[Federal Register Volume 63, Number 179 (Wednesday, September 16, 1998)]
[Proposed Rules]
[Pages 49520-49530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24742]


=======================================================================
-----------------------------------------------------------------------

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