PART 43-REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN AFFILIATES

NOTE: Amendments to Annual Report Forms M, O, and R, Monthly Report 901 for telephone companies, Schedules 408A and 408B appear at 34 FR 19196, Dec. 4, 1969; 39 FR 29919, Aug. 19, 1974; 41 FR 15699, Apr. 14, 1976; 41 FR 24886, June 21, 1976; 43 FR 16738, Apr. 20, 1978.

Sec.

43.01

43.21

Applicability.

Annual reports of carriers and certain affiliates.

43.31 Monthly reports of communication common carriers.

43.42 Reports on pensions and benefits. 43.43 Reports of proposed changes in depreciation rates.

43.51 Contracts and concessions. 43.52 Reports of negotiations regarding foreign communication matters. 43.53 Reports regarding division of international telegraph communication charges.

43.54 Reports regarding services performed by telegraph carriers.

43.61 Reports of overseas telecommunications traffic.

43.71 Reports of public coast station operators.

43.72 Reports of operators in the Multipoint Distribution Service.

43.74 Service rendered free or at reduced rates pursuant to section 396(h) of the Act; reports relative thereto.

AUTHORITY: Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154, unless otherwise noted. Interpret or apply secs. 211, 219, 48 Stat. 1073, 1077, as amended; 47 U.S.C. 211, =219, 220.

SOURCE: 28 FR 13214, Dec. 5, 1963, unless otherwise noted.

§ 43.01 Applicability.

(a) The sections in this part include requirements which have been promulgated under authority of sections 211 and 219 of the Communications Act of 1934, as amended, with respect to the filing by communication common carriers and certain of their affiliates of periodic reports and certain other data, but do not include certain requirements relating to the filing of information with respect to specific services, accounting systems and other matters incorporated in other parts of this chapter.

(b) Carriers becoming subject to the provisions of the several sections of this part for the first time, should, within thirty (30) days of becoming subject, file the required data as set forth in the various sections of the part.

§ 43.21 Annual reports of carriers and certain affiliates.

(a) Communication common carriers having annual operating revenues in excess of $1 million, licensees in the Domestic Public Land Mobile Radio Service, Licensees in the Domestic Public Point-to-Point Microwave Radio Service who are miscellaneous common carriers as defined by § 21.1 of this chapter, communication common carriers operating to overseas points or in the Maritime radio services and having annual operating revenues in excess of $50,000, and certain companies (as indicated in paragraph (c) of this section) directly or indirectly controlling such carriers shall file with the Commission annual reports as provided in this section. Except as provided in paragraph (c) of this section, each annual report required by this section shall be filed not later than March 31 of each year, covering the preceding calendar year. It shall be filed on the appropriate report form prescribed by the Commission (see § 1.785 of this chapter) and shall contain full and specific answers to all questions propounded and information requested in the currently effective report forms. The number of copies to be filed shall be as specified in the applicable report form. At least one copy of the report shall be signed on the signature page by the responsible accounting officer. A copy of each annual report shall be retained in the principal office of the respondent and shall be filed in such manner as to be readily available for reference and inspection.

(b) Each communication common carrier that has separate departments or divisions for the conduct of its common carrier operations and its noncarrier activities, shall file with the Commission a supplemental annual report with respect to its common carrier operations, exclusively, and a supplemental annual report

applicable only to its non-carrier operations. Each such report shall be prepared on the basis of the accounting performed for the respective departments prior to elimination of intracompany items and shall be accompanied by a statement of consolidation and eliminations or other explanation showing how the consolidated report submitted in compliance with paragraph (a) of this section was developed. Each such supplemental report shall be completed in its entirety wherever applicable to the respective departments, except that any schedule or statement that would be an exact duplicate of the corresponding schedule or statement in the consolidated report may be omitted from the supplemental report if proper annotation is made.

