*Pages 1--5 from Microsoft Word - 17216* Federal Communications Commission DA 02- 970 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) July 2, 2002 ) WCB/ Pricing 02- 12 Annual Access Charge Tariff Filings ) ORDER Adopted: April 26, 2002 Released: April 26, 2002 By the Chief, Pricing Policy Division: I. INTRODUCTION 1. This order establishes procedures for the 2002 filing of annual access charge tariffs by all incumbent local exchange carriers (ILECs). Specifically, it sets a modified effective date of July 2, 2002 for the July 2002 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. All correspondence and comments in connection with these filings should be designated in reference to July 2, 2002 Annual Access Charge Tariff Filing. II. DISCUSSION A. Tariff Effective Date, Tariff Filing Dates, and Tariff Filling Instructions 2. ILECs are permitted to make their tariff filings either 15 or 7 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 2002, it is necessary to modify the usual July 1 tariff effective date for 2002 in order to accommodate the filing of tariff revisions under Section 204( a)( 3) of the Communications Act of 1934, as amended (the Act). 1 Accordingly, the July 2002 effective date for ILEC annual access tariffs is modified to be July 2, 2002. 2 For tariffs filed on 15 days’ notice, ILECs must make their annual tariff filings on June 17, 2002. For tariffs filed on seven days’ notice, ILECs must make their tariff filings on June 25, 2002. ILECs must use the Electronic Tariff Filing System (ETFS) to file all of their tariff material, 3 including 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 17, 2002, and June 25, 2002, 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 16, 2002 and before 7: 00 PM Eastern Time on June 17, 2002 for the filing to be 1 47 U. S. C. § 204( a)( 3). Pursuant to this section of the Act, ILECs may file certain tariffs that take effect 15 days after they are filed. To be effective on July 1, these tariffs would have to be filed on Sunday, June 16. The Commission, however, is closed on Sundays. 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 0- 970 2 considered officially received on June 17, 2002. ILEC filings must be received by ETFS after 7: 00 PM Eastern Time on June 24, 2002 and before 7: 00 PM Eastern Time on June 25, 2002 for the filing to be considered officially received on June 25, 2002. 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. ILECs that file tariffs under the price cap ratemaking methodology are required to file revised annual access tariffs every year. 4 ILECs that file tariffs under the rate- of- return ratemaking methodology are required to file every other year. Further, ILECs filing pursuant to the requirements of section 61.38 5 are required to file in even- numbered years 6 and those filing pursuant to section 61.39 7 are required to file in odd- numbered years and are not required to submit supporting material with the revised tariff. 8 Since 2002 is an even- numbered year, only the price cap ILECs and the ILECs filing pursuant to section 61.38 are required to file revised access tariffs including support material that includes a TRP. For the 2002 annual access tariff filing, we are requiring the ILECs that do not normally file revised access tariffs this year to submit only supporting material in the form of a TRP that will detail the implementation of the procedures adopted in the MAG Order. 9 The details of this supporting material will be spelled out in a subsequent order. 4. In addition to filing the TRP on ETFS, each ILEC filing a TRP should provide the Pricing Policy Division of the Wireline Competition Bureau with two copies of the TRP on diskette or CD- ROM. These two copies should be marked ATTN: Raj Kannan, 5- A207, 445 12 th Street, SW, Washington, DC 20554. One copy of the TRP on diskette or CD- ROM should also be given both to the FCC Reference Information Center, Portals II, 445 12 th Street, SW, Room CY- A257, Washington, DC 20554 and to the Commission’s Duplication Contractor, Qualex International, Portals II, 445 12 th Street, SW, Room CY- B402, Washington, DC 20554. Computer diskette or CD- ROM copies of the price cap TRP’s should be submitted in Lotus Release- 5 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. 5. Copies of the TRP filed on diskette or CD- ROM may be obtained from Qualex International (202) 863- 2893 at 445 12 th Street, SW, Room CY- B402, Washington, DC 20554. Copies of any information filed electronically may be obtained via the Internet using the ETFS at 4 47 C. F. R. § 61.43. 5 47 C. F. R. § 61.38. 6 47 C. F. R. § 69.3( f)( 1). 7 47 C. F. R. § 61.39. 8 47 C. F. R. § 69.3( f)( 2). 9 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) (“ Rate- of- Return Access Charge Reform Order”). 