*Pages 1--4 from Microsoft Word - 13102.doc* Federal Communications Commission DA 01- 2748 1 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) December 17, 2001 ) CCB/ CPD 01- 23 MAG Access Charge Tariff Filings ) ORDER Adopted: November 26, 2001 Released: November 26, 2001 Tariff Filings Due: December 17, 2001 Petitions Due: 12: 00 noon Eastern Time, December 24, 2001 Replies Due: 12: 00 noon Eastern Time, December 28, 2001 By the Chief, Competitive Pricing Division: I. INTRODUCTION 1. This Order establishes procedures for the filing of access charge tariffs by incumbent local exchange carriers (ILECs) subject to rate- of- return regulation pursuant to the MAG Order. 1 This Order specifies the date on which tariffs must be filed, the date and time for filing petitions to suspend or reject the ILEC tariffs, the date on which replies to any such petitions must be filed, the procedures for service of petitions and replies, as well as specific procedures for the tariff filings. All correspondence and comments in connection with these filings should be designated in reference to December 17, 2001 MAG Access Charge Tariff Filings, CCB/ CPD 01- 23. II. DISCUSSION A. Tariff Filing Dates and Procedures 2. Pursuant to Section 204( a)( 3) of the Communications Act of 1934, as amended, 2 tariffs involving rate increases will be deemed lawful if they are filed on fifteen days’ notice, and tariffs involving only rate reductions will be deemed lawful if they are filed on seven days’ notice. In order to be effective January 1, 2002, a tariff filed on seven days’ notice would have to be filed on Tuesday, December 25, 2001. The Federal Communications Commission, however, is closed on December 25, in observance of Christmas. Thus, all tariffs filed pursuant 1 Multi- Association Group (MAG) Plan for Regulation of Interstate Services of Non- Price Cap Incumbent Local Exchange Carriers and Interexchange Carriers, CC Docket No. 00- 256, Second Report and Order and Further Notice of Proposed Rulemaking, FCC 01- 304 (rel. Nov. 8, 2001) (“ MAG Order”). 2 47 U. S. C. § 204( a)( 3). 1 Federal Communications Commission DA 01- 2748 2 to the MAG order with a scheduled effective date of January 1, 2002, are to be filed on 15 days’ notice on December 17, 2001. ILECs must use the Electronic Tariff Filing System (ETFS) to file all of their tariff materials. 3 ILECs should make every effort to file as early in the day as possible in order to avoid any complications in meeting the 7: 00 P. M. deadline for filing via the ETFS. ILEC filings must be received by ETFS after 7: 00 P. M. Eastern Time on December 16, 2001 and before 7: 00 P. M. Eastern Time on December 17, 2001 for the filing to be considered officially received on December 17, 2001. ILECs are reminded that there are remote filing sites available at the following addresses: California http:// www. fccetfs. com/ Chicago http:// 161.58. 254.112/ 3. To facilitate the review of the interstate access charge tariffs to be filed to become effective on January 1, 2002, we hereby require all ILECs to submit cost support materials with their tariff filings. Although section 61.39 carriers do not routinely include cost support materials with their filings, we believe that cost support materials will be helpful if filed with the tariff, given the nature of the changes being made with this tariff filing. 4 This tariff filing should be a revenue neutral tariff filing. Therefore, all calculations should be based on the demand data used in the last annual tariff filing made by the carrier. Furthermore, ILECs are reminded that shifts in revenue requirement to the NECA common line pool from the NECA traffic- sensitive pool or from another ILEC’s traffic- sensitive tariff should reflect equivalent adjustments to the underlying revenue requirements. 