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FCC RIN: 3060-AJ06 Publication ID: Fall 2022 
Title: Jurisdictional Separations 
Abstract:

Jurisdictional separations is the process, pursuant to part 36 of the Commission's rules, by which incumbent local exchange carriers apportion regulated costs between the intrastate and interstate jurisdictions. In 1997, the Commission initiated a proceeding seeking comment on the extent to which legislative changes, technological changes, and marketplace changes warrant comprehensive reform of the separations process. In 2001, the Commission adopted the Federal-State Joint Board on Jurisdictional Separations' Joint Board's recommendation to impose an interim freeze on the part 36 category relationships and jurisdictional cost allocation factors for a period of 5 years, pending comprehensive reform of the part 36 separations rules. In 2006, the Commission issued an Order and Further Notice of Proposed Rulemaking that extended the separations freeze for a period of 3 years and sought comment on comprehensive reform. In 2009, the Commission issued a Report and Order extending the separations freeze an additional year to June 2010. In 2010, the Commission issued a Report and Order extending the separations freeze for an additional year to June 2011. In 2011, the Commission adopted a Report and Order extending the separations freeze for an additional year to June 2012. In 2012, the Commission issued a Report and Order extending the separations freeze for an additional 2 years to June 2014. In 2014, the Commission issued a Report and Order extending the separations freeze for an additional 3 years to June 2017.

In 2016, the Commission issued a Report and Order extending the separations freeze for an additional 18 months until January 1, 2018. In 2017, the Joint Board issued a Recommended Decision recommending changes to the part 36 rules designed to harmonize them with the Commission's previous amendments to its part 32 accounting rules. In February 2018, the Commission issued a Notice of Proposed Rulemaking proposing amendments to part 36 consistent with the Joint Board's recommendations. In October 2018, the Commission issued a Report and Order adopting each of the Joint Board’s recommendations and amending the Part 36 consistent with those recommendations. In July 2018, the Commission issued a Notice of Proposed Rulemaking proposing to extend the separations freeze for an additional 15 years and to provide rate-of-return carriers that had elected to freeze their category relationships a time limited opportunity to opt out of that freeze. In December 2018, the Commission issued a Report and Order extending the freeze for up to 6 years until December 31, 2024, and granting rate-of-return carriers that had elected to freeze their category relationships a one-time opportunity to opt out of that freeze.

On March 31, 2020, the United States Court of Appeals for the District of Columbia Circuit affirmed the Commission’s December 2018 Report and Order.

 
Agency: Federal Communications Commission(FCC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 47 CFR 36   
Legal Authority: 47 U.S.C. 151    47 U.S.C. 154(i) and 154(j)    47 U.S.C. 205    47 U.S.C. 221(c)    47 U.S.C. 254    47 U.S.C. 403    47 U.S.C. 410   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/05/1997  62 FR 59842   
NPRM Comment Period End  12/10/1997    
Order  06/21/2001  66 FR 33202   
Order and FNPRM  05/26/2006  71 FR 29882   
Order and FNPRM Comment Period End  08/22/2006    
R&O  05/15/2009  74 FR 23955   
R&O  05/25/2010  75 FR 30301   
R&O  05/27/2011  76 FR 30840   
R&O  05/23/2012  77 FR 30410   
R&O  06/13/2014  79 FR 36232   
R&O  06/02/2017  82 FR 25535   
Recommended Decision  10/27/2017 
NPRM  03/13/2018  83 FR 10817   
NPRM Comment Period End  04/27/2018 
NPRM   07/27/2018  83 FR 35589   
NPRM Comment Period End  09/10/2018 
R&O  12/11/2018  83 FR 63581   
R&O  02/15/2019  84 FR 4351   
Announcement of OMB Approval  03/01/2019  84 FR 6977   
Next Action Undetermined  To Be Determined 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses 
Included in the Regulatory Plan: No 
RIN Information URL: http://www.fcc.gov/encyclopedia/jurisdictional-separations  
RIN Data Printed in the FR: Yes 
Agency Contact:
William A. Kehoe III
Senior Counsel, Policy & Program Planning Division
Federal Communications Commission
Room 257, Wireline Competition Bureau, 45 L Street NE,
Washington, DC 20554
Phone:202 418-7122
Email: william.kehoe@fcc.gov