Sec.  1.773   Petitions for suspension or rejection of new tariff filings.

   (a) Petition—(1) Content. Petitions seeking investigation, suspension, or
   rejection of a new or revised tariff filing or any provision thereof shall
   specify the filing's Federal Communications Commission tariff number and
   carrier transmittal number, the items against which protest is made, and the
   specific reasons why the protested tariff filing warrants investigation,
   suspension, or rejection under the Communications Act. No petition shall
   include a prayer that it also be considered a formal complaint. Any formal
   complaint shall be filed as a separate pleading as provided in  Sec. 1.721.

   (i) Petitions seeking investigation, suspension, or rejection of a new or
   revised tariff filing or any provision of such a publication, must specify
   the pertinent Federal Communications Commission tariff number and carrier
   transmittal number; the matters protested; and the specific reasons why the
   tariff warrants investigation, suspension, or rejection. When a single
   petition asks for more than one form of relief, it must separately and
   distinctly plead and support each form of relief. However, no petition may
   ask that it also be considered a formal complaint. Formal complaints must be
   separately lodged, as provided in  Sec. 1.721.

   (ii) For purposes of this section, tariff filings by nondominant carriers
   will be considered prima facie lawful, and will not be suspended by the
   Commission unless the petition requesting suspension shows:

   (A) That there is a high probability the tariff would be found unlawful
   after investigation;

   (B) That the harm alleged to competition would be more substantial than the
   injury to the public arising from the unavailability of the service pursuant
   to the rates and conditions proposed in the tariff filing;

   (C) That irreparable injury will result if the tariff filing is not
   suspended; and

   (D) That the suspension would not otherwise be contrary to the public
   interest.

   (iii) For the purpose of this section, any tariff filing by a local exchange
   carrier filed pursuant to the requirements of  Sec. 61.39 will be considered
   prima facie lawful and will not be suspended by the Commission unless the
   petition requesting suspension shows that the cost and demand studies or
   average schedule information was not provided upon reasonable request. If
   such a showing is not made, then the filing will be considered prima facie
   lawful and will not be suspended by the Commission unless the petition
   requesting suspension shows each of the following:

   (A) That there is a high probability the tariff would be found unlawful
   after investigation;

   (B) That any unreasonable rate would not be corrected in a subsequent
   filing;

   (C) That irreparable injury will result if the tariff filing is not
   suspended; and

   (D) That the suspension would not otherwise be contrary to the public
   interest.

   (iv) For the purposes of this section, tariff filings made pursuant to
    Sec. 61.49(b) by carriers subject to price cap regulation will be considered
   prima facie lawful, and will not be suspended by the Commission unless the
   petition shows that the support information required in  Sec. 61.49(b) was not
   provided, or unless the petition requesting suspension shows each of the
   following:

   (A) That there is a high probability the tariff would be found unlawful
   after investigation;

   (B) That the suspension would not substantially harm other interested
   parties;

   (C) That irreparable injury will result if the tariff filing is not
   suspended; and

   (D) That the suspension would not otherwise be contrary to the public
   interest.

   (v) For the purposes of this section, any tariff filing by a price cap LEC
   filed pursuant to the requirements of  Sec. 61.42(d)(4)(ii) of this chapter will
   be considered prima facie lawful, and will not be suspended by the
   Commission unless the petition requesting suspension shows each of the
   following:

   (A) That there is a high probability the tariff would be found unlawful
   after investigation;

   (B) That any unreasonable rate would not be corrected in a subsequent
   filing;

   (C) That irreparable injury will result if the tariff filing is not
   suspended; and

   (D) That the suspension would not otherwise be contrary to the public
   interest.

   (2) When filed. All petitions seeking investigation, suspension, or
   rejection of a new or revised tariff filing shall meet the filing
   requirements of this paragraph. In case of emergency and within the time
   limits provided, a telegraphic request for such relief may be sent to the
   Commission setting forth succinctly the substance of the matters required by
   paragraph (a)(1) of this section. A copy of any such telegraphic request
   shall be sent simultaneously to the Chief, Wireline Competition Bureau, the
   Chief, Pricing Policy Division, and the publishing carrier. Thereafter, the
   request shall be confirmed by petition filed and served in accordance with
    Sec. 1.773(a)(4).

   (i) Petitions seeking investigation, suspension, or rejection of a new or
   revised tariff filed pursuant to section 204(a)(3) of the Communications Act
   made on 7 days notice shall be filed and served within 3 calendar days after
   the date of the tariff filing.

   (ii) Petitions seeking investigation, suspension, or rejection of a new or
   revised tariff filing made on less than 15 days notice shall be filed and
   served within 6 days after the date of the tariff filing.

   (iii) Petitions seeking investigation, suspension, or rejection of a new or
   revised tariff filing made on at least 15 but less than 30 days notice shall
   be filed and served within 7 days after the date of the tariff filing.