4. ILECs filing tariffs to become effective on January 1, 2002, should highlight certain information in the description and justification section of the tariff filing. The following information should be highlighted: (1) the revenues for the period January 1, 2002, to June 30, 2002, resulting from the increase to the SLC caps, with residential and single- line business and multiline business revenues separately stated; (2) the revenue requirement shifted from local switching to the common line category; (3) the revenue requirement shifted from the transport interconnection charge (TIC) to the common line category; and (4) the net change (increase or decrease) in the carrier common line revenue requirement. Finally, ILECs should indicate whether they have coordinated cost shifts as noted in the preceding paragraph. B. Pleading Filing Dates and Procedures 5. Petitions to suspend or reject tariff filings made on fifteen days’ notice will be due no later than 12: 00 noon Eastern Time on December 24, 2001, and replies will be due no later than 12: 00 noon Eastern Time on December 28, 2001. To effectuate this modified filing schedule, we waive the normal timing requirements in our rules for such filings. 5 3 47 C. F. R. § 61. 13( b). 4 47 C. F. R. § 61. 39( b). 5 47 C. F. R. § 1. 4( f). 2 Federal Communications Commission DA 01- 2748 3 6. Parties filing pleadings are strongly encouraged to use ETFS in order to facilitate access to these documents, due to possible delays with the United States Postal Service. Given the short time frame of this tariff filing, mailed comments may not be received in time to be considered before the tariffs take effect. Petitioners and ILECs filing replies in paper format should file their originals with the Secretary at 445 12 th Street, SW, TW- A325, Washington, DC 20554, with copies to the Chief, Competitive Pricing Division, at 445 12 th Street, SW, 5- A207, Washington, DC 20554, and the Commission’s Duplication Contractor, Qualex International, 445 12 th Street, SW, Room CY- A257, Washington, DC 20554. 6 Petitioners and carriers filing electronically on the ETFS will not be required to file copies with the Competitive Pricing Division or Qualex International. For the purpose of this tariff proceeding, any petitions and reply comments filed on the ETFS will be considered officially filed with the Commission. We caution parties that the Commission’s Electronic Comment Filing System (ECFS) will not accept these petitions and replies. We also invite members of the general public to submit one copy of their comments, without regard to form, on the ETFS or by letter to the Secretary, 445 12 th Street, SW, Washington, DC 20554. C. Service 7. Because there is limited time available for review of the petitions and replies, we waive the normal service requirements in our rules 7 and we establish the following service requirements for these filings. On the dates the petitions and replies are submitted to the Commission, they shall be served upon the filing ILEC or the petitioner, respectively, or their attorney or other duly constituted agent by personal delivery or by facsimile transmission. 8 Parties are instructed to provide contact persons and facsimile numbers in their filings. Parties filing petitions and replies electronically are reminded they are still required to serve copies in accordance with these rules as stated herein. III. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to the authority contained in Sections 1- 4 and 201- 205 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 151- 154, 201- 205, and Sections 1.1 and 1.3 of the Commission’s rules, 47 C. F. R. §§ 1. 1, 1.3, this Order is ADOPTED. 9. IT IS FURTHER ORDERED that Section 1. 4( f) of the Commission’s rules, 47 C. F. R. § 1. 4( f), IS WAIVED for the purpose specified in paragraph 5 supra. 6 Parties are directed to the Commission’s Public Notices concerning changes in the filing location and procedures for paper documents. See FCC Announces Changes in Filing Procedures, Public Notice, DA 01- 2430 (rel. Oct. 17, 2001); FCC Announces Change in Filing Location for Paper Documents, Public Notice, DA 01- 2436 (rel. Oct. 17, 2001); Clarification on FCC’s Announced Changes in Filing Procedures, Public Notice, DA 01- 2451 (rel. Oct. 18, 2001). 7 47 C. F. R. § 1. 47( d). 8 47 C. F. R. §§ 1. 773( a)( 4) and (b)( 3). We waive any inconsistent portions of Section 1.47( d) of the Commission’s rules. 3 Federal Communications Commission DA 01- 2748 4 10. IT IS FURTHER ORDERED that Section 1.47( d) of the Commission’s rules, 47 C. F. R. § 1. 47( d), IS WAIVED for the purpose specified in paragraph 7 supra. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Compet it ive Pricing Division Common Carrier Bureau 4