Sec.  43.21   Transactions with affiliates.

   (a) Communication common carriers having annual operating revenues in excess
   of  the indexed revenue threshold, as defined in  Sec. 32.9000, and certain
   companies  (as indicated in paragraph (b) of this section) directly or
   indirectly controlling such carriers shall file with the Commission annual
   reports or an annual letter as provided in this section. Except as provided
   in  paragraph (b) of this section, each annual report required by this
   section shall be filed no later than April 1 of each year, covering the
   preceding calendar year. It shall be filed on the appropriate report form
   prescribed by the Commission (see  Sec. 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 specified in the applicable report form. At least one copy
   of this report shall be signed on the signature page by the responsible
   accounting officer. A copy of each annual report shall be as retained in the
   principal office of the respondent and shall be filed in such manner to be
   readily available for reference and inspection.

   (b) Each company, not itself a communication common carrier, that directly
   or indirectly controls any communication common carrier that has annual
   operating revenues equal to or above the indexed revenue threshold, as
   defined in  Sec. 32.9000, 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 any annual report Forms 10–K (or any
   superseding form) filed with that Commission.

   (c) Each miscellaneous common carrier (as defined by  Sec. 21.2 of this chapter)
   with operating revenues for a calendar year in excess of the indexed revenue
   threshold, as defined in  Sec. 32.9000, shall file with the Common Carrier Bureau
   Chief a letter showing its operating revenues for that year and the value of
   its total communications plant at the end of that year. This letter must be
   filed no later than April 1 of the following year. Those miscellaneous
   common carriers with annual operating revenues that equal or surpass the
   indexed revenue threshold for the first time may file the letter up to one
   month after publication of the adjusted revenue threshold in the Federal
   Register, but in no event shall such carriers be required to file the letter
   prior to April 1.

   (d) Each communications common carrier required by order to file a manual
   allocating its costs between regulated and nonregulated operations shall
   file, on or before April 1:

   (1) A three-year forecast of regulated and nonregulated use of network plant
   for the current calendar year and the two calendar years following, and
   investment pool projections and allocations for the current calendar year;
   and

   (2) A report of the actual use of network plant investment for the prior
   calendar year.

   (e) Each incumbent local exchange carrier, except mid-sized incumbent local
   exchange carriers, as defined by  Sec. 32.9000 with annual operating revenues
   equal to or above the indexed revenue threshold shall file, no later than
   April 1 of each year:

   (1) Its revenues, expenses and investment for all accounts established in
   part 32 of this chapter, on an operating company basis,

   (2) The same part 32 of this chapter, on a study area basis, with data for
   regulated and nonregulated operations for those accounts which are related
   to the carrier's revenue requirement, and

   (3) The separations categories on a study area basis, with each category
   further divided into access elements and a nonaccess interstate category.

   (f) Each incumbent local exchange carrier with operating revenues for the
   preceding year that equal or exceed the indexed revenue threshold shall
   file, no later than April 1 of each year, a report showing for the previous
   calendar  year  its revenues, expenses, taxes, plant in service, other
   investment and depreciation reserves, and other such data as are required by
   the Commission, on computer media prescribed by the Commission. The total
   operating results shall be allocated between regulated and nonregulated
   operations,  and  the regulated data shall be further divided into the
   following categories: State and interstate, and the interstate will be
   further divided into common line, traffic sensitive access, special access,
   and nonaccess.

   (g) Each incumbent local exchange carrier for whom price cap regulation is
   mandatory and every incumbent local exchange carrier that elects to be
   covered by the price cap rules shall file, by April 1 of each year, a report
   designed to capture trends in service quality under price cap regulation.
   The  report shall contain data relative to network measures of service
   quality, as defined by the Wireline Competition Bureau, from the previous
   calendar year on a study area basis.

   (h) Each incumbent local exchange carrier for whom price cap regulation is
   mandatory shall file, by April 1 of each year, a report designed to capture
   trends in service quality under price cap regulation. The report shall
   contain data relative to customer measures of service quality, as defined by
   the Wireline Competition Bureau, from the previous calendar year a study
   area basis.

   (i) Each incumbent local exchange carrier for whom price regulation is
   mandatory shall file, by April 1 of each year, a report containing data from
   the  previous calendar year on a study area basis that are designed to
   capture trends in telephone industry infrastructure development under price
   cap regulation.

   (j) Each incumbent local exchange carrier with annual operating revenues
   that equal or exceed the indexed revenue threshold shall file, no later than
   April 1 of each year, a report containing data from the previous calendar
   year on an operating company basis. Such report shall combine statistical
   data designed to monitor network growth, usage, and reliability.

   (k) Each designated interstate carrier with operating revenues for the
   preceding year that equal or exceed the indexed revenue threshold shall
   file, no later than April 1 of each year, a report showing for the previous
   calendar  year  its revenues, expenses, taxes, plant in service, other
   investments and depreciation reserves, and such other data as are required
   by the Commission, on computer media prescribed by the Commission. The total
   operating results shall be allocated between regulated and nonregulated
   operations,  and  the regulated data shall be further divided into the
   following categories: State and interstate, and the interstate will be
   further divided into common line, traffic sensitive access, special access,
   and nonaccess.

   [ 28 FR 13214 , Dec. 5, 1963, as amended at  49 FR 10122 , Mar. 19, 1984;  50 FR 41153 , Oct. 9, 1985;  51 FR 37024 , Oct. 17, 1986;  52 FR 35918 , Sept. 24,
   1987;  58 FR 36143 , July 6, 1993;  61 FR 50245 , Sept. 25, 1996;  62 FR 39778 ,
   July 24, 1997;  67 FR 5700 , Feb. 6, 2002;  67 FR 13225 , Mar. 21, 2002]