(1)
Application of intrastate access charges.
a. Intrastate access charges shall apply to
all intrastate access services rendered to interexchange utilities. Intrastate
access charges shall not apply to EAS traffic. In the case of resale of
services of interexchange utilities, access charges shall apply as follows:
(1) The interexchange utilities shall be
billed as if no resale were involved.
(2) The resale carrier shall be billed only
for access services not already billed to the underlying interexchange
utility.
(3) Specific billing
treatment and administration shall be provided pursuant to tariff.
b. Except as provided in
22.14(1)
"b" (3), no person shall make any communication of the
type and nature transmitted by telephone utilities, between exchanges located
within Iowa, over any system or facilities, which are or can be connected by
any means to the intrastate telephone network, and uses exchange utility
facilities, unless the person shall pay to the exchange utility or utilities
which provide service to the exchange where the communication is originated and
the exchange where it is terminated, in lieu of the carrier common line charge,
a charge in the amount of $25 per month per circuit that is capable of
interconnection. However, if the person provides actual access minutes to the
exchange utility, the charge shall be the charge per access minute or fraction
thereof provided in 22.14(2)
"d"(1), not to exceed $25 per line
per month. The charge shall apply in all exchanges. However, if the person
attests in writing that its facility cannot interconnect and is not
interconnected with the exchange in question, the person will not be subject to
the charge in that exchange.
(1) In the event
that a communication is made without compliance with this rule, the telephone
utility or utilities serving the person shall terminate telephone service after
notice pursuant to subrule 22.4(5). The utility shall not reinstate service
until the board orders the utility to restore service. The board shall order
service to be restored when it has reasonable assurance that the person will
comply with this rule.
(2) In any
action concerning this rule, the burden of proof shall be upon the person
making intrastate communications.
(3) This rule shall be inapplicable to
administrative communications made by or to a telephone utility.
(2)
Filing of
intrastate access service tariffs.
a. Tariffs providing for intrastate switched
access services shall be filed with the board by a local exchange utility which
provides such services. A local exchange utility whose tariff or concurring
tariff does not contain automatic reductions to implement the applicable
transitional intrastate access service reductions shall file revised
transitional intrastate access services rates with the board to become
effective on or about July 1 of each year until such terminating rates are
removed from the tariff. A competitive local exchange carrier that is required
to benchmark its intrastate access service rates to the rates of an incumbent
local exchange carrier shall file revised transitional intrastate access rates
with the board to become effective on or about August 1 of each year until such
terminating rates are removed from the tariff. Unless otherwise provided, the
filings are subject to the applicable rules of the board.
b. Except in situations involving HVAS, a
local exchange utility may concur in the intrastate access tariff filed by
another local exchange utility serving the same exchange area. However, a
competitive local exchange carrier may not concur in the intrastate access
tariff of an incumbent local exchange carrier that qualifies as a rural
telephone company pursuant to
47
U.S.C. §
153(44) unless
the competitive local exchange carrier also is a rural CLEC pursuant to
47
CFR §
61.26(a)(6).
(1) Alternatively, a local exchange utility
may voluntarily elect to join another local exchange utility or utilities in
forming an association of local exchange utilities. The association may file
intrastate access service tariffs.
(2) All elements of the filings, under rule
199-22.14
(476) including access service rate elements, shall be subject to review and
approval by the board.
c. Rescinded IAB 2/7/90, effective
3/14/90.
d. All intrastate access
service tariffs shall incorporate the following:
(1) Carrier common line charge. The rate for
the intrastate carrier common line charge shall be three cents per access
minute or fraction thereof for the originating segments of the communication
unless a lower rate is required by the transitional intrastate access service
reductions or if numbered paragraphs "1" and "2" are applicable. The carrier
common line charge shall be assessed to exchange access made by an
interexchange telephone utility, including resale carriers. In lieu of this
charge, interconnected private systems shall pay for access as provided in
22.14(1)
"b. "
1. Incumbent
local exchange carrier intrastate access service tariffs shall include the
carrier common line charges approved by the board.
2. A competitive local exchange carrier that
concurs in or mirrors the rates in the access services tariff of the Iowa
Communications Alliance, or its successor, shall deduct the originating and
terminating carrier common line charges from its intrastate access service
tariff.
(2) End-user
charge. No intrastate end-user charge shall be assessed.
(3) Universal service fund. No universal
service fund shall be established.
(4) Transitional and premium rates. There
shall be no discounted transitional rate elements applied in Iowa except as
otherwise specifically set forth in these rules.
(5) Rescinded IAB 10/14/15, effective
11/18/15.
(6) A telephone utility
may, pursuant to tariff, bill for access on the basis of assumed minutes of use
where measurement is not practical. However, if the interexchange utility
provides actual minutes of use to the billing utility, the actual minutes shall
be used.
(7) In the absence of a
waiver granted by the board, local exchange utilities shall allow any
interexchange utility the option to use its own facilities that were in service
on March 19,1992, to provide local access transport service to terminate its
own traffic to the local exchange utility. The interexchange utility may use
its facilities in the manner and to a meet point agreed upon by the local
exchange utility and the interexchange utility as of March 19, 1992. Changes
mutually agreeable to the local exchange utility and the interexchange utility
after that date also shall be recognized in allowing the interexchange utility
to use its own local access transport facilities to terminate its own traffic.
