[Federal Register Volume 64, Number 165 (Thursday, August 26, 1999)]
[Rules and Regulations]
[Pages 46584-46594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21721]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 61, 63 and 69
[CC Docket No. 98-131; FCC 99-173]
1998 Biennial Regulatory Review
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: Section 11 of the Communications Act of 1934, as amended
(Act), requires that the Commission, in every even-numbered year
beginning in 1998, review all regulations that apply to the operations
and activities of any provider of telecommunications service and
determine whether any of these regulations are no longer necessary in
the public interest as the result of meaningful economic competition
between providers of the service. As part of its 1998 biennial
regulatory review, the Commission revised part 61 to, among other
things, eliminate several rules that no longer seem to serve any useful
purpose, and to reorganize part 61 to clarify which rules apply to
which carriers.
DATES: Effective September 27, 1999.
FOR FURTHER INFORMATION CONTACT: Judy Nitsche, Chief, Tariff and
Pricing Analysis Branch, Competitive Pricing Division, Common Carrier
Bureau, (202) 418-1540.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order and First Order on Reconsideration, adopted July 13, 1999,
and released August 3, 1999. The full text of this Commission decision
is available for inspection and copying during normal business hours in
the FCC Reference Information Center, Room CY-A257, 445 12th St., S.W.,
Washington, D.C. 20554. The complete text of this decision may also be
purchased from the Commission's copy contractor, International
Transcription Service, 1231 20th St., N.W., Washington, D.C. 20036.
Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act (RFA), 5 U.S.C. 603,
as
[[Page 46585]]
amended by the Contract With America Advancement Act of 1996, Pub. L.
No. 104-121, 110 Stat. 847 (1996) (CWAAA), and the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), the Commission
incorporated an Initial Regulatory Flexibility Analysis (IRFA) in the
NPRM in this docket. The Commission sought written public comment on
the proposals in the Notice of Proposed Rulemaking (NPRM), 63 FR 49520
(September 16, 1998), including comment on the IRFA. The Commission has
prepared this Final Regulatory Flexibility Analysis (FRFA) of the
possible significant economic impact this order might have on small
entities, in conformance with the RFA.
Need for and Objectives of Rules
The Telecommunications Act of 1996 requires the Commission in every
even-numbered year beginning in 1998 to review all regulations that
apply to the operations or activities of any provider of
telecommunications service and to determine whether any such regulation
is no longer necessary in the public interest due to meaningful
economic competition. Our objective is to repeal any rules in 47 CFR 61
that are no longer necessary in the public interest, as required by
section 11 of the Communications Act of 1934, as amended.
Summary of Significant Issues Raised by the Public Comments to the IRFA
Only one party, NTCA, submitted comments directly in response to
the IRFA. NTCA claims that the definition of ``small business'' in the
Commission's IRFA does not comply with the RFA.1 NTCA claims
further that the Commission's IRFA resulted in inadequate consideration
of whether the tariffs of small incumbent LECs should be subject to a
different minimum effective period than the tariffs of large incumbent
LECs.2 We find that NTCA is mistaken on both its assertions.
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\1\ NTCA Comments at 2-4.
\2\ NTCA Comments at 4.
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The Commission has determined consistently that incumbent LECs are
not ``small entities'' within the meaning of the RFA, and NTCA cites no
legal authority that causes us to question this conclusion.
Furthermore, regardless of the correct interpretation of the term
``small entities'' in this context, we included small dominant
incumbent LECs in our IRFA. Therefore, NTCA has no basis to assert that
the IRFA was inadequate. Second, all dominant LECs, including small
dominant LECs, have market power by definition. As a result, these
carriers do not face sufficient competition to enable their customers
to switch to another carrier if they believe that they revise their
rates too frequently. In addition, excessive rate churn could make it
difficult or impossible for customers to determine the rates in effect
on any given day, which in turn would make difficult for a customer to
file a complaint against a carrier. NTCA provides no explanation as to
why rate churn committed by a small LEC affects customers any
differently than rate churn committed by a large LEC.
Although no party other than NTCA commented directly in response to
the IRFA, we have kept small entities in mind as we considered the more
general comments filed in this proceeding, as discussed below.
Description and Estimate of Number of Small Entities to Which the Rules
Will Apply
In the NPRM, the Commission stated that the proposals under
consideration, if adopted, would affect all telecommunications carriers
regulated by the Commission. The United States Bureau of the Census
(Census Bureau) reports that, at the end of 1992, there were 3497 firms
engaged in providing telephone service, as defined therein, for at
least one year. United States Department of Commerce, Bureau of the
Census, 1992 Census of Transportation, Communications, and Utilities,
Establishment and Firm Size, at Firm Size 1-123 (1995) (1992 Census).
This number contains a variety of different categories of carriers,
including LECs, interexchange carriers, competitive access providers,
cellular carriers, mobile service carriers, operator service providers,
pay telephone operators, PCS providers, covered SMR providers, and
resellers. It seems certain that some of those 3497 telephone service
firms may not qualify as small entities or small incumbent LECs because
they are not independently owned or operated. 15 U.S.C. 632(a)(1).
In the NPRM, Commission also explained that dominant carriers are
not small businesses for IRFA purposes because they are dominant in
their field of operation. We have found incumbent LECs to be ``dominant
in their field of operation'' since the early 1980s, and we
consistently have certified under the Regulatory Flexibility Act, 5
U.S.C. 605(b), that incumbent LECs are not subject to regulatory
flexibility analysis requirements because they are not small
businesses. In order to remove any possible issue of Regulatory
Flexibility Act compliance, however, the NPRM tentatively concluded
that dominant carriers should be included in this IRFA. NTCA also
argues that small dominant carriers should be included in the
Regulatory Flexibility Act analysis. No one else commented on this
issue.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
In this document, we adopt several revisions to 47 CFR 61 that
reduce the regulatory burdens placed on all telecommunications common
carriers, including common carriers. The remaining rule revisions
generally re-state existing requirements in clearer terms.
Consequently, we project that this Order imposes no significant new
reporting, recordkeeping, or other compliance requirements on small
carriers.
Steps Taken to Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
In this proceeding, we have taken several steps to minimize the
economic impact of our existing 47 CFR 61 rules on all carriers,
including small carriers. For example, we have substantially relaxed
our posting requirements, we have eliminated our minimum notice
requirements for nondominant carriers, and we have expanded carriers'
ability to submit tariff filing fees electronically. We also decided
against requiring carriers to separate their domestic and international
tariffs when the record revealed that such a requirement would have
been burdensome. Finally, we limited the Internet posting requirement
to incumbent LECs who choose to establish web sites.
Report to Congress
The Commission will send a copy of this order, including the FRFA,
in a report to be sent to Congress pursuant to the Small Business
Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 801(a)(1)(A). A
summary of this Report and Order and this FRFA will also be published
in the Federal Register, 5 U.S.C. 604(b), and will be sent to the Chief
Counsel for Advocacy of the Small Business Administration.
Summary of Report and Order
In the Telecommunications Act of 1996 (1996 Act), Congress directed
the Commission in every even-numbered year beginning in 1998 to review
all regulations that apply to the operations or activities of any
provider of telecommunications service and to determine whether any
such regulation is no longer necessary in the public interest due to
meaningful economic competition. See 47 U.S.C. 161. As part
[[Page 46586]]
of the 1998 biennial regulatory review, the Commission has conducted a
review of the tariffing requirements contained in 47 CFR 61 of its
rules and other related requirements.
