1998 Biennial Regulatory Review

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 61, 63, and 69

[CC Docket No. 98-131; FCC 98-164]

1998 Biennial Regulatory Review

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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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 this 1998 biennial

regulatory review, the Commission proposes to revise part 61 to, among

other things, eliminate requirements that 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: Comments are due on or before October 16, 1998. Reply comments

are due on or before November 16, 1998.

Comments may be filed using the Commission's Electronic Comment

Filing System (ECFS) or by filing paper copies. See Electronic Filing

of Documents in Rulemaking Proceedings, 63 FR 24121, May 1, 1998.

Comments filed through the ECFS can be sent as an electronic file via

the Internet to http://www.fcc.gov/e-file/ecfs.html>. Generally, only

one copy of an electronic submission must be filed. If multiple docket

or rulemaking numbers appear in the caption of this proceeding,

however, commenters must transmit one electronic copy of the comments

to each docket or rulemaking number referenced in the caption. In

completing the transmittal screen, commenters should include their full

name, Postal Service mailing address, and the applicable docket or

rulemaking number. Parties may also submit an electronic comment by

Internet e-mail. To get filing instructions for e-mail comments,

commenters should send an e-mail to [email protected], and should include

the following words in the body of the message, ``get form t=PCIt-1[1+w(GDP-PI-X)+Z/R]

Where

GD-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, summing the results, and

adding the products of base period quantities for each PICC established

in Sec. 69.153 of this

[[Page 49525]]

Chapter and the portion of that PICC that is associated with the

basket,

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,

PCIt=the new PCI value, and

PCIt-1=the immediately preceding PCI value.

(2) The ``w(GDP-PI-X)'' component of the PCI formula specified in

paragraph (b)(1) of this section shall be employed only in the

adjustment made in connection with the annual price cap filing. In

calculating the ``w'' variable in the formula detailed in paragraph

(b)(1) of this section, the access costs that must be subtracted from

the ``R'' variable shall be apportioned among the baskets specified in

Secs. 61.42(d)(2), (3), (4), and (6) as follows:

(i) The net change in total non-traffic sensitive access costs for

all capped services (in all baskets), calculated at base period demand,

shall be allocated among the baskets in proportion to each basket's

share of total base period non-traffic sensitive minutes of access

(both originating and terminating);

(ii) The net change in total traffic sensitive access costs for all

capped services (in all baskets), calculated at base period demand,

shall be allocated among the baskets in proportion to each basket's

share of total base period traffic sensitive minutes of access;

(iii) Changes in special access costs, calculated at base period

demand, shall be assigned directly to the trunking basket specified in

Sec. 61.42(d)(3).

(3) Adjustments to local exchange carrier PCIs for the trunking

basket designated in Sec. 61.42(d)(3) shall be made pursuant to the

formula set forth in paragraphs (b)(1) and (2) of this section.

(4) Adjustments to local exchange carrier PCIs for the

interexchange basket designated in Sec. 61.42(d)(4) shall be made

pursuant to the formula set forth in paragraphs (b)(1) and (2) of this

section. Notwithstanding that formula, the value of X for this basket

shall be 3.0 percent.

(5) [Reserved]

(6) Adjustments to local exchange carrier PCIs for the marketing

expense basket designated in Sec. 61.42(d)(6) shall be made pursuant to

the formula set forth in paragraphs (b)(1) and (2) of this section.

(c)(1) In the event that 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 for the common line basket

designated in Sec. 61.42(d)(1) shall be made pursuant to the following

formula:

* * * * *

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, summing the results, and

adding 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,

* * * * *

(2) The ``w[ (GDP-PI-X-(g/2))/(1+(g/2)) ]'' component of the PCI

formula contained in paragraph (c)(1) of this section shall be employed

only in the adjustment made in connection with the annual price cap

filing.

(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).

(d) * * *

(4) * * * For purposes of this Chapter, exogenous cost changes that

are not targeted to a specific price cap service category or

subcategory pursuant to Commission Rule or Order shall be referred to

as ``untargeted exogenous cost changes.''