2 Federal Communications Commission DA 0- 970 3 http:// svartifoss2. fcc. gov/ prod/ ccb/ etfs, 10 or from Qualex. For more information, contact Raj Kannan at (202) 418- 1540, Pricing Policy Division, Wireline Competition Bureau. 6. Section 61.49( k) of the Commission’s rules requires price cap carriers to file 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 1, 2002. 11 We will issue a separate order that will provide the details of the short form TRP and the regular TRP. Comments on the short form TRP will be due on May 13, 2002 and replies will be due May 20, 2002. B. Pleading Filing Dates and Procedures 7. In order to maximize the time available for parties to review the tariff filings and file comments, while leaving ILECs sufficient time to respond, we are 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 24, 2002, and replies will be due June 28, 2002. Petitions to suspend or reject tariff filings made on seven days’ notice will be due June 28, 2002 and replies will be due no later than 12: 00 noon Eastern Time on July 1, 2002. 12 8. Parties filing pleadings are encouraged to use ETFS in order to facilitate access to these documents. Comments should be addressed to the Commission’s Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12 th Street, SW, Washington, DC 20554. Parties should send three paper copies of their filing to Raj Kannan, Pricing Policy Division, Wireline Competition Bureau, Federal Communications Commission, 445 12 th Street, SW, Room 5- A207, Washington, DC 20554. Parties should also send one copy to the Commission’s duplicating contractor, Qualex International, Portals II, 445 12 th Street, SW, Room CY- B402, Washington, DC 20554, telephone 202- 863- 2893, facsimile 202- 863- 2898, or via e- mail qualexint@ aol. com. 9. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first- class or overnight U. S. Postal Service mail (although we continue to experience delays in receiving U. S. Postal Service mail). The Commission's contractor, Vistronix, Inc., will receive hand-delivered or messenger- delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, N. E., Suite 110, Washington, D. C. 20002. The filing hours at this location are 8: 00 a. m. to 7: 00 p. m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other than U. S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U. S. Postal Service first- class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW, Washington, D. C. 20554. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW, Washington, DC 20554. The following chart summarizes this information: 10 Users may also use the alternate site for accessing ETFS at http:// gullfoss2. fcc. gov/ prod/ ccb/ etfs/. 11 We waive any inconsistent portions of section 61.49( k) of the Commission’s rules. 12 We waive any inconsistent portions of section 1.4( f) of the Commission’s rules. 3 Federal Communications Commission DA 0- 970 4 TYPE OF DELIVERY PROPER DELIVERY ADDRESS Hand- delivered paper filings Vistronix, Inc. 236 Massachusetts Avenue, NE, Suite 110, Washington, DC 20002 (Weekdays - 8: 00 a. m. to 7: 00 p. m.) Commercial delivered documents (e. g., Federal Express) including documents sent by overnight mail (this type excludes USPS Express and Priority Mail) 9300 East Hampton Drive, Capitol Heights, MD 20743 (Weekdays - 8: 00 a. m. to 5: 30 p. m.) USPS First- Class, Express, and Priority Mail 445 12 th Street, SW Washington, DC 20554 Petitioners and carriers filing in paper format should file their originals with the Secretary as specified above, with copies to the Chief, Pricing Policy Division at 445 12 th Street, SW, 5- A207, Washington, DC 20554, and Qualex. Petitioners and carriers filing electronically on the ETFS will not be required to file copies with the Pricing Policy Division or Qualex. 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 10. 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. 13 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 11. Accordingly, IT IS ORDERED that, pursuant to sections 1, 4 (i) and (j), 201- 209, of the Communications Act, as amended that this order is HEREBY ADOPTED as described above. 12. IT IS FURTHER ORDERED that, pursuant to section 1.3 of the Commissions rules, 47 C. F. R. § 1.3, section 69.3 of the Commission’s rules 47 C. F. R. § 69.3, is WAIVED for the purpose specified in paragraph 2 supra. 13. IT IS FURTHER ORDERED that, pursuant to section 1.3 of the Commissions rules, 47 C. F. R. § 1.3, 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. 13 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. 4 Federal Communications Commission DA 0- 970 5 14. IT IS FURTHER ORDERED that, pursuant to section 1.3 of the Commissions rules, 47 C. F. R. § 1.3, 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. 15. IT IS FURTHER ORDERED that, pursuant to section 1.3 of the Commissions rules, 47 C. F. R. § 1.3, 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 Tamara Preiss Chief, Pricing Policy Division Wireline Competition Bureau 5