This document revises and removes several 47 CFR 61 rules, as well
as certain 47 CFR 63 and 69 rules that are interrelated with 47 CFR 61,
to eliminate those that no longer serve any useful purpose, or are
duplicative, and to improve their organization.
Ordering Clause
Accordingly, it is ordered, pursuant to sections 4(i), 4(j), 201-
205, 303(r), and 403 of the Communications Act of 1934, as amended, 47
U.S.C. 154(i), 154(j), 201-205, 303(r), 403, and section 553 of Title
5, United States Code, that revisions to 47 CFR 61, 63, 69, are adopted
as set forth below.
It is further ordered, pursuant to sections 4(i), and 201-205 of
the Communications Act, 47 U.S.C. 154(i), and 201-205, and 47 CFR
1.108, that revisions to 47 CFR 61.17(c) are adopted as set forth in
below.
It is further ordered that the provision of this Order will be
effective 30 days after a summary of this Order is published in the
Federal Register.
List of Subjects
47 CFR Part 61
Communications common carriers, Tariffs.
47 CFR Parts 63 and 69
Communications common carriers, Tariffs.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 61, 63, and 69 as
follows:
PART 61--TARIFFS
1. The authority citation 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.
Secs. 61.1 through 61.3 [Amended]
2. Designate Secs. 61.1 through 61.3 as subpart A and add a subpart
heading entitled ``Subpart A--General'' immediately preceding
Sec. 61.1.
3. Revise Sec. 61.2 to read as follows:
Sec. 61.2 General tariff requirements.
(a) In order to remove all doubt as to their proper application,
all tariff publications must contain clear and explicit explanatory
statements regarding the rates and regulations.
(b) Tariff publications must be delivered to the Commission free
from all charges, including claims of postage.
(c) Tariff publications will not be returned.
4. Remove the undesignated center heading ``Definitions''
immediately preceding Sec. 61.3.
5. Amend Sec. 61.3 by revising paragraphs (e), (f)(3), (m), (w),
and (y), to read as follows:
Sec. 61.3 Definitions.
* * * * *
(e) Base period. For carriers subject to Secs. 61.41-61.49, the 12-
month period ending six months prior to the effective date of annual
price cap tariffs. Base year or base period earnings shall exclude
amounts associated with exogenous adjustments to the PCI for the lower
formula adjustment mechanism permitted by Sec. 61.45(d)(1)(vii).
* * * * *
(f) * * *
(3) The related revenues of which are reflected in a Price Cap
Index.
* * * * *
(m) Contract-based tariff. A tariff based on a service contract
entered into between a nondominant carrier and a customer.
* * * * *
(w) Price Cap Index (PCI). An index of prices applying to each
basket of services of each carrier subject to price cap regulation, and
calculated pursuant to Sec. 61.45.
* * * * *
(y) Price cap tariff filing. Any tariff filing involving a service
subject to price cap regulation, or that requires calculations pursuant
to Secs. 61.45, 61.46, or 61.47.
* * * * *
6. Remove the undesignated center headings ``GENERAL RULES'' and
``Rules for Electronic Filing'' immediately preceding Sec. 61.13.
Secs. 61.13 through 61.17 [Amended]
7. Designate Secs. 61.13 through 61.17 as subpart B and add a
subpart heading entitled ``Subpart B--Rules for Electronic Filing''
immediately preceding Sec. 61.13.
8. Amend Sec. 61.14 by revising paragraph (b) to read as follows:
Sec. 61.14 Method of filing publications.
* * * * *
(b)(1) In addition, except for issuing carriers filing tariffing
fees electronically, for all tariff publications requiring fees as set
forth in part 1, subpart G of this chapter, issuing carriers must
submit the original of the cover letter (without attachments), FCC Form
159, and the appropriate fee to the Mellon Bank, Pittsburgh, PA at the
address set forth in Sec. 1.1105 of this chapter.
(2) Issuing carriers filing tariffing fees electronically must
submit the Form 159. The issuing carrier may submit the Form 159 in
either of the methods set forth in paragraphs (b)(2)(i) or (b)(2)(ii)
of this section:
(i) Issuing carriers submitting tariffing fees electronically may
submit a paper copy of the Form 159, and the original transmittal
letter to the Secretary of the Commission in lieu of the Mellon Bank,
or;
(ii) Issuing carriers submitting tariffing fees electronically may
submit a copy of the Form 159 electronically as an associated document
with their tariff filing publication. In this instance issuing carriers
must provide an electronic signature on their letter of transmittal in
accordance with section 1.52 of this chapter.
(iii) Regardless of whether the Form 159 is submitted pursuant to
paragraph (b)(2)(i) or (b)(2)(ii) of this section, the Form 159 should
display the Electronic Audit Code in the box in the upper left hand
corner marked ``reserved.'' Issuing carriers should submit these fee
materials on the same date as the submission in paragraph (a) of this
section.
* * * * *
9. Amend Sec. 61.17 by revising paragraph (c) to read as follows:
Sec. 61.17 Method of filing applications for special permission.
* * * * *
(c) In addition, if a carrier applies for special permission to
revise joint tariffs, the application must state that it is filed on
behalf of all carriers participating in the affected service.
Applications must be numbered consecutively in a series separate from
FCC tariff numbers, bear the signature of the officer or agent of the
carrier, and be in the following format:
Application No. __________
(Date)__________
Secretary
Federal Communications Commission
Washington, DC 20554.
Attention: Common Carrier Bureau (here provide the statements
required by Sec. 61.152).
(Exact name of carrier)__________
(Name of officer or agent)__________
(Title of officer or agent)__________
10. Remove the undesignated center heading ``General Rules for
Domestic
[[Page 46587]]
and International Nondominant Carriers'' immediately preceding
Sec. 61.20.
Secs. 61.20 through 61.24 [Amended]
11. Designate Secs. 61.20 through 61.24 as subpart C and add a
subpart heading entitled ``Subpart C--General Rules for Nondominant
Carriers'' immediately preceding Sec. 61.20.
12. Add Sec. 61.18 to subpart C to read as follows:
Sec. 61.18 Scope.
The rules in this subpart apply to all nondominant carriers.
Secs. 61.20 through 61.24 [Redesignated as Secs. 61.19 through 61.23]
13. Redesignate Secs. 61.20 through 61.24 as Secs. 61.19 through
61.23.
14. In newly redesignated Sec. 61.19, revise paragraphs (b) and (c)
to read as follows:
Sec. 61.19 Detariffing of domestic, interstate, interexchange
services.
* * * * *
(b) Carriers that are nondominant in the provision of domestic,
interstate, interexchange services are permitted to file tariffs for
dial-around 1+services. For the purposes of this paragraph, dial-around
1+calls are those calls made by accessing the interexchange carrier
through the use of that carrier's carrier access code.
(c) Carriers that are nondominant in the provision of domestic,
interstate, interexchange services are permitted to file a tariff for
such interstate service applicable to those customers who contact the
local exchange carrier to designate an interexchange carrier or to
initiate a change with respect to their primary interexchange carrier.
Such tariff will enable the interexchange carrier to provide service to
the customer until the interexchange carrier and the customer
consummate a written agreement, but in no event shall the interexchange
carrier provide service to its customer pursuant to such tariff for
more than 45 days.
15. In newly redesignated Sec. 61.20, revise paragraphs (b)(1) and
(c) to read as follows:
Sec. 61.20 Method of filing publications.
