1998 Biennial Regulatory Review

Federal RegisterAug 26, 1999

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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,

[[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.

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.

* * * * *

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.

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

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.

* * * * *

(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.

* * * * *

(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.

* * * * *

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;

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.

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.

* * * * *

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.

* * * * *

(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

must indicate the name of the carrier and tariff number where the

canceled material had been found.

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.

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.

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.

* * * * *

(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).

* * * * *

(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

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