(c) Each company, not of itself a communication common carrier, that directly or indirectly controls any communication common carrier having annual revenues in excess of $2,500,000 shall file annually with the Commission, not later than the date prescribed by the Securities and Exchange Commission for its purposes, two complete copies of the annual report Form 10-K (or any superseding form) filed with that Commission: Provided, however, That if no such report is filed with the Securities and Exchange Commission, such company shall file annual reports on the applicable report forms prescribed by this Commission.

[28 FR 13214, Dec. 5, 1963, as amended at 34 FR 12137, July 19, 1969]

§ 43.31 Monthly reports of communication common carriers.

(a) Each telephone common carrier which had operating revenues for the preceding year in excess of $1 million, and each ocean cable, radiotelegraph, and wire-telegraph common carrier which had operating revenues for the preceding year in excess of $250,000 shall file with the Commission, within forty (40) days after the end of each calendar month, a certified report on computer media as prescribed by the Commission,

(b) Companies controlling two or more telephone communications common carrier subsidiaries both or

all of which are subject to the aforementioned reporting requirements (paragraph (a) of this section) shall file with the Commission within fifty (50) days after the end of each calender month two certified copies of a consolidated system report for that month on forms prescribed (or approved) by the Commission.

(c) A copy of each such report (i.e., a printout from the computed media) shall be retained in the principal office of the carrier and shall be filed in such manner as to be readily available for public reference and inspection. The monthly reports shall contain all the information called for therein as prescribed by the Commission.

[39 FR 31904, Sept. 3, 1974, as amended at 41 FR 29394, July 16, 1976]

§ 43.42 Reports on pensions and benefits.

(a) Each communication common carrier which had operating revenues for the preceding year in excess of $1,000,000 shall, within thirty (30) days after the adoption of a plan (or within thirty (30) days of first becoming subject to this section, if such a carrier has adopted a plan), furnish the Commission with the following information (see, however, § 43.01):

(1) A copy of the text (or if a text does not exist, a comprehensive outline) of each plan adopted by the respondent (or to which the respondent is a party) covering pensions or annuities, sick benefits, disability benefits, death benefits, termination allowances, life insurance, or any other benefit paid or payable, other than those required by law and other than those (excluding pensions and annuities) contracted for with a nonaffiliated insurance company, to active, retired, or former employees or to their representatives or beneficiaries, the cost of which is borne in whole or in part by the respondent, together with the effective date thereof;

(2) The facts, if any, that, in the respondent's judgment, establish a contractual relationship requiring the payment of any pensions or benefits under any plan reportable under this section;

(3) A copy of each declaration of trust or other arrangement under

which any pension or benefit fund has been established;

(4) A statement explaining in detail the actuarial or other basis for determining the amounts to be paid into a trust or other similar fund that has been established to provide for future pension or benefit payments;

(5) The plan of accounting for each type of pension and benefit paid or to be paid for which provision has been made or is being made in the accounts.

(b) In the event of a change (including abolishment) in any item specified in paragraph (a) of this section, the carrier shall, within thirty (30) days after the date of adoption of such change, file with the Commission a supplemental statement with respect to the change: Provided, however, That, in the event a change is proposed, or has been made, with respect to pensions accounted for on the accrual basis (except those covered by contracts with insurance companies) that will involve or produce changes in the amounts periodically entering any account for any reason other than a change in the amount of a payroll, a supplemental statement covering the proposed changes and indicating the estimated effect upon the accounts shall unless otherwise directed or approved by the Commission, be filed at least thirty (30) days prior to the last day of the month in which the effect of the changes are first to be reflected in the accounts.

(c) Nothing in this section shall be construed as in any way modifying the requirements of any uniform system of accounts prescribed by the Commission.

[28 FR 13214, Dec. 5, 1963, as amended at 33 FR 17687, Nov. 27, 1968]

§ 43.43 Reports of proposed changes in depreciation rates.

(a) Each communication common carrier which had operating revenues for the preceding year in excess of $1,000,000 shall, before making any change in the depreciation rates applicable to its operated plant, file with the Commission a report furnishing the data described in the subsequent paragraphs of this section, and also comply with the other requirements thereof.