* * * * *
(b)(1) In addition, except for issuing carriers filing tariffing
fees electronically, for all tariff publications requiring fees as set
forth in part 1, subpart G of this chapter, issuing carriers must
submit the original of the cover letter (without attachments), FCC Form
159, and the appropriate fee to the Mellon Bank, Pittsburgh, PA at the
address set forth in Sec. 1.1105 of this chapter. Issuing carriers
submitting tariffing fees electronically should submit the Form 159 and
the original cover letter to the Secretary of the Commission in lieu of
the Mellon Bank. The Form 159 should display the Electronic Audit Code
in the box in the upper left hand corner marked ``reserved.'' Issuing
carriers should submit these fee materials on the same date as the
submission in paragraph (a) of this section.
* * * * *
(c) In addition to the requirements set forth in paragraphs (a) and
(b) of this section, the issuing carrier must send a copy of the cover
letter with one 3\1/2\ inch diskette or CD-ROM containing both the
complete tariff and any attachments, as appropriate, to the Secretary,
Federal Communications Commission. In addition, the issuing carrier
must send one diskette or CD-ROM of the complete tariff and a copy of
the cover letter to the commercial contractor (at its office on
Commission premises), and to the Chief, Tariff and Pricing Analysis
Branch. The latter should be clearly labeled as the ``Public Reference
Copy.'' The issuing carrier should file the copies required by this
paragraph so they will be received on the same date as the filings in
paragraph (a) of this section. In cases where the a single diskette or
CD-ROM does not provide sufficient capacity for the carrier's entire
tariff filing, the issuing carrier may submit two or more diskettes, or
two or more CD-ROMs, as necessary.
16. In newly redesignated Sec. 61.21, revise paragraph (a)(1) to
read as follows:
Sec. 61.21 Cover letters.
(a)(1) Except as specified in Sec. 61.32(b), all publications filed
with the Commission must be accompanied by a cover letter, 8.5 by 11
inches (21.6 cm x 27.9 cm) in size, and must be plainly printed in
black ink. All transmittal letters should briefly explain the nature
and purpose of the filing and indicate the date and method of filing of
the original cover letter, as required by Sec. 61.20(b)(1) of this
part.
* * * * *
17. Immediately after newly redesignated Sec. 61.21, remove the
undesignated center heading ``Specific Rules For Domestic and
International Nondominant Carriers''.
18. In newly redesignated Sec. 61.22, revise paragraph (a),
redesignate paragraph (c) as paragraph (c)(1), and add paragraphs
(c)(2) and (e) to read as follows:
Sec. 61.22 Composition of tariffs.
(a) The tariff must be submitted on a 3\1/2\ inch (8.89 cm)
diskette, or a 5 inch CD-ROM, formatted in an IBM-compatible form using
either WordPerfect 5.1, Microsoft Word 6, or Microsoft Word 97
software. No diskettes shall contain more than one tariff. The diskette
or CD-ROM must be submitted in ``read only'' mode. The diskette or CD-
ROM must be clearly labelled with the carrier's name, Tariff Number,
software used, and the date of submission. When multiple diskettes or
CD-ROMs are submitted, the issuing carrier shall clearly label each
diskette in the following format: ``1 of __'', ``2 of __'', etc.
* * * * *
(c) * * *
(2) Any issuing carrier submitting an individual tariff that
requires ten or more diskettes that wishes to revise its tariff is
permitted to do so by filing a diskette containing only those pages on
which the changed material is located. Any such carrier shall file a
current effective version of its entire tariff on the first business
day of each month. For purposes of this paragraph, ``business day'' is
defined in Sec. 1.4(e)(2) of this chapter.
* * * * *
(e)(1) For contract-based tariffs defined in Sec. 61.3(m), a
separate letter of transmittal may accompany each tariff filed, or the
above format may be modified for filing as many publications as may be
desired with one transmittal letter. The transmittals must be numbered
in a series separate from transmittals for non-contract tariff filing.
Numbers must appear on the face of the transmittal and be in the form
of ``CTT No. ______'', using CTT as an abbreviation for contract-based
tariff transmittals, or some similar form that indicates that the
transmittal is a contract-based tariff transmittal. Contract-based
tariffs must also be numbered in a series separate from non-contract-
based tariffs. Numbers must be in the form of ``CT No. ______'', using
CT as an abbreviation for contract-based tariffs, or some similar form
that indicates that the tariff is a contract-based tariff. Each
contract-based tariff must be assigned a separate number. Transmittals
and tariffs subject to this paragraph shall be filed beginning with the
number ``1'' and shall be numbered consecutively.
(2) Composition of contract-based tariffs shall comply with
Secs. 61.54 (b) through (i).
(3) Contract-based tariffs shall include the following:
[[Page 46588]]
(i) The term of the contract, including any renewal options;
(ii) A brief description of each of the services provided under the
contract;
(iii) Minimum volume commitments for each service;
(iv) The contract price for each service or services at the volume
levels committed to by the customers;
(v) A general description of any volume discounts built into the
contract rate structure; and
(vi) A general description of other classifications, practices and
regulations affecting the contract rate.
19. In newly redesignated Sec. 61.23, revise paragraph (c) to read
as follows:
Sec. 61.23 Notice requirements.
* * * * *
(c) All tariff filings of domestic and international non-dominant
carriers must be made on at least one day's notice.
20. Add Sec. 61.25 to subpart C to read as follows:
Sec. 61.25 References to other instruments.
In addition to the cross-references permitted pursuant to
Sec. 61.74, a non-dominant carrier may cross-reference in its tariff
publication only the rate provisions of another carrier's FCC tariff
publication, provided that the following conditions are met:
(a) The tariff being cross-referenced must be on file with the
Commission and in effect;
(b) The issuing carrier must specifically identify in its tariff
the cross-referenced tariff by Carrier Name and FCC Tariff Number;
(c) The issuing carrier must specifically identify in its tariff
the rates being cross-referenced so as to leave no doubt as to the
exact rates that will apply, including but not limited to any
applicable credits, discounts, promotions; and
(d) The issuing carrier must keep its cross-references current.
21. Add a subpart D to part 61, consisting of Sec. 61.28, to read
as follows:
Subpart D--General Tariff Rules for International Dominant Carriers
Sec. 61.28 International dominant carrier tariff filing requirements.
(a) Any carrier classified as dominant for the provision of
particular international communications services on a particular route
due only to a foreign carrier affiliation pursuant to Sec. 63.10 of
this Chapter shall file tariffs for those services on at least one
day's notice without cost support.
(b) Any carrier classified as dominant for the provision of
particular international communications services on a particular route
for any reason other than a foreign carrier affiliation pursuant to
Sec. 63.10 shall file tariffs for those services pursuant to the notice
and cost support requirements for tariff filings of dominant domestic
carriers, as set forth in subpart E of this part.
(c) Other than the notice and cost support requirements set forth
in paragraphs (a) and (b) of this section, all tariff filing
requirements applicable to all carriers classified as dominant for the
provision of particular international communications services on a
particular route are set forth in subpart C of this part.
Secs. 61.32 through 61.52, 61.54, 61.58 and 61.59 [Amended]
22. Designate Secs. 61.32 through 61.52, 61.54, 61.58, and 61.59 as
subpart E and add a subpart heading entitled ``Subpart E--General Rules
for Dominant Carriers'' immediately preceding Sec. 61.32.
23. Add Sec. 61.31 to subpart E to read as follows:
Sec. 61.31 Scope.
The rules in this subpart apply to all dominant carriers.
24. Amend Sec. 61.32 by revising paragraph (b) to read as follows:
Sec. 61.32 Method of filing publications.
