47 C.F.R. § 69.153

Presubscribed interexchange carrier charge (PICC)

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(a) A charge expressed in dollars and cents per line may be assessed upon the Multi-line business subscriber's presubscribed interexchange carrier to recover revenues totaling Average Price Cap CMT Revenues per Line month times the number of base period lines less revenues recovered through the End User Common Line charge established under § 69.152 and Interstate Access Universal Service Support Per Line (as defined in § 54.807 of this chapter) multiplied by base period lines for the applicable customer class and zones receiving such support, up to a maximum of $4.31 per line per month. In the event the ceilings on the PICC prevent the PICC from recovering all the residual common line/marketing and residual interconnection charge revenues, the PICC shall recover all residual common line/marketing revenues before it recovers residual interconnection charge revenues.

(b) If an end-user customer does not have a presubscribed interexchange carrier, the local exchange carrier may collect the PICC directly from the end user.

(c) [Reserved]

(d) Local exchange carriers shall assess no more than five PICCs as calculated under paragraph (a) of this section for Primary Rate Interface ISDN service.

(e) The maximum monthly PICC for Centrex lines shall be one-ninth of the maximum charge determined under paragraph (a) of this section, except that if a Centrex customer has fewer than nine lines, the maximum monthly PICC for those lines shall be the maximum charge determined under paragraph (a) of this section divided by the customer's number of Centrex lines.

(f) The PICC shall not be applicable to any payphone lines.

(g)-(h) [Reserved]

[65 FR 38703, June 21, 2000; 65 FR 57744, Sept. 26, 2000, as amended at 68 FR 43329, July 22, 2003]
Notes of Decisions
Cited in 7 cases, 2001–2016 · leading case: BCN Telecom, Inc. v. State Tax Assessor, 2016 ME 165 (Me. 2016).
BCN Telecom, Inc. v. State Tax Assessor, 2016 ME 165 (Me. 2016). · cites it 4× “See 47 C.F.R. § 69.153 (b) (2014). 5 [¶6] BCN limited the charges that it imposed to an amount not exceeding the maximum PICC authorized for a local exchange carrier to charge an IXC by federal regulation.”
INDOOR BILLBOARD WASHINGTON, INC. v. Integra Telecom of Washington, Inc., 170 P.3d 10 (Wash. 2007). · cites it 2× “FCC PICC rule, 47 C.F.R. § 69.153 (a); Clerk's Papers (CP) at 378.”
Indoor Billboard/Washington, Inc. v. Integra Telecom of Washington, Inc., 162 Wash. 2d 59 (Wash. 2007). · cites it 2× “FCC PICC rule, 47 C.F.R. § 69.153 (a); Clerk’s Papers (CP) at 378.”
BCN Telecom, Inc. v. Assessor, 151 A.3d 497 (Me. 2016). · cites it 6× “See 47 C.F.R. § 69.153 (2014). 5 Thus, IXCs like BCN pay PICCs to local exchange carriers, whether they are incumbent local exchange carriers (ILECs), which own the actual infrastructure of local loops, or CLECs, which compete with ILECs in providing local services.”
Texas Off. of Pub. Util. Couns. v. Fed. Commc'ns Comm'n, 265 F.3d 313 (5th Cir. 2001). “” 47 C.F.R. § 69.153 (2000). Hence, from a policy perspective, end-users will be assessed access charges, whether directly through the SLC or indirectly through the PICC or through a combination of both; thus, a more appropriate question, at least in terms of impact on…”
Powers Law Offices, PC v. Cable & Wireless USA, Inc., 326 F. Supp. 2d 190 (D. Mass. 2004). “47 C.F.R. § 69.153 . IXCs are permitted to pass this fee along to customers, id.”
Metro East Ctr. for Conditioning & Health v. Qwest Commc'ns Int'l, Inc., 182 F. Supp. 2d 726 (S.D. Ill. 2002). “Introduction On June 18, 2001, Metro East Center for Conditioning and Health filed suit against Qwest Communications, alleging that Qwest has been charging it a presub-scribed inter exchange carrier charge (“PICC”) in violation of a Federal Communications Commission regulation,…”
— 47 C.F.R. § 69.153(a) — 2 cases
BCN Telecom, Inc. v. State Tax Assessor, 2016 ME 165 (Me. 2016). “See 47 C.F.R. § 69.153 (b) (2014). 5 [¶6] BCN limited the charges that it imposed to an amount not exceeding the maximum PICC authorized for a local exchange carrier to charge an IXC by federal regulation.”
BCN Telecom, Inc. v. Assessor, 151 A.3d 497 (Me. 2016). “See 47 C.F.R. § 69.153 (2014). 5 Thus, IXCs like BCN pay PICCs to local exchange carriers, whether they are incumbent local exchange carriers (ILECs), which own the actual infrastructure of local loops, or CLECs, which compete with ILECs in providing local services.”
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