* * * * *

(i)(1) Notwithstanding the provisions of paragraphs (b) and (c) of

this section, and subject to the limitations of paragraph (j) of this

section, any price cap local exchange carrier that charges a per-minute

interconnection charge pursuant to Sec. 69.124 or Sec. 69.155 of this

chapter during the base year shall not make any reductions to its PCIs

associated with its common line and traffic-sensitive baskets in its

annual access filing for that year. The PCI reductions for the common

line and traffic sensitive baskets that otherwise would be required by

paragraphs (b) and (c) of this section shall be applied to the trunking

basket. These PCI reductions shall be made after the PCI for the

trunking basket described in Sec. 61.42(d)(3) using the PCI formula in

Sec. 61.45(b).

(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 charges a per-minute

interconnection charge pursuant to Sec. 69.155 of this chapter during

the base year shall not make any reductions to its PCI associated with

its marketing expense basket in its annual access filing for the tariff

year. That carrier shall apply the PCI reductions that otherwise would

be required for the marketing expense basket pursuant to paragraph (b)

of this section to the trunking basket. This reduction is to 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 dollar effect of the PCI reductions otherwise applicable to the

common line, traffic-sensitive, and marketing expense baskets, to the

dollar effect of the PCI reduction for the trunking basket.

(j) * * *

(2) exclude the amount of any exogenous adjustments permitted or

required for the common line and traffic sensitive baskets, defined in

Secs. 61.42(d)(1) and (d)(2), from the retargeting adjustment to the

PCI for the trunking basket defined in Sec. 61.42(d)(3).

34. Amend Sec. 61.47 to revise paragraph (e), remove and reserve

paragraph (f), and to revise paragraphs (i)(1) and (i)(2) 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. Except as provided in

paragraphs (g) and (h) of this section, each band shall limit the

pricing flexibility of the service category or subcategory, as

reflected in the SBI, to an annual increase of five percent, 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.

* * * * *

(i)(1) In the event that a price cap local exchange carrier is

imposing an interconnection charge on its access customers pursuant to

Sec. 69.124 and/or 69.155, and to the extent that Secs. 61.45(b) and

61.45(i) require that local exchange carrier to reduce its PCI for its

trunking basket, as defined in Sec. 61.42(d)(3), that carrier is

required to reduce its SBI for

[[Page 49526]]

its interconnection charge service band, as defined in

Sec. 61.42(e)(2)(vi), by an amount proportional to its trunking basket

PCI reduction. This SBI reduction shall be determined by dividing the

sum of the dollar amount of any PCI reduction required by

Sec. 61.45(i), by the dollar amount associated with the SBI for the

interconnection charge service band, and multiplying the SBI for the

interconnection charge service band by one minus the resulting ratio.

(2) Any exogenous cost reduction that is untargeted within the

meaning of Sec. 61.45(d)(4) shall be reflected in other service band

indices for service categories in the traffic sensitive and trunking

baskets as follows:

(i) For all service band indices other than those listed in

paragraphs (ii) and (iii) of this paragraph, untargeted exogenous cost

adjustments shall be reflected pursuant to the following formula:

[GRAPHIC] [TIFF OMITTED] TP16SE98.005

Where

SBIul=the new SBI upper limit;

SBIul(t-1)=the immediately preceding SBI upper limit;

T=the targeted exogenous cost adjustment;

Rsvct-1=R for the service category, where R is calculated by

multiplying base period quantities for each rate element in the service

category by the price for that rate element at the time the PCI was

updated to PCIt-1, and summing the results,

Rbsktt-1=R for the basket, where R is calculated by

multiplying base period quantities for each rate element in the basket

by the base period price for that rate element at the time the PCI was

updated to PCIt-1, and summing the results,

Ubskt=the untargeted exogenous cost reduction to be

associated with the basket.

