# 1998 Biennial Regulatory Review

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URL: https://www.frixlaw.com/law-library/documents/fr%3A98-24742

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** September 16, 1998
- **Citation:** 63 FR 49520

## Text

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.

-----------------------------------------------------------------------

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-24742. Public record. Not legal advice.