   (iv) Petitions seeking investigation, suspension, or rejection of a new or
   revised tariff filing made on at least 30 but less than 90 days notice shall
   be filed and served within 15 days after the date of the tariff filing.

   (v) Petitions seeking investigation, suspension, or rejection of a new or
   revised tariff filing mode on 90 or more days notice shall be filed and
   served within 25 days after the date of the tariff filing.

   (3) Computation of time. Intermediate holidays shall be counted in
   determining the above filing dates. If the date for filing the petition
   falls on a holiday, the petition shall be filed on the next succeeding
   business day.

   (4) Copies, service. An original and four copies of each petition shall be
   filed with the Commission as follows: The original and three copies of each
   petition shall be filed with the Secretary, 236 Massachusetts Ave., NE.,
   Washington, DC 20002; one copy must be delivered directly to the
   Commission's copy contractor. Additional, separate copies shall be served
   simultaneously upon the Chief, Wireline Competition Bureau; and the Chief,
   Pricing Policy Division. Petitions seeking investigation, suspension, or
   rejection of a new or revised tariff made on 15 days or less notice shall be
   served either personally or via facsimile on the filing carrier. If a
   petition is served via facsimile, a copy of the petition must also be sent
   to the filing carrier via first class mail on the same day of the facsimile
   transmission. Petitions seeking investigation, suspension, or rejection of a
   new or revised tariff filing made on more than 15 days notice may be served
   on the filing carrier by mail.

   (b) Reply—(1) When filed. A publishing carrier's reply to a petition for
   relief from a tariff filing shall be filed in accordance with the following
   periods:

   (i) Replies to petitions seeking investigation, suspension, or rejection of
   a new or revised tariff filed pursuant to section 204(a)(3) of the Act made
   on 7 days notice shall be filed and served within 2 days after the date the
   petition is filed with the Commission.

   (ii) Replies to petitions seeking investigation, suspension, or rejection of
   a new or revised tariff filing made on less than 15 days notice shall be
   filed and served within 3 days after the date the petition is due to be
   filed with the Commission.

   (iii) Replies to petitions seeking investigation, suspension, or rejection
   of a new or revised tariff filing made on at least 15 but less than 30 days
   notice shall be filed and served within 4 days after service of the
   petition.

   (iv) Replies to petitions seeking investigation, suspension, or rejection of
   a new or revised tariff filing made on at least 30 but less than 90 days
   notice shall be filed and served within 5 days after service of the
   petition.

   (v) Replies to petitions seeking investigation, suspension, or rejection of
   a new or revised tariff filing made on 90 or more days notice shall be filed
   and served within 8 days after service of the petition.

   (vi) Where all petitions against a tariff filing have not been filed on the
   same day, the publishing carrier may file a consolidated reply to all the
   petitions. The time for filing such a consolidated reply will begin to run
   on the last date for timely filed petitions, as fixed by paragraphs (a)(2)
   (i) through (iv) of this section, and the date on which the consolidated
   reply is due will be governed by paragraphs (b)(1) (i) through (iv) of this
   section.

   (2) Computation of time. Intermediate holidays shall be counted in
   determining the 3-day filing date for replies to petitions seeking
   investigation, suspension, or rejection of a new or revised tariff filing
   made on less than 15 days notice. Intermediate holidays shall not be counted
   in determining filing dates for replies to petitions seeking investigation,
   suspension, or rejection of a new or revised tariff filing made on 15 or
   more days notice. When a petition is permitted to be served upon the filing
   carrier by mail, an additional 3 days (counting holidays) may be allowed for
   filing the reply. If the date for filing the reply falls on a holiday, the
   reply may be filed on the next succeeding business day.

   (3) Copies, service. An original and four copies of each reply shall be
   filed with the Commission, as follows: the original and three copies must be
   filed with the Secretary, 236 Massachusetts Ave., NE., Washington, DC 20002;
   one copy must be delivered directly to the Commission's copy contractor.
   Additional separate copies shall be served simultaneously upon the Chief,
   Wireline Competition Bureau, the Chief, Pricing Policy Division and the
   petitioner. Replies to petitions seeking investigation, suspension, or
   rejection of a new or revised tariff made on 15 days or less notice shall be
   served on petitioners personally or via facsimile. Replies to petitions
   seeking investigation, suspension, or rejection of a new or revised tariff
   made on more than 15 days notice may be served upon petitioner personally,
   by mail or via facsimile.

   [ 45 FR 64190 , Sept. 29, 1980, as amended at  49 FR 40876 , Oct. 18, 1984;  49 FR 49466 , Dec. 20, 1984;  52 FR 26682 , July 16, 1987;  54 FR 19840 , May 8,
   1989;  58 FR 17529 , Apr. 5, 1993;  58 FR 51247 , Oct. 1, 1993;  62 FR 5777 , Feb.
   7, 1997;  64 FR 51264 , Sept. 22, 1999;  65 FR 58466 , Sept. 29, 2000;  67 FR 13223 , Mar. 21, 2002;  71 FR 15618 , Mar. 29, 2006]