Federal Communications Commission DA 23-172 DA 23-172 Released: March 2, 2023 WIRELINE COMPETITION BUREAU REMINDS CARRIERS OF NEW TARIFF FILING FEES EFFECTIVE MARCH 2, 2023 WC Docket No. 23-9 By this Public Notice, the Wireline Competition Bureau (Bureau) reminds carriers that the Commission’s revisions to tariff-related filing fees in section 1.1105 of the Commission’s rules take effect on March 2, 2023. We also take this opportunity to remind carriers about tariff filing fee procedures. When carriers submit tariff filings to the Commission, they are required to pay the associated filing fee pursuant to section 1.1105 of the Commission’s rules. 47 CFR § 1.1105. We remind carriers that the Commission recently revised its part 1 application fees schedule to reflect a net increase in the consumer price index, as required by section 8(b) of the Communications Act of 1934, as amended. Amendment of the Schedule of Application Fees Set Forth in Sections 1.1102 through 1.1109 of the Commission’s Rules, MD Docket No, 20-270, Report and Order, 2022 WL 17886514, FCC 22-94 at *1, para. 1 (Dec. 16, 2022) (2022 Application Fees Order); see 47 CFR § 1.1102 et seq. The new application fees go into effect on March 2, 2023, and the fees related to tariff filings are reflected in the table below. FCC, Schedule of Application Fees, 88 Fed. Reg. 6169 (Jan. 31, 2023); see 2022 Application Fees Order at *3, para. 7; id., Appx. at *10-11; Effective Data of Fiscal Year 2023 Application Fees, Public Notice, DA 23-153 (OMD Feb. 28, 2023). Tariffing-Related Filing Fee 2022 Application Fees Order at *11; Schedule of Application Fees, 88 Fed. Reg. at 6174, Tbl. 1 to § 1.1105. Old Fee Amount New Fee Amount Payment Code Standard Tariff Filing $930 $1,040 CQK Complex Tariff Filing (annual access charge tariffs, new or restructured rate plans) (Large – all price cap incumbent LECs and entities involving more than 100 LECs) $6,540 $7,300 CQL Complex Tariff Filing (annual access charge tariffs, new or restructured rate plans) (Small – other entities) $3,270 $3,650 CQM Application for Special Permission for Waiver of Tariff Rules $375 $420 CQN In addition, the filing fee associated with waivers of the Commission’s accounting rules is now $4,925, instead of $4,415, and the payment code for such filings is “CQP.” 2022 Application Fees Order at *11; Schedule of Application Fees, 88 Fed. Reg. at 6174, Tbl. 1 to § 1.1105. Carriers must continue to submit all tariff filings electronically through the Commission’s Electronic Tariff Filing System (ETFS). 47 CFR § 61.20(a). Applicants seeking a waiver of the Commission’s accounting rules must file their applications for waiver through the Commission’s Electronic Comment Filing System (ECFS) by accessing the appropriate “Inbox” in the “Submit a Non-Docketed Filing” module (INBOX-1.1105). Carriers must pay the associated filing fee in the Commission’s Registration System (CORES) payment system at the same time they file the tariff filing through ETFS or the waiver of accounting rules through ECFS. See Wireline Competition Bureau Reminds Incumbent Local Exchange Carriers of New Tariff Filing Fees and New Payment System for July 1, 2022 Annual Access Charge Tariff Filings, WC Docket No. 22-108, Public Notice, DA 22-493 (WCB May 9, 2022) (Tariff Filing Fees Public Notice); Announces Decommissioning of Fee Filer as Method of Payment and Replacement with New Payment Module Within CORES et al., Public Notice (WCB Dec. 1, 2021), https://www.fcc.gov/document/replacement-fee-filer-new-commission-payment-module. For more information about submitting filing fees through the CORES payment system, please visit: https://www.fcc.gov/licensing-databases/fees/cores-payment-system. Please also consult the Bureau’s Application Fee Filing Guide. See FCC, Application Processing Fees (last visited Mar. 2, 2023), https://www.fcc.gov/licensing-databases/fees/application-processing-fees. Complex Tariff Filing (Large and Small). Carriers submitting annual access charge tariffs that become effective July 1 each year are required to pay the associated complex tariff filing fee. Amendment of the Schedule of Application Fees Set Forth in Sections 1.1102 through 1.1109 of the Commission’s Rules, MD Docket No, 20-270, Report and Order, 35 FCC Rcd 15089, 15128-29, 15131-32, paras. 