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 Federal  Communications  Commission  DA  02-  2025 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Investigation  of  Tariffs  Filed  by  ACS  of  Anchorage,  Inc.,  and  the  National  Exchange 
 Carrier  Association 
 December  17,  2001  MAG  Access  Charge  Tariff  Filings 


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 CC  Docket  No.  02-  36 
 CCB/  CPD  No.  01-  23 


 ORDER 
 Adopted:  August  15,  2002  Released:  August  16,  2002 
 By  the  Chief,  Pricing  Policy  Division: 


 1.  By  this  order,  we  approve  the  refund  plan  submitted  by  ACS  of  Anchorage,  Inc.  (ACS),  for  issuing  refunds  to  its  inter-  exchange  carrier  (IXC)  access  customers  for  the  period 
 from  January  1,  2002,  through  June  14,  2002. 
 2.  On  May  31,  2002,  the  Commission  found  that  the  interstate  access  rates  in  ACS’s  Tariff  FCC  No.  1,  filed  to  become  effective  January  1,  2002,  were  unjust  and  unreasonable  in 


 violation  of  Section  201(  b)  of  the  Communications  Act  of  1934,  as  amended.  1  The  Commission  prescribed  interstate  access  rates  for  ACS  on  a  prospective  basis.  2  The  Commission  also  directed 
 ACS  to  refund,  for  the  period  of  January  1,  2002  through  the  date  on  which  the  prescribed  rates  became  effective,  the  difference  between  the  revised  rates  in  ACS's  December  17  tariff  filing  and 
 the  prescribed  rates.  3  The  Commission  directed  that  ACS's  refunds  include  interest.  4  As  directed,  ACS  submitted  on  July  30,  2002,  a  plan  for  issuing  refunds.  5 


 3.  We  find  that  ACS’s  refund  plan  satisfies  the  requirements  of  the  Investigation  Order.  In  its  refund  plan,  ACS  applied  an  interest  rate  of  five  percent,  the  Internal  Revenue 
 1  Investigation  of  Tariffs  Filed  by  ACS  of  Anchorage,  Inc.,  and  the  National  Exchange  Carrier  Association, 
 December  17,  2001,  MAG  Access  Charge  Tariff  Filings,  CC  Docket  No.  02-  36,  Memorandum  Opinion  and  Order,  FCC  02-  160,  (May  31,  2002)  (Investigation  Order). 


 2  Investigation  Order  at  paras.  29,  35. 
 3  Id.  at  paras.  31,  36. 
 4  Id. 
 5  Refund  Plan  of  ACS  of  Anchorage,  Inc.,  CC  Docket  No.  02-  36  (filed  July  30,  2002)  (ACS  Refund  Plan). 
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 Federal  Communications  Commission  DA  02-  2025 
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 Service’s  corporate  overpayment  rate,  to  the  refund  amount,  assuming  a  payment  date  of  August  30,  2002.  If  the  payment  date  should  slip  beyond  August  30,  ACS  must  calculate  interest  on  the 
 overcharges  until  the  date  the  refunds  are  issued. 
 4.  Accordingly,  IT  IS  ORDERED,  pursuant  to  section  204(  a)  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §  204(  a),  and  through  the  authority 


 delegated  pursuant  to  sections  0.91  and  0.291  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.91  and  0.291,  that  the  rate  refund  plan  filed  by  ACS  of  Anchorage,  Inc.,  subject  to  the  application  of 
 interest  as  delineated  at  paragraph  3  of  this  order,  IS  APPROVED. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Tamara  L.  Preiss  Chief 
 Pricing  Policy  Division 
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