Sec. 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) Except for tariffs filed pursuant to section 204(a)(3) of the 
Communications Act, the Chief, Common Carrier Bureau, may require the 
deferral of the effective date of any tariff 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 Sec. 1.773 
of this chapter have been filed.
    (3) Tariff filings proposing corrections must be made on at least 3 
days' notice, and may be filed notwithstanding the provisions of 
Sec. 61.59. Corrections to tariff materials not yet effective cannot 
take effect before the effective date of the original material.

[[Page 131]]

    (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) Non-dominant carriers. Tariff filings of non-dominant carriers 
must be made on at least 14 days' notice.
    (c) Carriers subject to price cap regulation. This paragraph applies 
only to carriers subject to price cap regulation. Such carriers must 
file tariffs according to the following notice periods.
    (1) For annual adjustments to the PCI, API, and SBI values under 
Secs. 61.44, 61.46, and 61.47, respectively, dominant interexchange 
carrier filings must be made on at least 45 days' notice. For annual 
adjustments to the PCI, API, and SBI values under Secs. 61.45, 61.46, 
and 61.47, respectively, local exchange carrier tariff filings must be 
made on not less than 90 days' notice.
    (2) Tariff filings that do not cause any API to exceed any 
applicable PCI pursuant to calculations provided for in Sec. 61.46 of 
this part, and that do not cause any SBI to exceed its banding 
limitations established in Sec. 61.47 of this part, must be made on at 
least 14 days' notice, provided that the tariff filing is restricted to 
one or more of the following changes to the tariff:
    (i) Alters only a rate level;
    (ii) Adds a geographic location;
    (iii) Eliminates a rate element; or
    (iv) Changes the number or size of taper points in a volume discount 
plan without changing the initial volume quantity associated with the 
lowest discount level or the highest volume quantity associated with the 
highest discount level.
    (3) Tariff filings that will cause any API to exceed its applicable 
PCI pursuant to calculations provided for in Sec. 61.46 of this part, 
that will cause any SBI to exceed its upper banding limitations 
established in Sec. 61.47 (e), (f)(1), (g), and (h) of this part, or 
that will cause the composite average residential rate to exceed its 
limitation on upward pricing flexibility established in Sec. 61.47(f)(2) 
of this part, must be made on at least 120 days' notice, or such other 
maximum period of notice permitted by section 203(b) of the 
Communications Act, regardless of whether petitions under Sec. 1.773 of 
the Commission's Rules have been filed.
    (4) Tariff filings that will cause any SBI to decrease below its 
lower banding limit established in Sec. 61.47 (e), (g), and (h), must be 
made on at least 45 days' notice.
    (5) Tariff filings involving a change in rate structure of a service 
included in a basket listed in Sec. 61.42(a) or Sec. 61.42(d), or the 
introduction of a new service within the scope of Sec. 61.42(g), must be 
made on at least 45 days' notice.
    (6) Tariff filings involving services included in Sec. 61.42(c), 
except for services included in Sec. 61.42 (c)(1), (c)(4), and (c)(10), 
must be made on at least 14 days notice.
    (7) The required notice for services included in Sec. 61.42 (c)(1), 
(c)(4), and (c)(10), tariff filings involving services included in 
Sec. 61.42(f), or tariff filings involving changes in tariff 
regulations, other than tariff regulations for services described in 
paragraph (c)(6), shall be that required in connection with such filings 
by dominant carriers that are not subject to price cap regulation.
    (d) Tariffs filed pursuant to section 204(a)(3) of the 
Communications Act. Local exchange carriers filing tariffs pursuant to 
section 204(a)(3) of the Communications Act may file the tariff 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 of 
service other than a rate change, shall be filed on 15-days' notice.
    (e) Carriers subject to optional incentive regulation. Paragraph (e) 
of this section applies only to carriers subject to Sec. 61.50. Such 
carriers must file tariffs according to the following notice periods:
    (1) For initial and renewal tariff filings whose effective date 
coincides with the start of any two-year tariff

[[Page 132]]

period as defined in Sec. 69.3(f) of this chapter, filings must be made 
on not less than 90 days' notice.
    (2) For rate revisions made pursuant to Sec. 61.50 (g) and (i), and 
Sec. 61.39(d), tariff filings must be made on not less than 14 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]