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TITLE 16ECONOMIC REGULATION
PART 2PUBLIC UTILITY COMMISSION OF TEXAS
CHAPTER 26SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
SUBCHAPTER JCOSTS, RATES AND TARIFFS
RULE §26.215Long Run Incremental Cost Methodology for Dominant Certificated Telecommunications Utility (DCTU) Services

      (iv) the duration of a call.

    (G) Cost drivers for operator services. The LRIC for this BNF must systematically account for variations in costs caused by variations in the type of operator services calls.

(g) LRIC studies for tariffed services. The DCTU must perform a LRIC study for each tariffed service, except those services for which a waiver has been granted under the workplan approved by the commission. Each LRIC study for a tariffed service must be calculated as the sum of the costs caused by that service's use of BNFs and any other service specific costs associated with functions not identified as separate BNFs, such as expenses of billing, service specific advertising and marketing, and service specific taxes. Each LRIC study for a tariffed service must be consistent with the principles described in subsection (d) of this section. Additionally, the company must use the following instructions in determining the LRIC for individual tariffed services:

  (1) Mapping of BNFs and costs to tariffed services. The LRIC study must identify the BNFs that are used in the provision of the tariffed service; the long run incremental costs for the tariffed service must include the costs associated with this usage. The costs associated with the service's use of a BNF must be calculated as the product of the unit cost for the BNF (as determined under subsection (f)(8) of this section) and the demand of the service for that BNF.

  (2) Identification of other costs. The LRIC study for an individual tariffed service must include all service specific costs (e.g., expenses of billing, marketing, customer service or service specific taxes) related to the provision of the service that are not included in the costs for the BNFs.

  (3) Exclusion of common costs. The LRIC study for an individual tariffed service must exclude any costs that are common costs (as defined in subsection (c)(5) of this section). Specifically, the individual LRIC studies for residential and business basic local exchange service, as these services are tariffed on the effective date of this section, must exclude any volume insensitive costs associated with the use of the network access channel basic level (as defined in subsection (e)(1)(A) of this section) and network access channel connection basic level (as defined in subsection (e)(2)(A) of this section).

  (4) Relevant increment of output. For the purposes of this subsection, the relevant increment of output, as that term is used in the definition of LRIC in §26.5 of this title (relating to Definitions), must be the level of output necessary to satisfy current demand levels for the service. Adjustments to total service output may be made to reflect the presence of new services for which demand levels can demonstrably be anticipated to increase significantly over the course of six months.

  (5) Relating expenses to services. The company must avoid the use of embedded cost data and must determine expenses consistent with the principles of long run incremental costing.

    (A) Common expenses. Common expenses that are not directly attributable, using the cost causation principle, to the service must be excluded.

    (B) Nonrecurring expenses. The expenses of nonrecurring activities must be separately identified.

    (C) Taxes. Any tax expenses not directly attributable, using the cost causation principle, must be excluded from the LRIC study for individual services.

  (6) Least cost technology. LRIC studies must assume the use of least cost technology. The choice of least cost technologies, however, must:

    (A) be restricted to technologies that are currently available on the market and for which vendor prices can be obtained;

    (B) be consistent with the level of output necessary to satisfy current demand levels for all services using the BNF in question; and

    (C) be consistent with overall network design and topology requirements.

  (7) Network topology. LRIC studies must use the existing or planned network topology.

  (8) Cost of money. When the company uses the most recent commission approved rate of return for the company, determined either in a rate proceeding as described in §26.201(d)(1) of this title (relating to Cost of Service) or a commission arbitration proceeding, there will be a rebuttable presumption of its reasonableness. The company may use any other forward-looking rate, but must justify its use. The DCTU is not required to update its filing only to reflect the most recently approved cost of money.

  (9) Rate of depreciation. When the company uses the most recent commission approved rate of depreciation for the company there will be a presumption of reasonableness. The company must justify the use of any other rate.

(h) Identification of BNFs and groups of services that share significant common costs and calculation of such common costs. The company must identify all instances in which BNFs and groups of services share significant common costs and calculate such common costs.

  (1) Costs common to BNFs. The company must identify and calculate for each subcategory of BNFs and category of BNFs significant costs that are common to BNFs (as defined in subsection (c)(5)(B) of this section). Costs common to BNFs must only be identified and calculated at the level of subcategories of BNFs and/or categories of BNFs.

  (2) Costs common to groups of services. The company must identify and calculate all significant common costs and the groups of services that share those common costs (as defined in subsection (c)(5)(C) of this section). The calculation of common costs required under paragraphs (1) - (2) of this subsection must be consistent with the principles described in subsection (d) of this section and the instructions listed below.

  (3) Relevant increment of output. When common costs are computed for BNFs or services, the relevant increment of output, as that term is used in the definition of LRIC in §26.5 of this title (relating to Definitions), must be the level of output necessary to satisfy current demand levels for the BNFs or the services. Adjustments to total service output may be made to reflect the presence of new services for which demand levels can demonstrably be anticipated to increase significantly over the course of six months.

  (4) Expenses. The company must avoid the use of embedded cost data and must determine expenses consistent with the principles of long run incremental costing.

    (A) Nonrecurring expenses. The expenses of nonrecurring activities must be separately identified.

    (B) Taxes. Any tax expenses not directly attributable, using the cost causation principle, must be excluded from the cost studies for common costs.

  (5) Least cost technology. The studies must assume the use of least cost technology. The choice of least cost technologies, however, must:

    (A) be restricted to technologies that are currently available on the market and for which vendor prices can be obtained;

    (B) be consistent with the level of output necessary to satisfy current demand levels for the BNFs or services in question; and

    (C) be consistent with overall network design and topology requirements.

  (6) Network topology. Cost studies must use the existing or planned network topology.

  (7) Cost of money. When the company uses the most recent commission approved rate of return for the company, determined either in a rate proceeding as described in §26.201(d)(1) of this title (relating to Cost of Service) or a commission arbitration proceeding, there will be a rebuttable presumption of its reasonableness. The company may use any other forward-looking rate, but must justify its use. The DCTU is not required to update its filing only to reflect the most recently approved cost of money.

  (8) Rate of depreciation. When the company uses the most recent commission approved rate of depreciation for the company there will be a presumption of reasonableness. The company must justify the use of any other rate.

(i) LRIC studies for groups of tariffed services that share significant common costs. The DCTU must perform a LRIC study for each group of services identified under subsection (h)(2) of this section. Each group LRIC must be calculated as the sum of the LRICs (as determined under subsection (g) of this section) for the services in the group and the common costs for those services (as identified under subsection (h)(2) of this section). Each LRIC study must be consistent with the principles described in subsection (d) of this section. Additionally, the company must use the following instructions in determining the LRIC for groups of services.

Cont'd...

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