Recognition under this rule will also be extended to improvements by an
interexchange utility that provided all the transport facilities to an exchange
on March 19, 1992, whether the improvements were mutually agreeable or not,
unless the improvements are inconsistent with an agreement between the
interexchange utility and the local exchange utility.
(8) A provision prohibiting the application
of association access service rates to HVAS traffic.
e. A local exchange utility that is adding a
new HVAS customer or otherwise reasonably anticipates an HVAS situation shall
provide notice of the situation, the telephone numbers that will be assigned to
the HVAS customer (if applicable), and the expected date service to the HVAS
customer will be initiated, if applicable. Notice may be sent to each
interexchange utility that paid for intrastate access services from the local
exchange carrier in the preceding 12 months; to any carrier with whom the local
exchange carrier exchanged traffic in the preceding 12 months; and to all other
local exchange carriers authorized to provide service in the subject exchange,
by a method calculated to provide adequate notice. Any interexchange utility
may request negotiations concerning the access rates applicable to calls to or
from the HVAS customer.
Any interexchange utility that believes a situation has
occurred or is occurring that does not specifically meet the HVAS threshold
requirements defined in subrule 22.1(3), but which raises the same general
concerns and issues as an HVAS situation, may file a complaint with the board
pursuant to these rules.
A local exchange utility that experiences an increase in
intrastate access billings that qualifies as an HVAS situation, but did not add
a new HVAS customer or otherwise anticipate the situation, shall notify
interexchange utilities of the HVAS situation at the earliest reasonable
opportunity, as described in the preceding paragraph. Any interexchange utility
may request negotiations concerning whether the local exchange utility's access
rates, as a whole or for HVAS only, should be changed to reflect the increased
access traffic.
When a utility requests negotiations concerning intrastate
access services, the parties shall negotiate in good faith to achieve
reasonable terms and procedures for the exchange of traffic. No access charges
shall apply to the HVAS traffic until an access tariff for HVAS is accepted for
filing by the board and has become effective. At any time that any party
believes negotiations will not be successful, any party may file a written
complaint with the board pursuant to Iowa Code section
476.11.
In any such proceeding, the board will consider setting the rate for access
services for HVAS traffic based upon the incremental cost of providing HVAS,
although any other relevant evidence may also be considered. The incremental
cost will not include marketing or other payments made to HVAS customers. The
resulting rates for access services may include a range of rates based upon the
volume of access traffic or other relevant factors. Any negotiations pursuant
to this paragraph shall conclude within 60 days. After 60 days, a party to the
negotiations may petition the board to extend the period of negotiations or may
petition the board to set a hearing pursuant to 199-paragraph
7.4(10)"d. "
(3) Rescinded, IAB 9/21/88, effective
10/26/88.
(4)
Notice of
intrastate access service tariffs.
a. Each telephone utility that files new or
changed tariffs relating to access charges or access service shall give written
notice of the new or changed tariffs to the utility's interexchange utility
access customers, the board, and the consumer advocate. Notice shall be given
on or before the date of the filing of the tariff. The notice shall consist of:
the file date, the proposed effective date, a description of the proposed
changes, and the tariff section number where the service description is
located. If two or more local exchange utilities concur in a single tariff
filing, the local exchange utilities may send a joint written notice to the
board, consumer advocate, and the interexchange utilities.
b. The board shall not approve any new or
changed tariff described in paragraph"a " until after the
period for resistance provided in subrule 22.14(5), paragraph"a.
"
(5)
Resistance to intrastate access service tariffs.
a. If an interexchange utility affected by an
access service filing or the consumer advocate desires to file a resistance to
a proposed new or changed access service tariff, it shall file its resistance
within 14 days after the filing of the proposed tariff. The interexchange
utility shall send a copy of the resistance to all telephone utilities filing
or concurring in the proposed tariff.
b. After receipt of a timely resistance, the
board may:
(1) Deny the resistance if it does
not on its face present a material issue of adjudicative fact or the board
determines the resistance to be frivolous or otherwise without merit and allows
the tariff to go into effect by order or by operation of law; or
(2) Either suspend the tariff or allow the
tariff to become effective subject to refund; and initiate informal complaint
proceedings; or
(3) Either suspend
the tariff or allow the tariff to become effective subject to refund; and
initiate contested case proceedings; or
(4) Reject the tariff, stating the grounds
for rejection.
c. The
interexchange utility or the consumer advocate shall have the burden to support
its resistance.
d. If contested
case proceedings are initiated upon resistance filed by an interexchange
utility, the interexchange utility shall pay the expenses reasonably
attributable to the proceeding unless the interexchange utility is the
successful party as determined by the board.
(6)
Access charge rules to
prevail. The provisions of rule
199-22.14
(476) shall be determinative of the procedures relating to intrastate access
service tariffs and shall prevail over all inconsistent rules.
(7)
Access billing disputes and
discontinuation of service. The provisions of subparagraph
22.4(5)
"h" (3) also apply to intrastate access billing
disputes. The provisions of rule
199-22.16
(476) shall be followed before a utility discontinues providing intrastate
access service to another utility.
Notes
Iowa Admin. Code r.
199-22.14
ARC 7826B, lAB 6/3/09,
effective 7/8/09; ARC 8871B, lAB 6/30/10, effective 8/4/10
Amended by
IAB
October 14, 2015/Volume XXXVIII, Number 08, effective
11/18/2015
Amended by
IAB
February 15, 2017/Volume XXXIX, Number 17, effective
3/22/2017