*Pages 1--3 from Microsoft Word - 8143.doc* Federal Communications Commission DA 01- 838 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) July 3, 2001 ) CCB/ CPD 01- 08 Annual Access Charge Tariff Filings ) ORDER Adopted: April 6, 2001 Released: April 6, 2001 By the Chief, Competitive Pricing Division: I. INTRODUCTION 1. This Order facilitates the 2001 filing of annual access charge tariffs by incumbent local exchange carriers (ILECs). This Order sets a modified effective date of July 3, 2001 for the July 2001 annual tariff filings; addresses the dates on which the tariff filings must be filed, the dates and times for filing petitions to suspend or reject the ILEC tariff filings, and replies to any such petitions; and addresses service of the petitions and replies. In addition, this Order establishes the tariff filing procedures. All correspondence and comments in connection with these filings should be designated in reference to July 3, 2001 Annual Access Charge Tariff Filing. II. DISCUSSION A. Tariff Effective Date, and Tariff Filing Dates and Procedures 2. ILECs are permitted to make their tariff filings either 15 or seven days prior to the effective date of their tariffs, depending on the type of changes the tariffs propose. Because of the weekend schedule in June and July of 2001, it is necessary to modify the usual July 1 tariff effective date for 2001 in order to accommodate the filing of tariff revisions under Section 204( a)( 3) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996. 1 Accordingly, the July 2001 effective date for ILEC annual access tariffs is modified to be July 3, 2001. 2 For tariffs filed on 15 days’ notice, ILECs must make their annual tariff filings on June 18, 2001. For tariffs filed on seven days’ notice, ILECs must make their tariff filings on June 26, 2001. ILECs must use the Electronic Tariff Filing System (ETFS) to file all of their tariff material. 3 For price cap ILECs, such material includes their Tariff Review Plans (TRPs). ILECs should make every effort to file as early in the day as possible in order to avoid any complications on meeting the June 18, 2001, and June 26, 2001, pre- 7: 00 PM deadlines for filing with the ETFS. ILEC filings must be received by ETFS after 7: 00 PM Eastern Time on June 17, 2001 and before 1 47 U. S. C. § 204( a)( 3). Tariffs to be effective July 1 on 15 days’ notice would have to be filed on Saturday, June 16; tariffs to be effective July 1 on seven days’ notice would have to be filed on Sunday, June 24. The Federal Communications Commission, however, is closed on Saturday and Sunday. 2 We waive any inconsistent portions of Section 69. 3 of the Commission’s rules. 3 47 C. F. R. § 61.13( b). 1 Federal Communications Commission DA 01- 838 2 7: 00 PM Eastern Time on June 18, 2001 for the filing to be considered officially received on June 18, 2001. ILEC filings must be received by ETFS after 7: 00 PM Eastern Time on June 25, 2001 and before 7: 00 PM Eastern Time on June 26, 2001 for the filing to be considered officially received on June 26, 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. In addition to filing the TRP on ETFS, each ILEC filing a TRP should provide the Competitive Pricing Division of the Common Carrier Bureau with two copies of the TRP on diskette or CD- ROM. These two copies should be marked ATTN: Raj Kannan, Fifth Floor, 445 12 th Street, SW, Washington, DC 20554. One copy of the TRP on diskette or CD- ROM should also be given to the Commission’s Duplication Contractor, ITS, 445 12 th Street, SW, Room CY- B400, Washington, DC 20554. Computer diskette or CD- ROM copies of the TRP should be submitted in Lotus Release- 4 format. We urge carriers to run a computer virus check on each diskette or CD before submitting those disks or CDs. The computer file on the diskette or CD- ROM should be named COSAAN01 where “COSA” is the 4- character company study area code. 4. Copies of the TRP filed on diskette or CD- ROM may be obtained from ITS (202) 857- 3800 at 445 12 th Street, SW, Room CY- B400, Washington, DC 20554. Copies of any information filed electronically may be obtained via the Internet using the ETFS at http:// svartifoss2. fcc. gov/ prod/ ccb/ etfs, 4 or from ITS. For more information, contact Raj Kannan at (202) 418- 1540, Competitive Pricing Division, Common Carrier Bureau. 5. Section 61. 49( k) of the Commission’s rules requires the filing of a short form TRP without rate detail information 90 days prior to the usual effective date of July 1. For this year’s filing, however, we require that this short form TRP be filed on May 15, 2001. 5 We will issue in the near future an order that will provide the details of the short form TRP and the regular TRP. B. Pleading Filing Dates and Procedures 6. In order to provide as much time as possible for all parties to review these filings, while leaving ILECs sufficient time to respond to other parties’ review of their tariff filings, we are also modifying the time for filing replies to petitions to suspend or reject tariff filings made on seven days’ notice. In accordance with the tariff filing schedules, petitions to suspend or reject tariff filings made on 15 days’ notice will be due June 25, 2001 and replies will be due June 29, 2001. Petitions to suspend or reject tariff filings made on seven days’ notice will be due June 29, 2001 and replies will be due no later than 12: 00 noon Eastern Time on July 2, 2001. 6 7. Parties filing pleadings are encouraged to use ETFS in order to facilitate access to these documents. Petitioners and carriers filing 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 4 Users may also use the alternate site for accessing ETFS at http:// gullfoss2. fcc. gov/ prod/ ccb/ etfs/. 5 We waive any inconsistent portions of Section 61. 49( k) of the Commission’s rules. 6 We waive any inconsistent portions of Section 1. 4( f) of the Commission’s rules. 2 Federal Communications Commission DA 01- 838 3 Division at 445 12 th Street, SW, 5- A207, Washington, DC 20554, and ITS. Petitioners and carriers filing electronically on the ETFS will not be required to file copies with the Competitive Pricing Division or ITS. 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, by letter to the Secretary, 445 12 th Street, SW, Washington, DC 20554. C. Service 8. Because there is limited time available for review of the petitions and replies, we establish the following service requirements for these filings. On the date one of these filings is submitted to the Commission, it shall be served upon the filing carrier or the petitioner, respectively, or their attorney or other duly constituted agent by personal delivery or by facsimile transmission. 7 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 CLAUSE 9. Accordingly, IT IS ORDERED that Section 69. 3 of the Commission’s rules, 47 C. F. R. § 69.3, is WAIVED for the purpose specified in paragraph 2 supra. 10. IT IS FURTHER ORDERED that Section 61.49( k) of the Commission’s rules, 47 C. F. R. §61.49( k), IS WAIVED for the purpose specified in paragraph 5 supra. 11. 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 6 supra. 12. 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 8 supra. FEDERAL COMMUNICATIONS COMMISSION Jane E. Jackson Chief, Competitive Pricing Division Common Carrier Bureau 7 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