* * * * *
(b) In addition, except for issuing carriers filing tariffing fees
electronically, for all tariff publications requiring fees as set forth
in part 1, subpart G of this chapter, issuing carriers must submit the
original of the transmittal letter (without attachments), FCC Form 159,
and the appropriate fee to the Mellon Bank, Pittsburgh, PA, at the
address set forth in Sec. 1.1105 of this chapter. Issuing carriers
submitting tariffing fees electronically should submit the Form 159 and
the original cover letter to the Secretary of the Commission in lieu of
the Mellon Bank. The Form 159 should display the Electronic Audit Code
in the box in the upper left hand corner marked ``reserved.'' Issuing
carriers should submit these fee materials on the same date as the
submission in paragraph (a) of this section.
* * * * *
25. In Sec. 61.33, revise the first sentence of the introductory
text of paragraph (a), remove and reserve paragraph (h)(2), and
redesignate the note following paragraph (h)(2) as a note to
Sec. 61.33, to read as follows:
Sec. 61.33 Letters of transmittal.
(a) Except as specified in Sec. 61.32(b), all publications filed on
paper with the Commission must be numbered consecutively by the issuing
carrier beginning with Number 1, and must be accompanied by a letter of
transmittal, A4 (21 cm x 29.7 cm) or 8\1/2\ by 11 inches (21.6 cm x
27.9 cm) in size. * * *
* * * * *
Sec. 61.35 [Removed]
26. Remove Sec. 61.35.
Sec. 61.36 [Removed]
27. Remove Sec. 61.36.
28. Amend Sec. 61.38 by revising paragraph (a), removing and
reserving paragraph (b)(3), and adding paragraph (g) to read as
follows:
Sec. 61.38 Supporting information to be submitted with letters of
transmittal.
(a) Scope. This section applies to dominant carriers whose gross
annual revenues exceed $500,000 for the most recent 12 month period of
operations or are estimated to exceed $500,000 for a representative 12
month period. Local exchange carriers serving 50,000 or fewer access
lines in a given study area that are described as subset 3 carriers in
Sec. 69.602 of this chapter may submit Access Tariff filings for that
study area pursuant to either this section or Sec. 61.39. However, the
Commission may require any carrier to submit such information as may be
necessary for a review of a tariff filing. This section (other than the
preceding sentence of this paragraph) shall not apply to tariff filings
proposing rates for services identified in Sec. 61.42 (d), (e), and
(g).
* * * * *
(g) On each page of cost support material submitted pursuant to
this section, the carrier shall indicate the transmittal number under
which that page was submitted.
29. Amend Sec. 61.39 by revising paragraph (a) and by adding
paragraph (f) to read as follows:
Sec. 61.39 Optional supporting information to be submitted with
letters of transmittal for Access Tariff filings effective on or after
April 1, 1989, by local exchange carriers serving 50,000 or fewer
access lines in a given study area that are described as subset 3
carriers in Sec. 69.602.
(a) Scope. This section provides for an optional method of filing
for any local exchange carrier that is described as subset 3 carrier in
Sec. 69.602, which elects to issue its own Access Tariff for a period
commencing on or after April 1, 1989, and which serves 50,000 or fewer
access lines in a study area as determined under Sec. 36.611(a)(8) of
this chapter. However, the Commission may require any carrier to submit
such information as may be necessary for
[[Page 46589]]
review of a tariff filing. This section (other than the preceding
sentence of this paragraph) shall not apply to tariff filings of local
exchange carriers subject to price cap regulation.
* * * * *
(f) On each page of cost support material submitted pursuant to
this section, the carrier shall indicate the transmittal number under
which that page was submitted.
Sec. 61.41 [Amended]
30. In Sec. 61.41, remove and reserve paragraph (a)(1).
31. Amend Sec. 61.42 by removing and reserving paragraphs (a), (b)
and (c), by removing the semicolons at the end of paragraphs (d)(1),
(d)(2), and (d)(3) and, in their place, adding periods, by adding a
sentence at the end of paragraphs (d)(1), (d)(2), (d)(3), (d)(4), and
(d)(6), and by revising the first sentence of paragraph (g) to read as
follows:
Sec. 61.42 Price cap baskets and service categories.
* * * * *
(d) * * *
(1) * * * For purposes of Secs. 61.41 through 61.49 of this
chapter, this basket shall be referred to as the ``common line
basket.''
(2) * * * For purposes of Secs. 61.41 through 61.49 of this
chapter, this basket shall be referred to as the ``traffic-sensitive
basket.''
(3) * * * For purposes of Secs. 61.41 through 61.49 of this
chapter, this basket shall be referred to as the ``trunking basket.''
(4) * * * For purposes of Secs. 61.41 through 61.49 of this
chapter, this basket shall be referred to as the ``interexchange
basket.''
* * * * *
(6) * * * For purposes of Secs. 61.41 through 61.49 of this
chapter, this basket shall be referred to as the ``marketing expense
basket.''
* * * * *
(g) New services, other than those within the scope of paragraph
(f) of this section, must be included in the affected basket at the
first annual price cap tariff filing following completion of the base
period in which they are introduced. * * *
32. Revise Sec. 61.43 to read as follows:
Sec. 61.43 Annual price cap filings required.
Carriers subject to price cap regulation shall submit annual price
cap tariff filings that propose rates for the upcoming tariff year,
that make appropriate adjustments to their PCI, API, and SBI values
pursuant to Secs. 61.45 through 61.47, and that incorporate new
services into the PCI, API, or SBI calculations pursuant to
Secs. 61.45(g), 61.46(b), and 61.47 (b) and (c). Carriers may propose
rate, PCI, or other tariff changes more often than annually, consistent
with the requirements of Sec. 61.59.
Sec. 61.44 [Removed and Reserved]
33. Remove and reserve Sec. 61.44.
34. Sec. 61.45 is amended as follows:
a. Revise paragraphs (b) and (c);
b. Revise paragraph (d)(1)(iv);
c. In paragraph (f), remove the words ``paragraph (c)'' and add, in
their place, the words ``paragraphs (b) and (c)''; and
d. Revise paragraphs (i) and (j)(2).
e. Remove paragraphs (k) and (l).
Sec. 61.45 Adjustments to the PCI for local exchange carriers.
* * * * *
(b)(1)(i) Adjustments to local exchange carrier PCIs, in those
carriers' annual access tariff filings, for the traffic-sensitive
basket described in Sec. 61.42(d)(2), the trunking basket described in
Sec. 61.42(d)(3), and the marketing expense basket described in
Sec. 61.42(d)(6), shall be made pursuant to the following formula:
PCIt = PCIt-1[1 + w(GDP-PI-X) + Z/R]
Where
GDP-PI = the percentage change in the GDP-PI between the quarter ending
six months prior to the effective date of the new annual tariff and the
corresponding quarter of the previous year,
X = 6.5%,
Z = the dollar effect of current regulatory changes when
compared to the regulations in effect at the time the PCI was updated
to PCIt-1, measured at base period level of operations,
R = an amount calculated by multiplying base period quantities for each
rate element in the basket by the price for that rate element at the
time the PCI was updated to PCIt-1, inclusive of the
products of base period quantities for each PICC established in
Sec. 69.153 of this Chapter and the portion of that PICC that is
associated with the basket, and summing the results,
w = R + Z, all divided by R,
PCIt = the new PCI value, and
PCIt-1 = the immediately preceding PCI value.