123-24 (2020) (2020 Applications Fees Order); see July 1, 2022 Annual Access Charge Tariff Filings, WC Docket No. 22-108, Order, FCC 22-494 (WCB May 9, 2022). Additionally, carriers submitting a new or restructured rate plan under section 61.3(mm) of the Commission’s rules are required to pay the complex filing fee. 47 CFR § 61.3(mm) (“Restructured Service. An offering which represents the modification of a method of charging or provisioning a service; or the introduction of a new method of charging or provisioning that does not result in a net increase in options available to customers.”); 2020 Application Fees Order, 35 FCC Rcd at 15129-30, para. 124. There are separate complex filing fees for large and small entities. Price cap incumbent local exchange carriers (LECs) and entities, such as the National Exchange Carrier Association, Inc., or consultants, filing annual access charge tariffs or new or restructured rate plans on behalf of more than 100 LECs are required to submit the $7,300 complex tariff filing (large) fee. The complex tariff filing (small – other entities) fee applies to all other non-price cap incumbent LECs that are not subject to the complex tariff filing (large) fee. Rate-of-return incumbent LECs and entities, such as consultants, that file annual access charge tariffs or new or restructured rate plans on behalf of 100 or fewer LECs are required to submit the $3,650 complex tariff filing (small) fee. See generally Tariff Filing Fees Public Notice. Standard Tariff Filing. Carriers submitting tariff filings proposing new tariffs or revisions to an existing tariff, that are not subject to the complex tariff filing fees, are required to submit the $1,040 standard tariff filing fee. See 47 CFR § 61.15(i). Incumbent LECs filing tariff publications on 3-days’ notice, pursuant to section 61.58(a)(3), proposing corrections or voluntarily deferring the effective date of a pending tariff revision are required to submit the standard tariff filing fee. See 47 CFR § 61.58(a)(3) (“Tariff filings proposing corrections or voluntarily deferring the effective date of a pending tariff revision must be made on at least 3 days’ notice, and may be filed notwithstanding the provisions of § 61.59. Corrections to tariff materials not yet effective cannot take effect before the effective date of the original material. Deferrals must take effect on or before the current effective date of the pending tariff revisions being deferred.”); § 61.59(a) (“Except as provided in § 61.58(a)(3) or except as otherwise authorized by the Commission, new rates or regulations must be effective for at least 30 days before a dominant carrier will be permitted to make any change.”). Competitive LECs filing tariff publications proposing revisions to existing tariffs or pending tariff revisions are required to submit the standard tariff filing fee. See 47 CFR § 61.58(f). Carriers filing an amended transmittal revising supporting documentation filed with a tariff, such as tariff review plans, but not proposing revisions to the tariff itself, are not required to submit a tariff filing fee. See 47 CFR § 61.15(i). Carriers submitting a base document, which incorporates the previous month’s effective tariff revisions, which does not itself propose revisions to an existing tariff, also are not required to submit a tariff filing fee. 47 CFR §§ 61.15(i), 61.16. Application for Special Permission for Waiver of Tariff Rules. Carriers filing applications for special permission for waiver of tariff rules pursuant to section 61.17 of the Commission’s rules are required to pay the $420 special permission fee. 47 CFR §§ 61.17(d), 61.68. Waiver of Accounting Rules. Parties may petition the Commission for a waiver of the part 69 accounting rules, part 32 accounting rules, part 43 reporting requirements, part 64 cost allocation rules, part 65 rate of return rules, or part 36 separations rules. See 2020 Application Fees Order, 35 FCC Rcd at 15129-30, para. 128. Parties submitting a waiver of these accounting rules in ECFS are required to pay the $4,925 waiver of accounting rules fee in CORES. 47 CFR § 1.1105; 2022 Application Fees Order at *11; Schedule of Application Fees, 88 Fed. Reg. at 6174, Tbl. 1 to § 1.1105. For more information about this Public Notice, please contact Christopher S. Koves, Pricing Policy Division, Wireline Competition Bureau, Christopher.Koves@fcc.gov. - FCC - 2