treatment of SFAS-106 amounts not previously claimed. The carriers' Direct Cases on the designated issues are due on August 14, 1995. Comments on the Direct Cases are due on September 13, 1995 and rebuttals by the carriers to the comments are due on September 28, 1995. Action by the Chief, Common Carrier Bureau on June 26, 1995 by Order Designating Issues for Investigation (DA 95-1485). -FCC- News Media contact: Susan Lewis Sallet at (202) 418-1500 Common Carrier Bureau contacts: Suzan Friedman at (202) 418-1530, or Geraldine Matise at (202) 418-1520.