FCC 1.773 as of October 1, 2008

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FCC 1.773
Revised as of October 1, 2008
Goto Year:2007 | 2009

Sec. 1.773 Petitions for suspension or rejection of new tariff filings.

(a) Petition —(1) Content. Petitions seeking investigation, suspension, or
rejection of a new or revised tariff filing or any provision thereof shall
specify the filing's Federal Communications Commission tariff number and
carrier transmittal number, the items against which protest is made, and the
specific reasons why the protested tariff filing warrants investigation,
suspension, or rejection under the Communications Act. No petition shall
include a prayer that it also be considered a formal complaint. Any formal
complaint shall be filed as a separate pleading as provided in Sec. 1.721.

(i) Petitions seeking investigation, suspension, or rejection of a new or
revised tariff filing or any provision of such a publication, must specify
the pertinent Federal Communications Commission tariff number and carrier
transmittal number; the matters protested; and the specific reasons why the
tariff warrants investigation, suspension, or rejection. When a single
petition asks for more than one form of relief, it must separately and
distinctly plead and support each form of relief. However, no petition may
ask that it also be considered a formal complaint. Formal complaints must be
separately lodged, as provided in Sec. 1.721.

(ii) For purposes of this section, tariff filings by nondominant carriers
will be considered prima facie lawful, and will not be suspended by the
Commission unless the petition requesting suspension shows:

(A) That there is a high probability the tariff would be found unlawful
after investigation;

(B) That the harm alleged to competition would be more substantial than the
injury to the public arising from the unavailability of the service pursuant
to the rates and conditions proposed in the tariff filing;

(D) That the suspension would not otherwise be contrary to the public
interest.

(iii) For the purpose of this section, any tariff filing by a local exchange
carrier filed pursuant to the requirements of Sec. 61.39 will be considered
prima facie lawful and will not be suspended by the Commission unless the
petition requesting suspension shows that the cost and demand studies or
average schedule information was not provided upon reasonable request. If
such a showing is not made, then the filing will be considered prima facie
lawful and will not be suspended by the Commission unless the petition
requesting suspension shows each of the following:

(A) That there is a high probability the tariff would be found unlawful
after investigation;

(B) That any unreasonable rate would not be corrected in a subsequent
filing;

(D) That the suspension would not otherwise be contrary to the public
interest.

(iv) For the purposes of this section, tariff filings made pursuant to
Sec. 61.49(b) by carriers subject to price cap regulation will be considered
prima facie lawful, and will not be suspended by the Commission unless the
petition shows that the support information required in Sec. 61.49(b) was not
provided, or unless the petition requesting suspension shows each of the
following:

(A) That there is a high probability the tariff would be found unlawful
after investigation;

(B) That the suspension would not substantially harm other interested
parties;

(D) That the suspension would not otherwise be contrary to the public
interest.

(v) For the purposes of this section, any tariff filing by a price cap LEC
filed pursuant to the requirements of Sec. 61.42(d)(4)(ii) of this chapter will
be considered prima facie lawful, and will not be suspended by the
Commission unless the petition requesting suspension shows each of the
following:

(A) That there is a high probability the tariff would be found unlawful
after investigation;

(B) That any unreasonable rate would not be corrected in a subsequent
filing;

(D) That the suspension would not otherwise be contrary to the public
interest.

(2) When filed. All petitions seeking investigation, suspension, or
rejection of a new or revised tariff filing shall meet the filing
requirements of this paragraph. In case of emergency and within the time
limits provided, a telegraphic request for such relief may be sent to the
Commission setting forth succinctly the substance of the matters required by
paragraph (a)(1) of this section. A copy of any such telegraphic request
shall be sent simultaneously to the Chief, Wireline Competition Bureau, the
Chief, Pricing Policy Division, and the publishing carrier. Thereafter, the
request shall be confirmed by petition filed and served in accordance with
Sec. 1.773(a)(4).

(i) Petitions seeking investigation, suspension, or rejection of a new or
revised tariff filed pursuant to section 204(a)(3) of the Communications Act
made on 7 days notice shall be filed and served within 3 calendar days after
the date of the tariff filing.

(ii) Petitions seeking investigation, suspension, or rejection of a new or
revised tariff filing made on less than 15 days notice shall be filed and
served within 6 days after the date of the tariff filing.

(iii) Petitions seeking investigation, suspension, or rejection of a new or
revised tariff filing made on at least 15 but less than 30 days notice shall
be filed and served within 7 days after the date of the tariff filing.

(iv) Petitions seeking investigation, suspension, or rejection of a new or
revised tariff filing made on at least 30 but less than 90 days notice shall
be filed and served within 15 days after the date of the tariff filing.

