[Federal Register Volume 64, Number 165 (Thursday, August 26, 1999)]
[Rules and Regulations]
[Pages 46584-46594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21721]


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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, 
as

[[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.
    (c) Tariff publications will not be returned.
    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.

* * * * *
    (c) In addition, if a carrier applies for special permission to 
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.
    (c) Carriers that are nondominant in the provision of domestic, 
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 
(c) to read as follows:


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.
* * * * *
    (c) In addition to the requirements set forth in paragraphs (a) and 
(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.
* * * * *
    (c) * * *
    (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.

* * * * *
    (c) All tariff filings of domestic and international non-dominant 
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;
    (c) The issuing carrier must specifically identify in its tariff 
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.
    (c) Other than the notice and cost support requirements set forth 
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.
* * * * *
    (c) Each price cap tariff filing that proposes rates above the 
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.
* * * * *
    (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) 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 
(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 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.
    (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.


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.
    (c) Any issuing carrier that is an incumbent local exchange 
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.

* * * * *
    (c) * * *
    (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).

* * * * *
    (c) * * *
    (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