(ii) For the service band subindices for DS1 and DS3 services

defined in Secs. 61.42(e)(2)(iii) (A) and (B), the 800 data base

vertical features subindex required by Secs. 61.47(g)(4), and the

density pricing zones for voice grade services and tandem-switched

transport permitted by Secs. 61.47(h)(1) (iii) and (iv), untargeted

exogenous cost adjustments shall be reflected pursuant to the following

formula:

[GRAPHIC] [TIFF OMITTED] TP16SE98.006

Where

Rsubsvct-1=R for the service subcategory, where R is

calculated by multiplying base period quantities for each rate element

in the service subcategory by the base period price for that rate

element at the time the PCI was updated to PCIt-1, and

summing the results, and

Usvc=the untargeted exogenous cost reduction to be

associated with the service category.

(iii) For the density pricing zones for DS1 and DS3 services

permitted by Secs. 61.47(h)(1)(i) and (ii), untargeted exogenous cost

adjustments shall be reflected pursuant to the following formula:

[GRAPHIC] [TIFF OMITTED] TP16SE98.007

Where

Rdzt-1=R for the density pricing zone, where R is calculated

by multiplying base period quantities for each rate element in the zone

by the base period price for that rate element at the time the PCI was

updated to PCIt-1, and summing the results, and

Usubsvc=the untargeted exogenous cost reduction to be

associated with the service subcategory.

* * * * *

Sec. 61.48 [Amended]

Amend Sec. 61.48 by removing and reserving paragraphs (a) through

(h), and to remove and reserve paragraph (i)(3)(ii).

36. Amend Sec. 61.49 to revise paragraph (a), revise paragraph (c),

remove and reserve paragraph (f), remove and reserve paragraph (i)(1),

and add new paragraph (l) to read as follows:

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

[[Page 49527]]

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), (g) and (h) must

be accompanied by supporting materials establishing substantial cause

for the proposed rates.

* * * * *

(l) Above the bottom margin of 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 [Reserved]

37. Remove and reserve Sec. 61.50.

38. Remove the undesignated center heading entitled ``Specific

Rules for Tariff Publications'' immediately before Sec. 61.51.

Sec. 61.51 [Reserved]

39. Remove and reserve Sec. 61.51.

Sec. 61.53 [Redesignated]

40. Redesignate Sec. 61.53 as Sec. 61.83.

41. 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), and adding

paragraph (c)(3)(ii) 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) Above the bottom margin of each page, the carrier shall

indicate the transmittal number under which that page was submitted.

Sec. 61.55 [Redesignated]

42. Redesignate Sec. 61.55 as Sec. 61.85.

43. 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.

44. Redesignate Sec. 61.57 as Sec. 61.87, and revise 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 above, 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 above, 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 61.58, as applicable, unless otherwise

authorized by the Commission.

45. Amend Sec. 61.58 as follows:

a. Redesignate paragraph (a)(2) as paragraph (a)(2)(iii), and add

new paragraphs (a)(2)(i) and (ii);

b. Revise paragraph (a)(3);

c. Remove and reserve paragraph (b);

d. Amend paragraph (c) by removing the first sentence of paragraph

(c)(1); removing and reserving paragraph (c)(4); revising paragraph

(c)(5); removing and reserving paragraph (c)(6); revising paragraph

(c)(7); and adding paragraph (c)(8);

e. Remove and reserve paragraph (d);

f. Amend paragraph (e) by revising the paragraph heading,

redesignating paragraph (e)(3) as paragraph (e)(4), and adding new

paragraph (e)(3); and

g. Remove and reserve paragraph (f).

Sec. 61.58 Notice requirements.

(a) * * *

(2) * * *

(i) Local exchange carriers may file tariffs pursuant to 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.

(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 in accordance with the notice requirements specified elsewhere

in this section.

* * * * *

(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) [Reserved]

(c) * * *

(1) For annual adjustments to the PCI, API, and SBI values under

Secs. 61.45, 61.46, and 61.47, respectively, local exchange carrier

tariff filings must be made on not less than 90 days' notice. * * *

* * * * *

[[Page 49528]]

(4) [Reserved]

(5) Tariff filings involving a change in rate structure of a

service included in a basket listed in Sec. 61.42(d), or the

introduction of a new service within the scope of Sec. 61.42(g), must

be made on at least 45 days' notice.