(ii) Adjustments to local exchange carrier PCIs for the
interexchange basket described in Sec. 61.42(d)(4), in those carriers'
annual access tariff filings, shall be made pursuant to the following
formula:
PCIt = PCIt-1 [1 + w(GDP-PI-X) + Z/R +
Y/R]
Where
w = R-(access rate in effect at the time the PCI was updated to
PCIt-1 , multiplied by base period demand) + Z, all
divided by R,
X = 3.0 percent,
Y = (new access rate-access rate at the time the PCI was
updated to PCIt-1) x (base period demand), and all other
terms are defined in paragraph (b)(1)(i) of this section.
(2) Adjustments to local exchange carrier PCIs, in tariff filings
other than the annual access tariff filing, for the traffic-sensitive
basket described in Sec. 61.42(d)(2), the trunking basket described in
Sec. 61.42(d)(3), the interexchange basket described in
Sec. 61.42(d)(4), and the marketing expense basket described in
Sec. 61.42(d)(6), shall be made pursuant to the formulas set forth in
paragraph (b)(1) of this section, except that the ``w(GDP-PI-X)''
component of those PCI formulas shall not be employed.
(c)(1) In the event that a local exchange carrier imposes a per-
minute carrier common line charge pursuant to Sec. 69.154 of this
chapter, and subject to paragraphs (c)(2) and (c)(3) of this section,
adjustments to local exchange carrier PCIs in the annual access tariff
filing for the common line basket designated in Sec. 61.42(d)(1) shall
be made pursuant to the following formula:
PCIt = PCIt-1 [1 + w[(GDP-PI-X-(g/2))/(1+(g/2))]
+ Z/R]
Where
GDP-PI = the percentage change in the GDP-PI between the quarter ending
six months prior to the effective date of the new annual tariff and the
corresponding quarter of the previous year,
X = productivity factor of 6.5%,
g = the ratio of minutes of use per access line during the base period,
to minutes of use per access line during the previous base period,
minus 1,
Z = the dollar effect of current regulatory changes when
compared to the regulations in effect at the time the PCI was updated
to PCIt-1, measured at base period level of operations,
R = an amount calculated by multiplying base period quantities for each
rate element in the basket by the price for that rate element at the
time the PCI was updated to PCIt-1, inclusive of the
products of base period quantities for each PICC established in
Sec. 69.153 of this Chapter and the portion of that PICC that is
associated with the common line basket, and summing the results,
w = R + Z, all divided by R,
[[Page 46590]]
PCIt = the new PCI value, and
PCIt-1 = the immediately preceding PCI value.
(2) Adjustments to local exchange carrier PCIs, in tariff filings
other than the annual access tariff filing, for the common line basket
described Sec. 61.42(d)(1), shall be made pursuant to the formulas set
forth in paragraph (b)(1) of this section, except that the ``w[(GDP-
PI--X--(g/2))/(1 + (g/2))]'' component of that PCI formula shall not be
employed. In non-annual price cap filings, g will be equal to 0.
(3) The formula set forth in paragraph (c)(1) of this section shall
be used by a local exchange carrier only if that carrier is imposing a
carrier common line charge pursuant to Sec. 69.154 of this chapter.
Otherwise, adjustments to local exchange carrier PCIs for the common
line basket designated in Sec. 61.42(d)(1) shall be made pursuant to
the formula set forth in Sec. 61.45(b)(1)(i).
(d) * * *
(1) * * *
(iv) Changes to the level of obligation associated with the
Universal Service Fund obligation described in Part 54 of this chapter;
* * * * *
(i)(1)(i) Notwithstanding the provisions of paragraphs (b) and (c)
of this section, and subject to the limitations of paragraph (j) of
this section, including but not limited to the Z reductions
discussed in paragraph (j)(2), any price cap local exchange carrier
that is recovering interconnection charge revenues through per-minute
rates pursuant to Sec. 69.124 or Sec. 69.155 of this chapter shall
target, to the extent necessary to eliminate the recovery of any
residual interconnection charge revenues through per-minute rates, any
PCI reductions associated with the common line and traffic sensitive
baskets, designated in Secs. 61.42(d)(1) and (2), that result from the
application of the formulas in paragraphs (b) and (c) of this section.
(ii) As specified in paragraph (j)(2) of this section, any price
cap local exchange carrier that is targeting PCI reductions to the
residual interconnection charge pursuant to paragraph (i)(1)(i) of this
section shall exclude the Z/R component of the PCI for the
trunking basket designated in Sec. 61.42(d)(3) from those calculations.
(iii) Any local exchange carrier that is targeting PCI reductions
to the residual interconnection charge pursuant to paragraph (i)(1)(i)
of this section shall not make any adjustment to its PCIs for the
common line and traffic sensitive baskets, designated in
Secs. 61.42(d)(1) and (2) respectively, as a result of the application
of the formulas in paragraphs (b) and (c) of this section, other than
the adjustments resulting from calculation of the `` Z/R
component of those formulas.
(iv) The reductions described in paragraph (i)(1)(i) are to be made
after the adjustment is made to the PCI for the trunking basket
designated in Sec. 61.42(d)(3) resulting from the application of the
formulas in paragraphs (b) and (c) of this section.
(2) Notwithstanding the provisions of paragraph (b) of this
section, and subject to the limitations of paragraph (j) of this
section, any price cap local exchange carrier that is recovering
interconnection charge revenues through per-minute rates pursuant to
Sec. 69.155 of this chapter shall target, to the extent necessary to
eliminate the recovery of any residual interconnection charge revenues
through per-minute rates, any PCI reductions associated with the basket
designated in Sec. 61.42(d)(6) that result from the application of the
formula in Sec. 61.45(b), but excluding from the calculations the
Z/R component, with no adjustment being made to the PCIs for
the basket designated in Sec. 61.42(d)(6). This adjustment, including
any adjustment due to the Z/R component, will be made after
any adjustment made pursuant to paragraph (i)(1) of this section.
(3) [Reserved]
(4) Effective January 1, 1998, the reduction in the PCI for the
trunking basket designated in Sec. 61.42(d)(3) that results from
paragraphs (i)(1) and (i)(2) of this section shall be determined by
multiplying the PCI for the trunking basket by one minus the ratio of
the sum of the dollar effects of the PCI reductions otherwise
applicable to the common line, traffic-sensitive, and marketing expense
baskets, to the revenues applicable to the trunking basket.
(j) * * *
(2) Exclude the amount of any exogenous adjustments permitted or
required for the common line, traffic sensitive baskets, and marketing
baskets, defined in Secs. 61.42(d)(1), (d)(2), and (d)(6), from the
retargeting adjustment to the PCI for the trunking basket defined in
Sec. 61.42(d)(3). Any such exogenous adjustments shall be reflected in
the PCIs and SBIs in the same manner as they would have been reflected
if there were no targeting.
35. Amend Sec. 61.47 to revise paragraph (e), remove and reserve
paragraphs (f), (g), and (h) to read as follows:
Sec. 61.47 Adjustments to the SBI; pricing bands.
* * * * *
(e) Pricing bands shall be established each tariff year for each
service category and subcategory within a basket. Each band shall limit
the pricing flexibility of the service category, subcategory, or
density zone, as reflected in the SBI, to an annual increase of a
specified percent listed in this paragraph below, relative to the
percentage change in the PCI for that basket, measured from the levels
in effect on the last day of the preceding tariff year. For local
exchange carriers subject to price cap regulation as that term is
defined in Sec. 61.3(x), there shall be no lower pricing band for any
service category or subcategory.
