Goto Section: 69.2 | 69.4 | Table of Contents
FCC 69.3
Revised as of October 1, 2008
Goto Year:2007 |
2009
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.
(b) The requirements imposed by paragraph (a) of this section shall not
preclude the filing of revisions to those annual tariffs that will become
effective on dates other than July 1.
(c) Any access service tariff filing, the filing of any petitions for
rejection, investigation or suspension and the filing of any responses to
such petitions shall comply with the applicable rules of this Commission
relating to tariff filings.
(d) The association shall file a tariff as agent for all telephone companies
that participate in an association tariff.
(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:
(1) Such a tariff must cross reference association charges for the Carrier
Common Line and End User Common Line element or elements if such company or
companies participate in the pooling of revenues and revenue requirements
for such elements.
(2) Such a tariff that cross-references an association charge for any end
user access element must cross-reference association charges for all end
user access elements;
(3) Such a tariff that cross-references an association charge for any
carrier's carrier access element other than the Carrier Common Line element
must cross-reference association charges for all carrier's carrier access
charges other than the Carrier Common Line element;
(4) Except for charges subject to price cap regulation as that term is
defined in Sec. 61.3(v) of this chapter, any charge in such a tariff that is not
an association charge must be computed to reflect the combined investment
and expenses of all companies that participate in such a charge;
(5) A telephone company or companies that elect to file such a tariff for
1984 access charges shall notify AT&T on or before the 40th day after the
release of the Commission order adopting this part;
(6) A telephone company or companies that elect to file such a tariff shall
notify the association not later than March 1 of the year the tariff becomes
effective, 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.
(7) Such a tariff shall not contain charges for any access elements that are
disaggregated or deaveraged within a study area that is used for purposes of
jurisdictional separations, except as otherwise provided in this chapter.
(8) Such a tariff shall not contain charges included in the billing and
collection category.
(9) A telephone company or group of affiliated telephone companies that
elects to file its own Carrier Common Line tariff pursuant to paragraph (a)
of this section shall notify the association not later than March 1 of the
year the tariff becomes effective that it will no longer participate in the
association tariff. A telephone company or group of affiliated telephone
companies that elects to file its own Carrier Common Line tariff for one of
its study areas shall file its own Carrier Common Line tariff(s) for all of
its study areas.
(10) Any data supporting a tariff that is not an association tariff shall be
consistent with any data that the filing carrier submitted to the
association.
(11) Any changes in Association common line tariff participation and Long
Term and Transitional Support resulting from the merger or acquisition of
telephone properties are to be made effective on the next annual access
tariff filing effective date following consummation of the merger or
acquisition transaction, in accordance with the provisions of Sec. 69.3(e)(9).
(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.
(g) The following rules apply to telephone company participation in the
Association common line pool for telephone companies involved in a merger or
acquisition.
(1) Notwithstanding the requirements of Sec. 69.3(e)(9), any Association common
line tariff participant that is party to a merger or acquisition may
continue to participate in the Association common line tariff.
(2) Notwithstanding the requirements of Sec. 69.3(e)(9), any Association common
line tariff participant that is party to a merger or acquisition may include
other telephone properties involved in the transaction in the Association
common line tariff, provided that the net addition of common lines to the
Association common line tariff resulting from the transaction in not greater
than 50,000, and provided further that, if any common lines involved in a
merger or acquisition are returned to the Association common line tariff,
all of the common lines involved in the merger or acquisition must be
returned to the Association common line tariff.
(3) Telephone companies involved in mergers or acquisitions that wish to
have more than 50,000 common lines reenter the Association common line pool
must request a waiver of Sec. 69.3(e)(9). If the telephone company has met all
other legal obligations, the waiver request will be deemed granted on the
sixty-first (61st) day from the date of public notice inviting comment on
the requested waiver unless:
(i) The merger or acquisition involves one or more partial study areas;
(ii) The waiver includes a request for confidentiality of some or all of the
materials supporting the request;
(iii) The waiver includes a request to return only a portion of the
telephone properties involved in the transaction to the Association common
line tariff;
(iv) The Commission rejects the waiver request prior to the expiration of
the sixty-day period;
(v) The Commission requests additional time or information to process the
waiver application prior to the expiration of the sixty-day period; or
(vi) A party, in a timely manner, opposes a waiver request or seeks
conditional approval of the waiver in response to our public notice of the
waiver request.
(h) Local exchange carriers subject to price cap regulation as that term is
defined in Sec. 61.3(ee) 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.
(1) In addition to the withdrawal provisions of paragraphs (e)(6) and (e)(9)
of this section, a telephone company or group of affiliated companies that
participates in one or more association tariffs during the current tariff
year and that elects to file price cap tariffs or optional incentive
regulation tariffs effective July 1 of the following tariff year shall
notify the association by March 1 of the following tariff year that it is
withdrawing from association tariffs, subject to the terms of this section,
to participate in price cap regulation or optional incentive regulation.
(2) The Association shall maintain records of such withdrawals sufficient to
discharge its obligations under these Rules and to detect efforts by such
companies or their affiliates to rejoin any Association tariffs in violation
of the provisions of paragraph (i)(4) of this section.
(3) Notwithstanding the provisions of paragraphs (e) (3), (6), and (9) of
this section, in the event a telephone company withdraws from all
Association tariffs for the purpose of filing price cap tariffs or optional
incentive plan tariffs, such company shall exclude from such withdrawal all
“average schedule” affiliates and all affiliates so excluded shall be
specified in the withdrawal. However, such company may include one or more
“average schedule” affiliates in price cap regulation or optional incentive
plan regulation provided that each price cap or optional incentive plan
affiliate relinquishes “average schedule” status and withdraws from all
Association tariffs and any tariff filed pursuant to Sec. 61.39(b)(2) of this
chapter. See generally Sec. Sec. 69.605(c), 61.39(b) of this chapter; MTS and WATS
Market Structure: Average Schedule Companies, Report and Order, 103 FCC 2d
1026–1027 (1986).
(4) If a telephone company elects to withdraw from Association tariffs and
thereafter becomes subject to price cap regulation as that term is defined
in Sec. 61.3(v) of this chapter, neither such telephone company nor any of its
withdrawing affiliates shall thereafter be permitted to participate in any
Association tariffs.
(j) [Reserved]
(47 U.S.C. 154 (i) and (j), 201, 202, 203, 205, 218 and 403 and 5 U.S.C.
553)
[ 48 FR 10358 , Mar. 11, 1983, as amended at 48 FR 43017 , Sept. 21, 1983; 50 FR 41356 , Oct. 10, 1985; 51 FR 6119 , Feb. 20, 1986; 51 FR 42236 , Nov. 24,
1986; 52 FR 21540 , June 8, 1987; 52 FR 37310 , Oct. 6, 1987; 53 FR 36289 ,
Sept. 19, 1988; 54 FR 39534 , Sept. 27, 1989; 55 FR 6990 , Feb. 28, 1990; 55 FR 42385 , Oct. 19, 1990; 55 FR 50558 , Dec. 7, 1990; 58 FR 36149 , July 6,
1993; 64 FR 46593 , Aug. 26, 1999; 64 FR 51266 , Sept. 22, 1999; 65 FR 57743 ,
Sept. 26, 2000; 65 FR 64894 , Oct. 31, 2000]
Goto Section: 69.2 | 69.4
Goto Year: 2007 |
2009
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