[Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)]
[Rules and Regulations]
[Pages 52865-52866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25144]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 43 and 61
[CC Docket No. 93-36; FCC 95-399]
Tariff Filing Requirements for Nondominant Carriers
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: By this action, the Commission reinstates those tariff filing
requirements adopted in the Nondominant Filing Order that were not
addressed in the Court of Appeals' decision vacating that Order. In
accordance with the court's decision, the Commission amends its rules
to remove the provision that had permitted domestic, nondominant common
carriers to file tariffs containing rates expressed in a manner of the
carrier's choosing, including as a reasonable range of rates. The
Commission also denies a petition for partial reconsideration of the
Nondominant Filing Order and dismisses an application for stay of a
portion of that Order as moot. Finally, by this action, the Commission
amends its rules to delete references to the Commission's forbearance
policy that are inconsistent with earlier court decisions vacating that
policy and to implement changes to the Nondominant Filing Order, which
were erroneously omitted from the Code of Federal Regulations.
EFFECTIVE DATE: March 11, 1996.
FOR FURTHER INFORMATION CONTACT:
Katherine Schroder, (202) 418-1530.
SUPPLEMENTARY INFORMATION: In 1993 the Commission adopted streamlined
tariff filing requirements for domestic, nondominant common carriers in
the Nondominant Filing Order, 58 FR 44457, August 23, 1993. On January
20, 1995, the United States Court of Appeals for the District of
Columbia Circuit vacated the Commission's Nondominant Filing Order. The
court concluded that the Commission's rule permitting domestic
nondominant carriers to file tariffs containing rates expressed in any
manner of the carrier's choosing, including as a reasonable range of
rates violates the Communications Act of 1934. The Commission now
interprets the court's decision as invalidating only the range of rates
provisions adopted in the Nondominant Filing Order, and reinstates the
other tariff filing rules for domestic, nondominant common carriers
adopted in that Order.
The Commission denies a petition filed by Ad Hoc Telecommunications
Users Committee seeking reconsideration of the one-day notice period
established in the Nondominant Filing Order. The Commission dismisses
as moot an application for stay, filed by AT&T Communications, pending
appellate review of that portion of the Order that authorized domestic,
nondominant common carriers to file ranges of rates in their tariffs.
In light of the court's ruling on ranges of rates, the Commission
dismisses as moot the application for stay. Because no further purpose
would be served by keeping CC Docket No. 93-36 open, the Commission
terminates this proceeding.
The Commission also amends Section 43.51(a) to incorporate changes
to the rule made by an erratum to the Nondominant Filing Order, which
were not reflected in the Code of Federal Regulations. Finally, the
Commission takes this opportunity to delete references to forbearance
in Section 43.51(b), thereby conforming that section with earlier court
decisions invalidating the Commission's forbearance policy.
The full text of this item is available for inspection and copying
during normal business hours in the FCC Reference Center (Room 239) of
the Federal Communications Commission, 1919 M Street, NW., Washington,
DC 20554. The complete text of this decision may also be purchased from
the Commission's duplicating contractor, International Transcription
Service, Inc., 2100 M Street, NW., Suite 140, Washington, DC 20037,
(202) 857-3800.
Paperwork Reduction Act
Public burden for the collections of information is estimated to
average 10.5 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and
[[Page 52866]]
completing and reviewing the collections of information. Send comments
regarding this burden estimate or any other aspect of the collection of
information, including suggestion for reducing the burden, to the
Federal Communications Commission, Records Management Branch, Paperwork
Reduction Project (3060-0540), Washington, DC 20554 and to the Office
of Management and Budget, Paperwork Reduction Project (3060-0540),
Washington, DC 20503.
List of Subjects
47 CFR Part 43
Communications common carriers, Reporting and recordkeeping
requirements, Telephone.
47 CFR Part 61
Communications common carriers, Reporting and recordkeeping
requirements, Telephone.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
Rule Changes
Parts 43 and 61 of Title 47 of the Code of Federal Regulations are
amended as follows:
PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN
AFFILIATES
1. The authority citation for Part 43 continues to read as follows:
Authority: Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154,
unless otherwise noted. Interpret or apply secs. 211, 219, 220, 48
Stat. 1073, 1077, as amended; 47 U.S.C. 211, 219, 220.
2. Section 43.51 is amended by revising paragraph (a) introductory
text and paragraph (b) to read as follows:
Sec. 43.51 Contracts and concessions.
(a) Any communications common carrier that: is engaged in domestic
communications and has not been classified as nondominant pursuant to
Sec. 61.3 of this chapter or is engaged in foreign communications, and
enters into a contract with another carrier, including an operating
agreement with a communications entity in a foreign point for the
provision of a common carrier service between the United States and
that point; must file with the Commission, within thirty (30) days of
execution, a copy of each contract, agreement, concession, license,
authorization, operating agreement or other arrangement to which it is
a party and amendments thereto with respect to the following:
* * * * *
(b) If the agreement referred to in this section is made other than
in writing, a certified statement covering all details thereof must be
filed by at least one of the parties to the agreement. Each other party
to the agreement which is also subject to these provisions may, in lieu
of also filing a copy of the agreement, file a certified statement
referencing the filed document. The Commission may, at any time and
upon reasonable request, require any communication common carrier
classified as nondominant, and therefore not subject to the provisions
of this section, to submit the documents referenced in this section.
* * * * *
PART 61--TARIFFS
3. The authority citation for Part 61 continues to read as follows:
Authority: Secs. 1, 4(i), 4(j), 201-205, and 403 of the
Communications Act of 1934, as amended; 47 U.S.C. 151, 154(i),
154(j), 201-205, and 403, unless otherwise noted.
Sec. 61.22 [Amended]
4. Section 61.22(b) is amended by removing the second sentence.
[FR Doc. 95-25144 Filed 10-10-95; 8:45 am]
BILLING CODE 6712-01-M
