[Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)]
[Rules and Regulations]
[Pages 52865-52866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25144]



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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 43 and 61

[CC Docket No. 93-36; FCC 95-399]


Tariff Filing Requirements for Nondominant Carriers

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: By this action, the Commission reinstates those tariff filing 
requirements adopted in the Nondominant Filing Order that were not 
addressed in the Court of Appeals' decision vacating that Order. In 
accordance with the court's decision, the Commission amends its rules 
to remove the provision that had permitted domestic, nondominant common 
carriers to file tariffs containing rates expressed in a manner of the 
carrier's choosing, including as a reasonable range of rates. The 
Commission also denies a petition for partial reconsideration of the 
Nondominant Filing Order and dismisses an application for stay of a 
portion of that Order as moot. Finally, by this action, the Commission 
amends its rules to delete references to the Commission's forbearance 
policy that are inconsistent with earlier court decisions vacating that 
policy and to implement changes to the Nondominant Filing Order, which 
were erroneously omitted from the Code of Federal Regulations.

EFFECTIVE DATE: March 11, 1996.

FOR FURTHER INFORMATION CONTACT:
Katherine Schroder, (202) 418-1530.

SUPPLEMENTARY INFORMATION: In 1993 the Commission adopted streamlined 
tariff filing requirements for domestic, nondominant common carriers in 
the Nondominant Filing Order, 58 FR 44457, August 23, 1993. On January 
20, 1995, the United States Court of Appeals for the District of 
Columbia Circuit vacated the Commission's Nondominant Filing Order. The 
court concluded that the Commission's rule permitting domestic 
nondominant carriers to file tariffs containing rates expressed in any 
manner of the carrier's choosing, including as a reasonable range of 
rates violates the Communications Act of 1934. The Commission now 
interprets the court's decision as invalidating only the range of rates 
provisions adopted in the Nondominant Filing Order, and reinstates the 
other tariff filing rules for domestic, nondominant common carriers 
adopted in that Order.
    The Commission denies a petition filed by Ad Hoc Telecommunications 
Users Committee seeking reconsideration of the one-day notice period 
established in the Nondominant Filing Order. The Commission dismisses 
as moot an application for stay, filed by AT&T Communications, pending 
appellate review of that portion of the Order that authorized domestic, 
nondominant common carriers to file ranges of rates in their tariffs. 
In light of the court's ruling on ranges of rates, the Commission 
dismisses as moot the application for stay. Because no further purpose 
would be served by keeping CC Docket No. 93-36 open, the Commission 
terminates this proceeding.
    The Commission also amends Section 43.51(a) to incorporate changes 
to the rule made by an erratum to the Nondominant Filing Order, which 
were not reflected in the Code of Federal Regulations. Finally, the 
Commission takes this opportunity to delete references to forbearance 
in Section 43.51(b), thereby conforming that section with earlier court 
decisions invalidating the Commission's forbearance policy.
    The full text of this item is available for inspection and copying 
during normal business hours in the FCC Reference Center (Room 239) of 
the Federal Communications Commission, 1919 M Street, NW., Washington, 
DC 20554. The complete text of this decision may also be purchased from 
the Commission's duplicating contractor, International Transcription 
Service, Inc., 2100 M Street, NW., Suite 140, Washington, DC 20037, 
(202) 857-3800.

Paperwork Reduction Act

    Public burden for the collections of information is estimated to 
average 10.5 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and 

[[Page 52866]]
completing and reviewing the collections of information. Send comments 
regarding this burden estimate or any other aspect of the collection of 
information, including suggestion for reducing the burden, to the 
Federal Communications Commission, Records Management Branch, Paperwork 
Reduction Project (3060-0540), Washington, DC 20554 and to the Office 
of Management and Budget, Paperwork Reduction Project (3060-0540), 
Washington, DC 20503.

 List of Subjects

47 CFR Part 43

    Communications common carriers, Reporting and recordkeeping 
requirements, Telephone.

47 CFR Part 61

    Communications common carriers, Reporting and recordkeeping 
requirements, Telephone.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Changes

    Parts 43 and 61 of Title 47 of the Code of Federal Regulations are 
amended as follows:

PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN 
AFFILIATES

    1. The authority citation for Part 43 continues to read as follows:

    Authority: Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154, 
unless otherwise noted. Interpret or apply secs. 211, 219, 220, 48 
Stat. 1073, 1077, as amended; 47 U.S.C. 211, 219, 220.

    2. Section 43.51 is amended by revising paragraph (a) introductory 
text and paragraph (b) to read as follows:


Sec. 43.51  Contracts and concessions.

    (a) Any communications common carrier that: is engaged in domestic 
communications and has not been classified as nondominant pursuant to 
Sec. 61.3 of this chapter or is engaged in foreign communications, and 
enters into a contract with another carrier, including an operating 
agreement with a communications entity in a foreign point for the 
provision of a common carrier service between the United States and 
that point; must file with the Commission, within thirty (30) days of 
execution, a copy of each contract, agreement, concession, license, 
authorization, operating agreement or other arrangement to which it is 
a party and amendments thereto with respect to the following:
* * * * *
    (b) If the agreement referred to in this section is made other than 
in writing, a certified statement covering all details thereof must be 
filed by at least one of the parties to the agreement. Each other party 
to the agreement which is also subject to these provisions may, in lieu 
of also filing a copy of the agreement, file a certified statement 
referencing the filed document. The Commission may, at any time and 
upon reasonable request, require any communication common carrier 
classified as nondominant, and therefore not subject to the provisions 
of this section, to submit the documents referenced in this section.
* * * * *

PART 61--TARIFFS

    3. The authority citation for Part 61 continues to read as follows:

    Authority: Secs. 1, 4(i), 4(j), 201-205, and 403 of the 
Communications Act of 1934, as amended; 47 U.S.C. 151, 154(i), 
154(j), 201-205, and 403, unless otherwise noted.


Sec. 61.22  [Amended]

    4. Section 61.22(b) is amended by removing the second sentence.

[FR Doc. 95-25144 Filed 10-10-95; 8:45 am]
BILLING CODE 6712-01-M