8 "financial and administrative service." In the Matter of Detariffing of Billing & Collection Servs., 102 FCC2d at 1168. Therefore, the FCC would not regulate B & C services under Title II of the Communications Act. Id. at 1169. In reliance upon the 1986 Detariffing Order, the IRS ruled in Tech. Adv. Mem. 91-11-001 (Apr. 23, 1989) (the TAM), that B & C services were not "communication services" for purposes of section 501(c)(12)(B). The issue in the TAM was whether an exempt telephone cooperative's revenues, including B & C revenues, should be treated as member income, nonmember income, or excludable income under section 501(c)(12)(B). Id. The TAM chronicled the treatment B & C services had received from the FCC since the divestiture of AT&T in 1984. At first, the FCC regulated the rate of return for B & C services that local cooperatives offered to long-distance carriers. However, in a 1985 Detariffing Notice, the FCC tentatively concluded that third-party billing and collection was "essentially a financial and administrative service," not "inherently a communications service" and accordingly proposed to "detariff" billing and collection provided to third parties. * * * Id. In 1986, the FCC cemented its conclusion of 1985 and determined that B & C services were not "inherently a communications service" under Title II of the Communications Act. Id. The FCC also required separate accounts for B & C revenues. Id.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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