(b) Each such report shall contain the following:

(1) A schedule showing for each class and subclass of plant (whether or not the depreciation rate is proposed to be changed) an appropriate designation therefor, the depreciation rate currently in effect, the proposed rate, and the service-life and net-salvage estimates underlying both the current and proposed depreciation rates;

(2) An additional schedule showing for each class and subclass, as well as the totals for all depreciable plant, (i) the book cost of plant at the most recent date available, (ii) the estimated amount of depreciation accruals determined by applying the currently effective rate to the amount of such book cost, (iii) the estimated amount of depreciation accruals determined by applying the rate proposed to be used to the amount of such book cost, and (iv) the difference between the amounts determined in paragraphs (b)(2) (ii) and (iii) of this section;

(3) A statement giving the reasons for the proposed change in each rate; (4) A statement describing the method or methods employed in the development of the service-life and salvage estimates underlying each proposed change in a depreciation rate; and

(5) The date as of which the revised rates are proposed to be made effective in the accounts.

(c) When the change in the depreciation rate proposed for any class or subclass of plant (other than one occasioned solely by a shift in the relative investment in the several subclasses of the class of plant) amounts to twenty percent (20%) or more of the rate currently applied thereto, or when the proposed change will produce an increase or decrease of one percent (1%) or more of the aggregate depreciation charges for all depreciable plant (based on the amounts determined in compliance with paragraph (b)(2) of this section), the data required by paragraph (b) of this section shall be supplemented by copies of the underlying studies, including calculations and charts, developed by the carrier to support service-life and net-salvage estimates: Provided, however, That if compliance with this requirement in

40-135 0-80-37

volves submittal of a large volume of data of a repetitive nature, only a fully illustrative portion thereof need be filed.

(d) Each report shall be filed in duplicate and the original shall be signed by the responsible official to whom correspondence related thereto should be addressed.

(e) Unless otherwise directed or approved by the Commission, the following shall be observed: Proposed changes in depreciation rates shall be filed at least ninety (90) days prior to the last day of the month with respect to which the revised rates are first to be applied in the accounts (e.g., if the new rates are to be first applied in the depreciation accounts for September, they must be filed on or before July 1); and such rates may be made retroactive to a date not prior to the beginning of the year in which the filing is made: Provided, however, That in no event shall a carrier for which the Commission has prescribed depreciation rates make any changes in such rates unless the changes are prescribed by the Commission.

(f) Any changes in depreciation rates that are made under the provisions of paragraph (e) of this section shall not be construed as having been approved by the Commission unless the carrier has been specifically so informed.

[28 FR 13214, Dec. 5, 1963, as amended as 30 FR 3223, Mar. 9, 1965]

§ 43.51 Contracts and concessions.

(a) Each communication common carrier shall file with the Commission, within thirty (30) days of execution (or within 30 days of a carrier first becoming subject to the provisions of this section), a copy of each contract, agreement, concession, license, authorization, or other arrangement to which it is a party with respect to communication traffic affected by the Communications Act of 1934, as amended, relating to the following:

(1) The exchange of services between such carrier and any carrier not subject to the act;

(2) Except as provided in paragraph (e) of this section, the interchange or routing of traffic and matters concerning rates, division of tolls, or the basis of settlement of traffic balances; or

(3) Rights granted to the carrier by any foreign government for the landing, connection, installation, or operation of cables, land lines, radio stations, offices, or for otherwise engaging in communication operations.

(b) Except as provided in paragraph (e) of this section, a copy of each modification, amendment, or cancellation of any instrument required to be filed under the provisions of paragraph (a) of this section shall likewise be filed within thirty (30) days after execution.

or

(c) Except as provided in paragraph (e) of this section, if any contract, agreement, concession, license, author. ization, or other arrangement, change therein, as contemplated in paragraphs (a) and (b) of this section, is made other than in writing, a certified statement covering all details thereof shall be filed within thirty (30) days from the date it is made.