(1) Five percent:
(i) Local switching (traffic sensitive basket)
(ii) Information (traffic sensitive basket)
(iii) Database Access services (traffic sensitive basket)
(iv) 800 Database Vertical Services subservice (traffic sensitive
basket)
(v) Billing Name and Address (traffic sensitive basket)
(vi) Local switching trunk ports (traffic sensitive basket)
(vii) Signalling Transfer Point Port Termination (traffic sensitive
basket)
(viii) Voice grade (Trunking basket)
(ix) Voice grade density zones (Trunking basket)
(x) Tandem-Switched Transport density zones (Trunking basket)
(xi) Audio/Video (Trunking basket)
(xii) Total High Capacity (Trunking basket)
(xiii) DS1 subservice (Trunking basket)
(xiv) DS1 density zones (Trunking basket)
(xv) DS3 subservice (Trunking basket)
(xvi) DS3 density zones (Trunking basket)
(xvii) Wideband (Trunking basket)
(2) Two percent:
(i) Tandem-Switched Transport (Trunking basket)
(ii) Signalling for Tandem Switching (Trunking basket)
(3) Zero percent: Interconnection charge (Trunking basket)
(f)-(h) [Reserved]
* * * * *
Sec. 61.48 [Amended]
36. Amend Sec. 61.48 by removing and reserving paragraphs (a)
through (h), and by removing and reserving paragraph (i)(3)(ii).
37. Amend Sec. 61.49 to revise paragraphs (a), (c), and (g)(1)(ii),
remove and reserve paragraphs (f)(1) and (i)(1), and add new paragraph
(l) to read as follows:
[[Page 46591]]
Sec. 61.49 Supporting information to be submitted with letters of
transmittal for tariffs of carriers subject to price cap regulation.
(a) Each price cap tariff filing must be accompanied by supporting
materials sufficient to calculate required adjustments to each PCI,
API, and SBI pursuant to the methodologies provided in Secs. 61.45,
61.46, and 61.47, as applicable.
* * * * *
(c) Each price cap tariff filing that proposes rates above the
applicable band limits established in Secs. 61.47 (e) must be
accompanied by supporting materials establishing substantial cause for
the proposed rates.
* * * * *
(f)(1) [Reserved]
* * * * *
(g) * * *
(1) * * *
(ii) Estimates of the effect of the new tariff on the traffic and
revenues from the service to which the new tariff applies, the
carrier's other service classifications, and the carrier's overall
traffic and revenues. These estimates must include the projected
effects on the traffic and revenues for the same representative 12
month period used in paragraph (g)(1)(i) of this section.
* * * * *
(l) On each page of cost support material submitted pursuant to
this section, the carrier shall indicate the transmittal number under
which that page was submitted.
Sec. 61.50 [Removed and Reserved]
38. Remove and reserve Sec. 61.50.
39. Remove the undesignated center heading entitled ``Specific
Rules for Tariff Publications'' immediately before Sec. 61.51.
Sec. 61.51 [Removed and Reserved]
40. Remove and reserve Sec. 61.51.
Sec. 61.53 [Redesignated as Sec. 61.83]
41. Redesignate Sec. 61.53 as Sec. 61.83.
42. Amend Sec. 61.54 by revising paragraph (b)(3), redesignating
paragraph (c)(1) as paragraph (c)(1)(i), adding paragraph (c)(1)(ii),
redesignating paragraph (c)(3) as paragraph (c)(3)(i), adding paragraph
(c)(3)(ii), and revising paragraph (i)(3), to read as follows:
Sec. 61.54 Composition of tariffs.
* * * * *
(b) * * *
(3) Expiration date. Subject to Sec. 61.59, when the entire tariff
or supplement is to expire with a fixed date, the expiration date must
be shown in connection with the effective date in the following manner.
Changes in expiration date must be made pursuant to the notice
requirements of Sec. 61.58, unless otherwise authorized by the
Commission.
Expires at the end of ____ (date) unless sooner canceled,
changed, or extended.
* * * * *
(c) * * *
(1) * * *
(ii) Alternatively, the carrier is permitted to number its tariff
pages, other than the check sheet, to reflect the section number of the
tariff as well as the page. For example, under this system, pages in
section 1 of the tariff would be numbered 1-1, 1-2, etc., and pages in
section 2 of the tariff would be numbered 2-1, 2-2, etc. Issuing
carriers shall utilize only one page numbering system throughout its
tariff.
* * * * *
(3) * * *
(ii) On each page, the carrier shall indicate the transmittal
number under which that page was submitted.
* * * * *
(i) * * *
(3) Items which have not been in effect 30 days when brought
forward on revised pages must be shown as reissued, in the manner
prescribed in Sec. 61.54(i)(1). The number and original effective date
of the tariff publication in which the matter was originally published
must be associated with the reissued matter. Items which have been in
effect 30 days or more and are brought forward without change on
revised pages must not be shown as reissued items.
Sec. 61.55 [Removed]
43. Remove Sec. 61.55.
Sec. 61.56 [Redesignated as Sec. 61.86]
44. Redesignate Sec. 61.56 as Sec. 61.86, and revise it to read as
follows:
Sec. 61.86 Supplements.
A carrier may not file a supplement except to suspend or cancel a
tariff publication, or to defer the effective date of pending tariff
revisions. A carrier may file a supplement for the voluntary deferral
of a tariff publication.
Sec. 61.57 [Redesignated as Sec. 61.87]
45. Redesignate Sec. 61.57 as Sec. 61.87, and revise it to read as
follows:
Sec. 61.87 Cancellation of tariffs.
(a) A carrier may cancel an entire tariff. Cancellation of a tariff
automatically cancels every page and supplement to that tariff except
for the canceling Title Page or first page.
(1) If the existing service(s) will be provided under another
carrier's tariff, then
(i) The carrier whose tariff is being canceled must revise the
Title Page or the first page of its tariff indicating that the tariff
is no longer effective, or
(ii) The carrier under whose tariff the service(s) will be provided
must revise the Title Page or first page of the tariff to be canceled,
using the name and numbering shown in the heading of the tariff to be
canceled, indicating that the tariff is no longer effective. This
carrier must also file with the Commission the new tariff provisions
reflecting the service(s) being canceled. Both filings must be
effective on the same date and may be filed under the same transmittal.
(2) If a carrier canceling its tariff intends to cease to provide
existing service, then it must revise the Title Page or first page of
its tariff indicating that the tariff is no longer effective.
(3) A carrier canceling its tariff, as described in this section,
must comply with Sec. 61.22 or Secs. 61.54(b)(1) and 61.54(b)(5), as
applicable.
(b) When a carrier cancels a tariff as described in this section,
the canceling Title Page or the first page of the canceled tariff must
show where all rates and regulations will be found except for paragraph
(c) of this section. The Title Page or first page of the new tariff
must indicate the name of the carrier and tariff number where the
canceled material had been found.
(c) When a carrier ceases to provide service(s) without a
successor, it must cancel its tariff pursuant to the notice
requirements of Sec. 61.23 or Sec. 61.58, as applicable, unless
otherwise authorized by the Commission.
46. Amend Sec. 61.58 as follows:
a. Revise paragraph (a)(2);
b. Revise paragraph (a)(3);
c. Remove and reserve paragraphs (b), (c), and (d);
d. Amend paragraph (e) by revising the paragraph heading, redesignating
paragraph (e)(3) as paragraph (e)(4), and adding new paragraph (e)(3);
and
e. Remove and reserve paragraph (f).
Sec. 61.58 Notice requirements.
