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National Exchange Carrier Association Tariff F.C.C. No. 5

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Released: October 5, 2012

Federal Communications Commission

DA 12-1597

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

WC Docket No. 12-254
National Exchange Carrier Association Tariff
)
F.C.C. No. 5
)
Transmittal No. 1358
)

ORDER ON RECONSIDERATION

Adopted: October 5, 2012

Released: October 5, 2012

By the Acting Chief, Pricing Policy Division:

I.

INTRODUCTION

1.
On September 7, 2012, we released the NECA Suspension Order,1 which suspended for
one day, and set for investigation, the special access rate increases contained in the National Exchange
Carrier Association’s (NECA) F.C.C. Tariff No. 5, Transmittal No. 1358. 2 Since the NECA Suspension
Order
we have received additional information and further evaluated the tariff filing and supporting
material. On our own motion, we reconsider our decision to suspend and investigate the tariff revisions
contained in the NECA F.C.C. Tariff No. 5, Transmittal No. 1358.

II. DISCUSSION

2.
In the NECA Suspension Order, we suspended for one day, and set for investigation the
special access rate increases contained in NECA’s F.C.C. Tariff No. 5, Transmittal No. 1358. According
to NECA, those rate increases accounted for two recent events: (1) the withdrawal from the NECA pool
of fifteen rate-of-return study areas that are affiliated with three price cap companies, and (2) Eastex
Telephone Cooperative’s (Eastex) reallocation of costs between jurisdictional cost categories.3 AT&T
Corp. (AT&T) had filed a petition to suspend for one day, investigate, and issue an accounting order for
the rate increases contained in NECA’s tariff revisions.4 AT&T argued that NECA’s filing did not
provide sufficient justification tying these events to its proposed rate increases.5 Because AT&T raised
issues that we believe required further inquiry, we suspended NECA’s F.C.C. Tariff No. 5, Transmittal


1 National Exchange Carrier Association Tariff F.C.C. No. 5, WC Docket No. 12-254, Order, DA 12-1458 (Pric.
Pol. Div. rel. Sept. 7, 2012) (NECA Suspension Order).
2 See NECA Transmittal No. 1358, Tariff F.C.C. No. 5 (filed Aug. 24, 2012).
3 Description and Justification, NECA Transmittal No. 1358, F.C.C. Tariff No 5at 1.
4 National Exchange Carrier Association, Inc. Tariff F.C.C. No. 5, Petition of AT&T Corp. for Suspension and
Investigation, Transmittal No 1358 (filed Aug. 31, 2012) (AT&T Petition).
5 Specifically, AT&T argued that the data NECA provided concerning the impact of the exit of the carriers
withdrawing from the NECA pool was inconsistent with information that those carriers have submitted in support of
their own tariff filings. AT&T Petition at 3-4. Further, AT&T argued that the Eastex reallocation should result in
increases to NECA’s special access revenue requirement and decreases in NECA’s switched access revenue
requirement, but NECA’s filing does not include these offsetting changes. Id. at 4-6.

Federal Communications Commission

DA 12-1597

No. 1358, and requested additional information from Eastex.
3.
After release of the NECA Suspension Order, the Division carefully reviewed the
information that NECA submitted with their reply,6 and the additional information received from Eastex.7
This additional information and review has satisfied our concerns. Accordingly, pursuant to sections
1.108 and 0.291 of the Commission’s rules,8 we reconsider on our own motion our decision to suspend
and investigate the special access rates contained in NECA’s F.C.C. Tariff No. 5, Transmittal No. 1358,
and we terminate the accounting orders and investigations of these tariff provisions.

III.

ORDERING CLAUSES

4.
Accordingly, IT IS ORDERED that, pursuant to sections 0.91, 0.291 and 1.108 of the
Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.108, we reconsider on our own motion our decision in
the NECA Suspension Order to suspend and investigate the revised special access rates contained in
NECA’s F.C.C. Tariff No,. 5, Transmittal No. 1358.
5.
IT IS FURTHER ORDERED that, pursuant to sections 0.91 and 0.291 of the
Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, the investigation and accounting order imposed in WC
Docket No. 12-254 IS TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
Victoria S. Goldberg
Acting Chief, Pricing Policy Division
Wireline Competition Bureau


6 National Exchange Carrier Association, Inc. Tariff F.C.C. No. 5, Reply of National Exchange Carrier Association
(filed Sept. 6, 2012).
7 See Letter from John Kuykendall, Vice President, John Staurulakis, Inc., to Marlene H. Dortch, Secretary, Federal
Communications Commission, WC Docket No. 12-254 (Sept. 14, 2012); Letter from John Kuykendall, Vice
President, John Staurulakis, Inc., to Marlene H. Dortch, Secretary, Federal Communications Commission, WC
Docket No. 12-254 (Sept. 25, 2012).
8 47 C.F.R. §§ 0.291, 1.108.
2

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