§ 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]

   return arrow Back to Top