Sec.  32.23   Nonregulated activities.

   (a) This section describes the accounting treatment of activities classified
   for  accounting  purposes  as “nonregulated.” Preemptively deregulated
   activities and activities (other than incidental activities) never subject
   to   regulation   will   be  classified  for  accounting  purposes  as
   “nonregulated.” Activities that qualify for incidental treatment under the
   policies of this Commission will be classified for accounting purposes as
   regulated activities. Activities that have been deregulated by a state will
   be classified for accounting purposes as regulated activities. Activities
   that have been deregulated at the interstate level, but not preemptively
   deregulated,  will  be classified for accounting purposes as regulated
   activities  until  such time as this Commission decides otherwise. The
   treatment of nonregulated activities shall differ depending on the extent of
   the common or joint use of assets and resources in the provision of both
   regulated and nonregulated products and services.

   (b) When a nonregulated activity does not involve the joint or common use of
   assets and resources in the provision of both regulated and nonregulated
   products and services, carriers shall account for these activities on a
   separate set of books consistent with instructions set forth in  Sec.  Sec. 32.1406
   and 32.7990. Transfers of assets, and sales of products and services between
   the regulated activity and a nonregulated activity for which a separate set
   of books is maintained, shall be accounted for in accordance with the rules
   presented in  Sec. 32.27, Transactions with Affiliates. In the separate set of
   books, carriers may establish whatever detail they deem appropriate beyond
   what is necessary to provide this Commission with the information required
   in  Sec.  Sec. 32.1406 and 32.7990.

   (c) When a nonregulated activity does involve the joint or common use of
   assets and resources in the provision of regulated and nonregulated products
   and services, carriers shall account for these activities within accounts
   prescribed in this system for telephone company operations. Assets and
   expenses shall be subdivided in subsidiary records among amounts solely
   assignable  to  nonregulated  activities, amounts solely assignable to
   regulated activities, and amounts related to assets and expenses incurred
   jointly  or  in  common, which will be allocated between regulated and
   nonregulated activities. Carriers shall submit reports identifying regulated
   and nonregulated amounts in the manner and at the times prescribed by this
   Commission.  Nonregulated  revenue items not qualifying for incidental
   treatment as provided in  Sec. 32.4999(l) of this part, shall be recorded in
   separate  subsidiary  record  categories of Account 5280, Nonregulated
   operating revenue. Amounts assigned or allocated to regulated products or
   services shall be subject to part 36 of this chapter.

   [ 52 FR 6560 , Mar. 4, 1987, as amended at  53 FR 49322 , Dec. 7, 1988;  59 FR 46930 , Sept. 13, 1994;  64 FR 50007 , Sept. 15, 1999]