§ 61.58   Notice requirements.

   (a) Every proposed tariff filing must bear an effective date and, except as
   otherwise provided by regulation, special permission, or Commission order,
   must  be  made on at least the number of days notice specified in this
   section.

   (1) Notice is accomplished by filing the proposed tariff changes with the
   Commission. Any period of notice specified in this section begins on and
   includes the date the tariff is received by the Commission, but does not
   include the effective date. If a tariff filing proposes changes governed by
   more than one of the notice periods listed below, the longest notice period
   will apply. In computing the notice period required, all days including
   Sundays and holidays must be counted.

   (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.

   (ii) Local exchange carriers may elect not to file tariffs pursuant to
   section 204(a)(3) of the Communications Act. For dominant carriers, any such
   tariffs  shall  be  filed on at least 16 days' notice. For nondominant
   carriers, any such tariffs shall be filed on at least one days' notice.

   (iii)  Except  for  tariffs filed pursuant to section 204(a)(3) of the
   Communications Act, the Chief, Wireline Competition 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 § 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 § 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.

   (4)  This  subsection applies only to dominant carriers. If the tariff
   publication would increase any rate or charge, or would effectuate and
   authorized discountinuance, reduction or other impairment of service to any
   customer, the offering carrier must inform the affected customers of the
   content of the tariff publication. Such notification should be made in a
   form appropriate to the circumstance, and may include written notification,
   personal contact, or advertising in newspapers of general circulation.

   (b) Tariffs for new services filed by price cap local exchange carriers
   shall be filed on at least one day's notice.

   (c)  Contract-based tariffs filed by price cap local exchange carriers
   pursuant to § 69.727(a) of this chapter shall be filed on at least one day's
   notice.

   (d)(1) A price cap local exchange carrier that is filing a tariff revision
   to  remove its corridor or interstate intraLATA toll services from its
   interexchange basket pursuant to § 61.42(d)(4)(ii) shall submit such filing
   on at least fifteen days' notice.

   (2) A price cap local exchange carrier that has removed its corridor and
   interstate intraLATA toll services from its interexchange basket pursuant to
   § 61.42(d)(4)(ii)  shall file subsequent tariff filings for corridor or
   interstate intraLATA toll services on at least one day's notice.

   (e)  Non-price cap local exchange carriers and/or services. (1) Tariff
   filings in the instances specified in paragraphs (e)(1) (i), (ii), and (iii)
   of this section by dominant carriers must be made on at least 15 days'
   notice.

   (i) Tariffs filed in the first instance by new carriers.

   (ii) Tariffs filings involving new rates and regulations not previously
   filed at, from, to or via points on new lines; at, from to or via new radio
   facilities; or for new points of radio communication.

   (iii) Tariff filings involving a change in the name of a carrier, a change
   in Vertical or Horizontal coordinates (or other means used to determine
   airline mileages), a change in the lists of mileages, a change in the lists
   of connecting, concurring or other participating carriers, text changes, or
   the imposition of termination charges calculated from effective tariff
   provisions. The imposition of termination charges does not include the
   initial filing of termination liability provisions.

   (2) Tariff filings involving a change in rate structure, a new offering, or
   a rate increase must be made on at least 45 days' notice.

   (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.

   (4) All tariff filings not specifically assigned a different period of
   public notice in this part must be made on at least 35 days' notice.

   (f) All tariff filings of domestic and international non-dominant carriers
   must be made on at least one days' notice.

   [ 49 FR 40869 , Oct. 18, 1984, as amended at  54 FR 19844 , May 8, 1989;  55 FR 42384 , Oct. 19, 1990;  56 FR 1500 , Jan. 15, 1991;  56 FR 5956 , Feb. 14, 1991;
    56 FR 55239 , Oct. 25, 1991;  58 FR 36149 , July 6, 1993;  59 FR 10304 , Mar. 4,
   1994;  62 FR 5778 , Feb. 7, 1997;  64 FR 46591 , Aug. 26, 1999;  64 FR 51266 ,
   Sept. 22, 1999;  67 FR 13228 , Mar. 21, 2002;  76 FR 43216 , July 20, 2011]

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