Chapter 09. Intrastate Switched Access and Pay Phone Dial Around Surcharge Rates
Regulation .01 Scope.LinkCopy Citation
This chapter applies to a local exchange or interexchange telephone company operating within Maryland.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Dial around” means a method used by a pay phone user to purposely bypass a pay phone company's local exchange or interexchange telephone company services.
(2)
“Effective rate per switched access minute of use” means a rate that results from dividing the total revenue billed over a specific period of time for all rate elements contained in the intrastate switched access tariff of a facilities-based carrier by the total switched access minutes of use recorded by that carrier for the same time period.
(3)
“Facilities-based carrier” means a local exchange telephone company owning or leasing facilities that consists of switching and transmission equipment used to carry voice or data traffic within Maryland.
(4)
“Intrastate” means services, traffic, or facilities that originate and terminate within Maryland.
(5)
Local Exchange Telephone Company.
(a)
“Local exchange telephone company” means a public service company that:
(i)
Owns telephone lines to receive, transmit, or communicate voice or data traffic within Maryland; or
(ii)
Leases, licenses, or sells telephone lines to receive, transmit, or communicate voice or data traffic within Maryland.
(b)
“Local exchange telephone company” does not include a public service company that provides service only between telephone exchange areas.
(6)
“Interexchange telephone company” means a public service company that receives, transmits, or communicates voice or data traffic between telephone exchange areas within Maryland.
(7)
“Switched access service” means the service provided by a local exchange telephone company to an interexchange telephone company to originate and terminate in-State long distance calls.
Regulation .03 Intrastate Switch Access Rates.LinkCopy Citation
A.
The provisions of this regulation are subject to the requirements of federal law.
B.
A local exchange company’s intrastate originating switched access rates may not exceed its interstate originating access rates, as authorized by the Federal Communications Commission. In mirroring its interstate originating access rates, a local exchange company shall:
(1)
Eliminate or zero-rate any intrastate rate element that does not exist in the interstate jurisdiction;
(2)
Decrease any intrastate rate element that is higher than its corresponding interstate rate element to equal the interstate rate; and
(3)
Increase any intrastate rate element that is lower than its corresponding interstate rate element to equal the interstate rate.
C.
Notwithstanding §B of this regulation, a local exchange company’s intrastate per-query rate for use of an 8YY database may not exceed the rate of the incumbent local exchange telephone company having the largest number of access lines in Maryland.
Regulation .04 Pay Phone Dial Around Surcharge Rates.LinkCopy Citation
The per-call rate at which an interexchange telephone company subject to this chapter may offer pay phone dial around services to its customers is capped at 50 cents.
Regulation .05 Waivers.LinkCopy Citation
A.
A local exchange or interexchange telephone company subject to this chapter may request a waiver of the provisions of this chapter by filing an application with the Commission under COMAR 20.07.04, including supporting cost data.
B.
The Commission may waive the provisions of this chapter, if it finds the rate proposed in the application filed under §A of this regulation is just and reasonable.
Regulation .06 Fee Waiver.LinkCopy Citation
The Commission shall waive the filing fee assessed under COMAR 20.07.05.03A(14) for local exchange or interexchange telephone companies filing revised rates under Regulation .04 or .05 of this chapter.
Regulation .07 Penalty for Failure to Comply.LinkCopy Citation
Failure to comply with the provisions of this chapter may result in the imposition of a civil penalty or other sanctions under Public Utilities Article, Annotated Code of Maryland.
Chapter annotations
Authority: Public Utilities Article, §§2-113, 2-121, 4-201—4-203, and 4-301, Annotated Code of Maryland
History: Effective date: January 6, 2005 (31:26 Md. R. 1865)
History: Regulation .03 amended effective April 6, 2020 (47:7 Md. R. 384)
History: Regulation .04 amended effective April 11, 2005 (32:7 Md. R.684)