(6) [Reserved]

(7) The required notice for tariff filings involving services

included in Sec. 61.42(f), or tariff filings involving changes in

tariff regulations, shall be that required in connection with such

filings by dominant carriers that are not subject to price cap

regulation.

(8) Carriers electing price cap regulation under Sec. 61.41(a)(3)

of this part in a year after 1991 shall file cost support for its

initial price cap tariffs pursuant to Sec. 61.49(k) of this chapter at

least 90 days prior to July 1, and shall file its initial price cap

tariff to be effective on July 1 of the year of election. Each PCI,

API, and SBI shall be assigned an initial value prior to adjustment of

100, corresponding to the costs and rates in effect as of January 1 of

the year of election.

(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 90

days' notice.

* * * * *

(f) [Reserved]

46. Redesignate the text of Sec. 61.59 as 61.59(a), revise

redesignated paragraph (a), and add new paragraphs (b) and (c) 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.

47. Designate Secs. 61.67 through 61.74, and redesignated

Secs. 61.83, 61.85, 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.

48. 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]

49. Remove Sec. 61.67.

50. 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.

51. 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.

52. 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:

(i) The tariff must contain a general description of the service

offering, including basic parameters and structural elements of the

offering;

(ii) 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;

(iii) The tariff indicates where the technical publication can be

obtained;

(iv) The referenced technical publication is publicly available

before the tariff is scheduled to take effect; and

(v) The issuing carrier regularly revises its tariff to refer to

the current edition of the referenced technical publication.

53. Add Sec. 61.77 to subpart F to read as follows:

Sec. 61.77 Combined domestic and international tariffs prohibited.

No tariff publication filed with the Commission may include rates,

terms, or conditions for both domestic and international services.

54. Remove the undesignated center heading ``Concurrences''

immediately before Sec. 61.131.

55. Designate Secs. 61.131 through 61.136 as subpart G, and add a

subpart heading entitled ``Subpart G--Concurrences'' immediately

preceding Sec. 61.131.

56. 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.

57. Remove the undesignated center heading ``Applications for

Special Permission'' immediately preceding Sec. 61.151.

58. 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.

59. Amend Sec. 61.153(b) 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 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

[[Page 49529]]

appropriate fee to the Mellon Bank, Pittsburgh, PA at the address set

forth in Sec. 1.1105 of this chapter. Issuing carriers submitting

tariff 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.

* * * * *

60. Remove the undesignated center heading ``Adoption of Tariffs

and Other Documents of Predecessor Carriers'' immediately preceding

Sec. 61.171.

61. 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.

62. Remove the undesignated center heading ``Suspensions''

immediately preceding Sec. 61.191.

63. Designate Secs. 61.191 through 61.193 as subpart J, and add a

subpart heading entitled ``Subpart J--Suspensions'' immediately

preceding Sec. 61.191.

64. 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.

65. 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

66. 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.

67. 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

68. 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]

69. In Sec. 69.2, remove and reserve paragraph (tt).

70. 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.

* * * * *

Sec. 69.111 [Amended]

71. Amend Sec. 69.111(g)(4), by removing ``Sec. 61.43(e)(2)(v)''

and adding, in its place, ``Sec. 61.42(e)(2)(v)'', and by removing

``Sec. 61.43(e)(2)(vi)'' and adding, in its place,

``Sec. 61.42(e)(2)(vi)''.

[[Page 49530]]

Sec. 69.113 [Amended]

72. In Sec. 69.113(c), remove the word ``Sec. 61.3(v)'' and add, in

its place, the word ``Sec. 61.3(x)''.

Sec. 69.114 [Amended]

73. In Sec. 69.114(a), remove the word ``Sec. 61.3(v)'' and add, in

its place, the word ``Sec. 61.3(x)''.

[FR Doc. 98-24742 Filed 9-15-98; 8:45 am]

BILLING CODE 6712-01-P