(a) * * *
(2)(i) Local exchange carriers may file tariffs pursuant to the
streamlined tariff filing provisions of section 204(a)(3) of the
Communications Act. Such a tariff may be filed on 7 days' notice if it
proposes only rate decreases. Any other tariff filed pursuant to
section 204(a)(3) of the Communications Act, including those that
propose a rate increase or any change in terms and conditions, shall be
filed on 15 days' notice. Any tariff filing made pursuant to section
204(a)(3) of the Communications Act must comply with the applicable
cost support requirements specified in this part.
[[Page 46592]]
(ii) Local exchange carriers may elect not to file tariffs pursuant
to section 204(a)(3) of the Communications Act. Any such tariffs shall
be filed on at least 16 days' notice.
(iii) Except for tariffs filed pursuant to section 204(a)(3) of the
Communications Act, the Chief, Common Carrier Bureau, may require the
deferral of the effective date of any filing made on less than 120
days' notice, so as to provide for a maximum of 120 days' notice, or of
such other maximum period of notice permitted by section 203(b) of the
Communications Act, regardless of whether petitions under Sec. 1.773 of
this chapter have been filed.
(3) Tariff filings proposing corrections or voluntarily deferring
the effective date of a pending tariff revision must be made on at
least 3 days' notice, and may be filed notwithstanding the provisions
of Sec. 61.59. Corrections to tariff materials not yet effective cannot
take effect before the effective date of the original material.
Deferrals must take effect on or before the current effective date of
the pending tariff revisions being deferred.
* * * * *
(b)-(d) [Reserved]
(e) Non-price cap carriers and/or services. * * *
* * * * *
(3) Alascom, Inc. shall file its annual tariff revisions for its
Common Carrier Services (Alascom Tariff F.C.C No. 11) on at least 35
days' notice.
* * * * *
(f) [Reserved]
Revise Sec. 61.59 to read as follows:
Sec. 61.59 Effective period required before changes.
(a) Except as provided in Sec. 61.58(a)(3) or except as otherwise
authorized by the Commission, new rates or regulations must be
effective for at least 30 days before a dominant carrier will be
permitted to make any change.
(b) Changes to rates and regulations that have not yet become
effective, i.e., are pending, may not be made unless the effective date
of the proposed changes is at least 30 days after the scheduled
effective date of the pending revisions.
(c) Changes to rates and regulations that have taken effect but
have not been in effect for at least 30 days may not be made unless the
scheduled effective date of the proposed changes is at least 30 days
after the effective date of the existing regulations.
Sec. 61.67 through 61.74 [Amended]
48. Designate Secs. 61.67 through 61.74, and redesignated
Secs. 61.83, 61.86, and 61.87, as subpart F, and add a subpart heading
entitled ``Subpart F--Specific Rules for Tariff Publications of
Dominant and Nondominant Carriers'' immediately preceding Sec. 61.67.
49. Add Sec. 61.66 to subpart F to read as follows:
Sec. 61.66 Scope.
The rules in this subpart apply to all carriers, unless otherwise
noted.
Sec. 61.67 [Removed]
50. Remove Sec. 61.67.
51. Revise Sec. 61.69 to read as follows:
Sec. 61.69 Rejection.
When a tariff publication is rejected by the Commission, its number
may not be used again. This includes, but is not limited to, such
publications as tariff numbers or specific page revision numbers. The
rejected tariff publication may not be referred to as either cancelled
or revised. Within five business days of the release date of the
Commission's Order rejecting such tariff publication, the issuing
carrier shall file tariff revisions removing the rejected material,
unless the Commission's Order establishes a different date for this
filing. The publication that is subsequently issued in lieu of the
rejected tariff publication must bear the notation:
In lieu of --, rejected by the Federal Communications
Commission.
Sec. 61.71 [Removed]
52. Remove Sec. 61.71.
53. Revise Sec. 61.72 to read as follows:
Sec. 61.72 Public information requirements.
(a) Issuing carriers must make available accurate and timely
information pertaining to rates and regulations subject to tariff
filing requirements.
(b) Issuing carriers must, at a minimum, provide a telephone number
for public inquiries about information contained in its tariffs. This
telephone number should be made readily available to all interested
parties.
(c) Any issuing carrier that is an incumbent local exchange
carrier, and chooses to establish an Internet web site, must make its
tariffs available on that web site, in addition to the Commission's web
site.
54. Add new paragraphs (e) and (f) to Sec. 61.74 to read as
follows:
Sec. 61.74 References to other instruments.
* * * * *
(e) Tariffs may reference other FCC tariffs that are in effect and
on file with the Commission for purposes of determining mileage, or
specifying the operating centers at which a specific service is
available.
(f) Tariffs may reference technical publications which describe the
engineering, specifications, or other technical aspects of a service
offering, provided the following conditions are satisfied:
(1) The tariff must contain a general description of the service
offering, including basic parameters and structural elements of the
offering;
(2) The technical publication includes no rates, regulatory terms,
or conditions which are required to be contained in the tariff, and any
revisions to the technical publication do not affect rates, regulatory
terms, or conditions included in the tariff, and do not change the
basic nature of the offering;
(3) The tariff indicates where the technical publication can be
obtained;
(4) The referenced technical publication is publicly available
before the tariff is scheduled to take effect; and
(5) The issuing carrier regularly revises its tariff to refer to
the current edition of the referenced technical publication.
Secs. 61.131 through 61.136 [Amended]
55. Remove the undesignated center heading ``Concurrences''
immediately before Sec. 61.131.
56. Designate Secs. 61.131 through 61.136 as subpart G, and add a
subpart heading entitled ``Subpart G--Concurrences'' immediately
preceding Sec. 61.131.
57. Amend Sec. 61.132 by adding two sentences at the end of the
section, to read as follows:
Sec. 61.132 Method of filing concurrences.
* * * Nondominant issuing carriers shall file revisions reflecting
concurrences in their tariffs on the notice period specified in
Sec. 61.23 of this part. Dominant issuing carriers shall file
concurrences in their tariffs on the notice periods specified in
Sec. 61.58(a)(2) or Sec. 61.58(e)(1)(iii) of this part.
Secs. 61.151 through 61.153 [Amended]
58. Remove the undesignated center heading ``Applications for
Special Permission'' immediately preceding Sec. 61.151.
59. Designate Secs. 61.151 through 61.153 as subpart H, and add a
subpart heading entitled ``Subpart H--Applications for Special
Permission'' immediately preceding Sec. 61.151.
60. Amend Sec. 61.153 by revising paragraph (b) to read as follows:
Sec. 61.153 Method of filing applications.
* * * * *
(b) In addition, except for issuing carriers filing tariffing fees
electronically, for all special permission
[[Page 46593]]
applications requiring fees as set forth in part 1, subpart G of this
chapter, the issuing carrier must submit the original of the
application letter (without attachments), FCC Form 159, and the
appropriate fee to the Mellon Bank, Pittsburgh, PA at the address set
forth in Sec. 1.1105 of this chapter. Issuing carriers submitting
tariffing fees electronically should submit the Form 159 and the
original cover letter to the Secretary of the Commission in lieu of the
Mellon Bank. The Form 159 should display the Electronic Audit Code in
the box in the upper left hand corner marked ``reserved.'' Issuing
carriers should submit these fee materials on the same date as the
submission in paragraph (a) of this section.
* * * * *
Secs. 61.171 through 61.172 [Amended]
61. Remove the undesignated center heading ``Adoption of Tariffs
and Other Documents of Predecessor Carriers'' immediately preceding
Sec. 61.171.
