§  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 § 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 § 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;

   (C) That irreparable injury will result if the tariff filing is not
   suspended; and

   (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 § 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;

   (C) That irreparable injury will result if the tariff filing is not
   suspended; and

   (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
   § 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 § 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;

   (C) That irreparable injury will result if the tariff filing is not
   suspended; and

   (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 § 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;

   (C) That irreparable injury will result if the tariff filing is not
   suspended; and

   (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 § 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]