(d) Except as provided in paragraph (e) of this section, upon the filing of any item required by paragraphs (a) to (c) of this section by one of two or more carriers subject to these provisiors, each other party to the agreement may, in lieu of also filing a copy thereof, file a certified statement appropriately identifying the document and concurring in the contents thereof, as filed.

(e) With respect to contracts coming within the scope of paragraph (a)(2) of this section between subject telephone carriers and connecting carriers, except for those which relate to communications with foreign or overseas points, such contracts shall not be filed with the Commission; but each subject telephone carrier shall maintain a copy of such contracts to which it is a party in appropriate files at a central location upon its premises, copies of which contracts shall be readily accessible to Commission staff and members of the public upon reasonable request therefor; and upon request by the Commission, a subject telephone carrier shall promptly forward individual contracts to the Commission.

[35 FR 17412, Nov. 13, 1970]

§ 43.52 Reports of negotiations regarding foreign communication matters.

Not later than the tenth day of each month, each communication common carrier engaging in or participa ing directly in foreign telegraph or telephone traffic affected by the Communications Act of 1934, as amended, shall file with the Commission a single copy of a report covering all negotiations, written or oral, initiated or conducted during the preceding calendar month with any foreign administration, agency, or carrier for (a) the establishment of a direct or indirect circuit between the United States and any foreign or overseas point, other than temporary arrangements for emergency routing of traffic, (b) any new foreign traffic contract, agreement, concession, license, or authorization, or (c) any change or modification in any such existing arrangement. The report shall be prepared in such manner as to show separately all data relating to each country. If no such negotiations have been initiated or conducted during the preceding month the report shall so state: Provided, however, That any carrier whose only foreign communication consists of traffic to and from Canada or Mexico need not file a report for any month in which no negotiations have taken place. Each report shall be certified as true and correct to the best of the knowledge and belief of a responsible official of the carrier.

§ 43.53 Reports regarding division of international telegraph communication charges.

(a) Each communication common carrier engaged directly in the transmission or reception of telegraph communications between the continental United States and any foreign country (other than one to which the domestic word-count applies) shall file a report with the Commission within thirty (30) days of the date of any arrangement concerning the division of the total telegraph charges on such communications other than transiting. A carrier first becoming subject to the provisions of this section shall, within thirty (30) days thereafter, file with the Commission a report covering any such existing arrangements. A sepa

rate page of the report shall be devoted to inbound and a separate page to outbound communications with respect to each normal route to each country of origin or destination.

(b) In the event that any change is made which affects data previously filed, a revised page incorporating such change or changes shall be filed with the Commission not later than thirty (30) days from the date the change is made: Provided, however, That any change in the amount of foreign participation in charges for outbound communications or in the respondent's participation in charges for inbound communications, shall be filed not later than thirty (30) days from the date the change is agreed upon.

(c) A single copy of each such report shall be filed on forms similar to those adopted by the Commission and in compliance with the instructions thereto. Sample forms will be furnished upon request.

§ 43.54 Reports regarding services performed by telegraph carriers.

(a) Each common carrier primarily engaged in furnishing telegraph service upon commencing the performance of, or the participation in, any new type of transmission or nontransmission service that is not covered by a tariff filed with the Commission, or that discontinues entirely any such existing service, shall, within thirty (30) days thereafter, file with the Commission a single copy of a report giving a description and full particulars thereof. A carrier first becoming subject to the provisions of this section shall, within thirty (30) days thereafter, file with the Commission a single copy of a report giving a description of existing services not covered by tariff filings. Each such report shall be certified as true and correct to the best knowledge and belief of a responsible official of the carrier.

(b) Among the services which may be covered by this section are the following: Communication service wholly within or between foreign countries; the leasing of wires to other communication carriers; errand service by messenger; time service; burglar alarm service; pick-up and delivery for other