62. Designate Secs. 61.171 through 61.172 as subpart I, and add a
subpart heading entitled ``Subpart I--Adoption of Tariffs and Other
Documents of Predecessor Carriers'' immediately preceding Sec. 61.171.
Secs. 61.191 through 61.193 [Amended]
63. Remove the undesignated center heading ``Suspensions''
immediately preceding Sec. 61.191.
64. Designate Secs. 61.191 through 61.193 as subpart J, and add a
subpart heading entitled ``Subpart J--Suspensions'' immediately
preceding Sec. 61.191.
65. Revise Sec. 61.191 to read as follows:
Sec. 61.191 Carrier to file supplement when notified of suspension.
If a carrier is notified by the Commission that its tariff
publication has been suspended, the carrier must file, within five
business days from the release date of the suspension order, a
consecutively numbered supplement without an effective date, which
specifies the schedules which have been suspended.
PART 61--[AMENDED]
66. In addition to the amendments set forth above, in 47 CFR part
61, remove the words ``Chief, Tariff Review Branch'' and add, in their
place, the words ``Chief, Tariff and Pricing Analysis Branch'' in the
following places:
a. Section 61.32(c);
b. Section 61.33(a)(3);
c. Section 61.38(c)(1);
d. Section 61.49(g)(2)(i);
e. Section 61.153(c).
PART 63--EXTENSION OF LINES AND DISCONTINUANCE, REDUCTION, OUTAGE
AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND GRANTS OF
RECOGNIZED PRIVATE OPERATING AGENCY STATUS
67. The authority citation continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 201-205, 403, and 533,
unless otherwise noted.
68. Amend Sec. 63.10 by revising paragraph (c)(1) to read as
follows:
Sec. 63.10 Regulatory classification of U.S. international carriers.
* * * * *
(c) * * *
(1) File international service tariffs pursuant to Sec. 61.28 of
this chapter.
PART 69--ACCESS CHARGES
69. The authority citation continues to read as follows:
Authority: 47 U.S.C. 154, 201, 202, 203, 205, 218, 220, 254,
403.
Sec. 69.2 [Amended]
70. In Sec. 69.2, remove and reserve paragraph (tt).
71. Amend Sec. 69.3 to revise paragraph (a), revise the
introductory text of paragraph (e), revise paragraph (e)(6), revise
paragraph (f), revise paragraph (h), revise the introductory text of
paragraph (i), and to remove and reserve paragraph (j), to read as
follows:
Sec. 69.3 Filing of access service tariffs.
(a) Except as provided in paragraphs (g) and (h) of this section, a
tariff for access service shall be filed with this Commission for a
two-year period. Such tariffs shall be filed with a scheduled effective
date of July 1. Such tariff filings shall be limited to rate level
changes.
* * * * *
(e) A telephone company or group of telephone companies may file a
tariff that is not an association tariff. Such a tariff may cross-
reference the association tariff for some access elements and include
separately computed charges of such company or companies for other
elements. Any such tariff must comply with the requirements hereinafter
provided:
* * * * *
(6) A telephone company or companies that elect to file such a
tariff shall notify the association not later than December 31 of the
preceding year, if such company or companies did not file such a tariff
in the preceding biennial period or cross-reference association charges
in such preceding period that will be cross-referenced in the new
tariff. A telephone company or companies that elect to file such a
tariff not in the biennial period shall file its tariff to become
effective July 1 for a period of one year. Thereafter, such telephone
company or companies must file its tariff pursuant to paragraphs (f)(1)
or (f)(2) of this section.
* * * * *
(f) (1) A tariff for access service provided by a telephone company
that is required to file an access tariff pursuant to Sec. 61.38 of
this Chapter shall be filed for a biennial period and with a scheduled
effective date of July 1 of any even numbered year.
(2) A tariff for access service provided by a telephone company
that may file an access tariff pursuant to Sec. 61.39 of this Chapter
shall be filed for a biennial period and with a scheduled effective
date of July 1 of any odd numbered year. Any such telephone company
that does not elect to file an access tariff pursuant to the Sec. 61.39
procedures, and does not participate in the Association tariff, and
does not elect to become subject to price cap regulation, must file an
access tariff pursuant to Sec. 61.38 for a biennial period and with a
scheduled effective date of July 1 of any even numbered year.
(3) For purposes of computing charges for access elements other
than Common Line elements to be effective on July 1 of any even-
numbered year, the association may compute rate changes based upon
statistical methods which represent a reasonable equivalent to the cost
support information otherwise required under part 61 of this chapter.
* * * * *
(h) Local exchange carriers subject to price cap regulation as that
term is defined in Sec. 61.3(x) of this chapter, shall file with this
Commission a price cap tariff for access service for an annual period.
Such tariffs shall be filed to meet the notice requirements of
Sec. 61.58 of this Chapter, with a scheduled effective date of July 1.
Such tariff filings shall be limited to changes in the Price Cap
Indexes, rate level changes (with corresponding adjustments to the
affected Actual Price Indexes and Service Band Indexes), and the
incorporation of new services into the affected indexes as required by
Sec. 61.49 of this chapter.
(i) The following rules apply to the withdrawal from Association
tariffs under the provision of paragraph (e)(6) or (e)(9) of this
section or both by telephone companies electing to file price cap
tariffs pursuant to paragraph (h) of this section.
* * * * *
[[Page 46594]]
Sec. 69.111 [Amended]
72. Amend Sec. 69.111(g)(4), by removing the reference
``Sec. 61.43(e)(2)(v)'' and adding, in its place, the reference
``Sec. 61.42(e)(2)(v)'', and by removing the reference
``Sec. 61.43(e)(2)(vi)'' and adding, in its place, the reference
``Sec. 61.42(e)(2)(vi)''.
Sec. 69.113 [Amended]
73. In Sec. 69.113(c), remove the reference ``Sec. 61.3(v)'' and
add, in its place, the reference ``Sec. 61.3(x)''.
Sec. 69.114 [Amended]
In Sec. 69.114(a), remove the reference ``Sec. 61.3(v)'' and add,
in its place, the reference ``Sec. 61.3(x)''.
75. Amend Sec. 69.153, by revising paragraphs (c)(1), (d)(1)(i),
and (d)(2)(i), to read as follows:
Sec. 69.153 Presubscribed interexchange carrier charge (PICC).
* * * * *
(c) * * *
(1) One twelfth of the sum of annual common line revenues and
residual interconnection charge revenues permitted under our price cap
rules divided by the historical base period local exchange service
subscriber lines in use during such annual period, minus the maximum
subscriber line charge calculated pursuant to Sec. 69.152(d)(2); or * *
*
* * * * *
(d) * * *
(1) * * *
(i) One twelfth of the annual common line, residual interconnection
charge, and Sec. 69.156(a) marketing expense revenues permitted under
our price cap rules, less the maximum amounts permitted to be recovered
through the recovery mechanisms under Secs. 69.152, 69.153(c), and
69.156(b) and (c), divided by the total number of historical base
period non-primary residential and multi-line business subscriber lines
in use during such annual period; or * * *
(2) * * *
(i) One twelfth of the annual common line, residual interconnection
charge, and Sec. 69.156(a) marketing expense revenues permitted under
parts 61 and 69 of our rules, less the maximum amounts permitted to be
recovered through the recovery mechanisms under Secs. 69.152, 69.153(c)
and (d)(1), and 69.156(b) and (c), divided by the total number of
historical base period multi-line business subscriber lines in use
during such annual period; or
* * * * *
[FR Doc. 99-21721 Filed 8-25-99; 8:45 am]
BILLING CODE 6712-01-P