(v) Petitions seeking investigation, suspension, or rejection of a new or
revised tariff filing mode on 90 or more days notice shall be filed and
served within 25 days after the date of the tariff filing.

(3) Computation of time. Intermediate holidays shall be counted in
determining the above filing dates. If the date for filing the petition
falls on a holiday, the petition shall be filed on the next succeeding
business day.

(4) Copies, service. An original and four copies of each petition shall be
filed with the Commission as follows: The original and three copies of each
petition shall be filed with the Secretary, 236 Massachusetts Ave., NE.,
Washington, DC 20002; one copy must be delivered directly to the
Commission's copy contractor. Additional, separate copies shall be served
simultaneously upon the Chief, Wireline Competition Bureau; and the Chief,
Pricing Policy Division. Petitions seeking investigation, suspension, or
rejection of a new or revised tariff made on 15 days or less notice shall be
served either personally or via facsimile on the filing carrier. If a
petition is served via facsimile, a copy of the petition must also be sent
to the filing carrier via first class mail on the same day of the facsimile
transmission. Petitions seeking investigation, suspension, or rejection of a
new or revised tariff filing made on more than 15 days notice may be served
on the filing carrier by mail.

(b) Reply —(1) When filed. A publishing carrier's reply to a petition for
relief from a tariff filing shall be filed in accordance with the following
periods:

(i) Replies to petitions seeking investigation, suspension, or rejection of
a new or revised tariff filed pursuant to section 204(a)(3) of the Act made
on 7 days notice shall be filed and served within 2 days after the date the
petition is filed with the Commission.

(ii) Replies to petitions seeking investigation, suspension, or rejection of
a new or revised tariff filing made on less than 15 days notice shall be
filed and served within 3 days after the date the petition is due to be
filed with the Commission.

(iii) Replies to petitions seeking investigation, suspension, or rejection
of a new or revised tariff filing made on at least 15 but less than 30 days
notice shall be filed and served within 4 days after service of the
petition.

(iv) Replies to petitions seeking investigation, suspension, or rejection of
a new or revised tariff filing made on at least 30 but less than 90 days
notice shall be filed and served within 5 days after service of the
petition.

(v) Replies to petitions seeking investigation, suspension, or rejection of
a new or revised tariff filing made on 90 or more days notice shall be filed
and served within 8 days after service of the petition.

(vi) Where all petitions against a tariff filing have not been filed on the
same day, the publishing carrier may file a consolidated reply to all the
petitions. The time for filing such a consolidated reply will begin to run
on the last date for timely filed petitions, as fixed by paragraphs (a)(2)
(i) through (iv) of this section, and the date on which the consolidated
reply is due will be governed by paragraphs (b)(1) (i) through (iv) of this
section.

(2) Computation of time. Intermediate holidays shall be counted in
determining the 3-day filing date for replies to petitions seeking
investigation, suspension, or rejection of a new or revised tariff filing
made on less than 15 days notice. Intermediate holidays shall not be counted
in determining filing dates for replies to petitions seeking investigation,
suspension, or rejection of a new or revised tariff filing made on 15 or
more days notice. When a petition is permitted to be served upon the filing
carrier by mail, an additional 3 days (counting holidays) may be allowed for
filing the reply. If the date for filing the reply falls on a holiday, the
reply may be filed on the next succeeding business day.

(3) Copies, service. An original and four copies of each reply shall be
filed with the Commission, as follows: the original and three copies must be
filed with the Secretary, 236 Massachusetts Ave., NE., Washington, DC 20002;
one copy must be delivered directly to the Commission's copy contractor.
Additional separate copies shall be served simultaneously upon the Chief,
Wireline Competition Bureau, the Chief, Pricing Policy Division and the
petitioner. Replies to petitions seeking investigation, suspension, or
rejection of a new or revised tariff made on 15 days or less notice shall be
served on petitioners personally or via facsimile. Replies to petitions
seeking investigation, suspension, or rejection of a new or revised tariff
made on more than 15 days notice may be served upon petitioner personally,
by mail or via facsimile.

[ 45 FR 64190 , Sept. 29, 1980, as amended at 49 FR 40876 , Oct. 18, 1984; 49 FR 49466 , Dec. 20, 1984; 52 FR 26682 , July 16, 1987; 54 FR 19840 , May 8,
1989; 58 FR 17529 , Apr. 5, 1993; 58 FR 51247 , Oct. 1, 1993; 62 FR 5777 , Feb.
7, 1997; 64 FR 51264 , Sept. 22, 1999; 65 FR 58466 , Sept. 29, 2000; 67 FR 13223 , Mar. 21, 2002; 71 FR 15618 , Mar. 29, 2006]

Goto Section: 1.772 | 1.774

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