*Pages 1--5 from Microsoft Word - 48602.doc* Federal Communications Commission DA 05- 1039 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) July 1, 2005 ) Annual Access Charge Tariff Filings ) WCB/ Pricing 05- 22 ORDER Adopted: April 7, 2005 Released: April 8, 2005 By the Chief, Pricing Policy Division: SHORT FORM TRP: May 2, 2005 COMMENTS: May 18, 2005 REPLIES: May 25, 2005 15- DAY TARIFF FILINGS: June 16, 2005 PETITIONS: June 23, 2005 REPLIES: June 28, 2005 7- DAY TARIFF FILINGS: June 24, 2005 PETITIONS: June 28, 2005 REPLIES: 12: 00 noon ET June 30, 2005 I. INTRODUCTION 1. This order establishes procedures for the 2005 filing of annual access charge tariffs and Tariff Review Plans (TRPs) by all incumbent local exchange carriers (ILECs). Specifically, it sets an effective date of July 1, 2005 for the July 2005 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. It further sets the date that price cap carriers must file the short form TRP. 1 All correspondence and comments in connection with these filings should be designated in reference to July 1, 2005 Annual Access Charge Tariff Filings. II. DISCUSSION A. Tariff Effective Date and Tariff Filing Dates 1 The price cap ILECs that must file a short form TRP on May 2, 2005, are ALLTEL Telephone System, Ameritech Operating Companies, BellSouth Telecommunications, Inc., Cincinnati Bell Telephone, Citizens Telecommunications Companies, Frontier Communications of Minnesota and Iowa, Frontier Communications of Rochester, Iowa Telecommunications Services, Inc., Nevada Bell Telephone Company, Pacific Bell Telephone Company, Qwest Corporation, Southern New England Telephone, Southwestern Bell Telephone, Sprint Local Telephone Companies, Valor Telecommunications Enterprises, LLC, and Verizon Telephone Companies. 1 Federal Communications Commission DA 05- 1039 2 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. 2 Annual access tariff filings must be filed with a scheduled effective date of July 1. 3 For tariffs filed on 15 days’ notice, ILECs must make their annual tariff filings on June 16, 2005. For tariffs filed on seven days’ notice, ILECs must make their tariff filings on June 24, 2005. 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 Because 2005 is an odd- numbered year, only the price cap ILECs and the ILECs filing pursuant to section 61.39 are required to file revised access tariffs this year. Any rate- of- return ILEC subject to section 61.38 may elect to make a voluntary tariff filing at this time. B. Tariff Review Plan Filing Dates 4. Price cap ILECs are required to submit both a short form TRP and a long- form TRP. 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, we require that this short form TRP be filed on May 2, 2005. 9 Rate- of- return ILECs subject to section 61.38 that are making voluntary filings this year must file a rate- of- return TRP with their annual access tariff filing in June 2005. We will issue a separate order that will provide the details of the price cap short form and regular TRP as well as the rate- of- return TRP. Comments on the short form TRP will be due on May 18, 2005. Replies will due May 25, 2005. C. Tariff and Tariff Review Plan Filing Instructions 5. ILECs must use the Commission’s Electronic Tariff Filing System (ETFS) to file all of their tariff material. 10 ILECs should make every effort to file as early in the day as possible in order to avoid any complications in meeting the May 2, 2005, June 16, 2005, and June 24, 2005, pre- 7: 00 pm 2 47 U. S. C. §204( a)( 3). 3 47 C. F. R. § 69.3( a). 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 We waive any inconsistent portions of section 61.49( k) of the Commission’s rules. 10 47 C. F. R. § 61.13( b). 2 Federal Communications Commission DA 05- 1039 4 11. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. 12. Three (3) paper copies and one e- mail copy of the comments and reply comments should also be sent to Raj Kannan, Pricing Policy Division, Wireline Competition Bureau, Federal Communications Commission, 445 12th Street, SW, Room 5- A221, Washington, DC 20554, . A courtesy copy should be addressed to Chief Pricing Policy Division, Wireline Competition Bureau, 445 12th Street, SW, Room 5- A225, Washington, DC 20554 and e- mailed to . Parties shall also serve one copy with Best Copy and Printing, Inc., Portals II, 445 12th Street, SW, Room CY- B402, Washington, DC 20554, (202) 488- 5300, or via e- mail to E. SERVICE 13. 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 local exchange carrier or the petitioner, respectively, or its 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 14. Accordingly, IT IS ORDERED that, pursuant to sections 1, 4 (i) and (j), 201- 209, of the Communications Act, as amended, this order is HEREBY ADOPTED as described above. 15. 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 4 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 05- 1039 5 16. IT IS FURTHER ORDERED that, pursuant to section 1.3 of the Commission’s rules, 47 C. F. R. § 1.3, sections 1.4( f) and 1.773( b) of the Commission’s rules, 47 C. F. R. §§ 1.4( f), 1.773( b) ARE WAIVED for the purpose specified in paragraph 8 supra. 17. IT IS FURTHER ORDERED that, pursuant to section 1.3 of the Commission’s 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 13 supra. FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau 5