§  69.3   Filing of access service tariffs.

   (a) Except as provided in paragraphs (g) and (h) of this section, a
   tariff for access service shall be filed with this Commission for a
   two-year period. Such tariffs shall be filed with a scheduled effective
   date of July 1. Such tariff filings shall be limited to rate level
   changes.

   (b) The requirements imposed by paragraph (a) of this section shall not
   preclude the filing of revisions to those annual tariffs that will
   become effective on dates other than July 1.

   (c) Any access service tariff filing, the filing of any petitions for
   rejection, investigation or suspension and the filing of any responses
   to such petitions shall comply with the applicable rules of this
   Commission relating to tariff filings.

   (d) The association shall file a tariff as agent for all telephone
   companies that participate in an association tariff.

   (e) A telephone company or group of telephone companies may file a
   tariff that is not an association tariff. Such a tariff may
   cross-reference the association tariff for some access elements and
   include separately computed charges of such company or companies for
   other elements. Any such tariff must comply with the requirements
   hereinafter provided:

   (1) Such a tariff must cross reference association charges for the
   Carrier Common Line and End User Common Line element or elements if
   such company or companies participate in the pooling of revenues and
   revenue requirements for such elements.

   (2) Such a tariff that cross-references an association charge for any
   end user access element must cross-reference association charges for
   all end user access elements;

   (3) Such a tariff that cross-references an association charge for any
   carrier's carrier access element other than the Carrier Common Line
   element must cross-reference association charges for all carrier's
   carrier access charges other than the Carrier Common Line element;

   (4) Except for charges subject to price cap regulation as that term is
   defined in § 61.3(v) of this chapter, any charge in such a tariff that
   is not an association charge must be computed to reflect the combined
   investment and expenses of all companies that participate in such a
   charge;

   (5) A telephone company or companies that elect to file such a tariff
   for 1984 access charges shall notify AT&T on or before the 40th day
   after the release of the Commission order adopting this part;

   (6) A telephone company or companies that elect to file such a tariff
   shall notify the association not later than March 1 of the year the
   tariff becomes effective, if such company or companies did not file
   such a tariff in the preceding biennial period or cross-reference
   association charges in such preceding period that will be
   cross-referenced in the new tariff. A telephone company or companies
   that elect to file such a tariff not in the biennial period shall file
   its tariff to become effective July 1 for a period of one year.
   Thereafter, such telephone company or companies must file its tariff
   pursuant to paragraphs (f)(1) or (f)(2) of this section.

   (7) Such a tariff shall not contain charges for any access elements
   that are disaggregated or deaveraged within a study area that is used
   for purposes of jurisdictional separations, except as otherwise
   provided in this chapter.

   (8) Such a tariff shall not contain charges included in the billing and
   collection category.

   (9) A telephone company or group of affiliated telephone companies that
   elects to file its own Carrier Common Line tariff pursuant to paragraph
   (a) of this section shall notify the association not later than March 1
   of the year the tariff becomes effective that it will no longer
   participate in the association tariff. A telephone company or group of
   affiliated telephone companies that elects to file its own Carrier
   Common Line tariff for one of its study areas shall file its own
   Carrier Common Line tariff(s) for all of its study areas.

   (10) Any data supporting a tariff that is not an association tariff
   shall be consistent with any data that the filing carrier submitted to
   the association.

   (11) Any changes in Association common line tariff participation and
   Long Term and Transitional Support resulting from the merger or
   acquisition of telephone properties are to be made effective on the
   next annual access tariff filing effective date following consummation
   of the merger or acquisition transaction, in accordance with the
   provisions of § 69.3(e)(9).

   (f)(1) A tariff for access service provided by a telephone company that
   is required to file an access tariff pursuant to § 61.38 of this Chapter
   shall be filed for a biennial period and with a scheduled effective
   date of July 1 of any even numbered year.

   (2) A tariff for access service provided by a telephone company that
   may file an access tariff pursuant to § 61.39 of this Chapter shall be
   filed for a biennial period and with a scheduled effective date of July
   1 of any odd numbered year. Any such telephone company that does not
   elect to file an access tariff pursuant to the § 61.39 procedures, and
   does not participate in the Association tariff, and does not elect to
   become subject to price cap regulation, must file an access tariff
   pursuant to § 61.38 for a biennial period and with a scheduled effective
   date of July 1 of any even numbered year.

   (3) For purposes of computing charges for access elements other than
   Common Line elements to be effective on July 1 of any even-numbered
   year, the association may compute rate changes based upon statistical
   methods which represent a reasonable equivalent to the cost support
   information otherwise required under part 61 of this chapter.

   (g) The following rules apply to telephone company participation in the
   Association common line pool for telephone companies involved in a
   merger or acquisition.

   (1) Notwithstanding the requirements of § 69.3(e)(9), any Association
   common line tariff participant that is party to a merger or acquisition
   may continue to participate in the Association common line tariff.

   (2) Notwithstanding the requirements of § 69.3(e)(9), any Association
   common line tariff participant that is party to a merger or acquisition
   may include other telephone properties involved in the transaction in
   the Association common line tariff, provided that the net addition of
   common lines to the Association common line tariff resulting from the
   transaction in not greater than 50,000, and provided further that, if
   any common lines involved in a merger or acquisition are returned to
   the Association common line tariff, all of the common lines involved in
   the merger or acquisition must be returned to the Association common
   line tariff.

   (3) Telephone companies involved in mergers or acquisitions that wish
   to have more than 50,000 common lines reenter the Association common
   line pool must request a waiver of § 69.3(e)(9). If the telephone
   company has met all other legal obligations, the waiver request will be
   deemed granted on the sixty-first (61st) day from the date of public
   notice inviting comment on the requested waiver unless:

   (i) The merger or acquisition involves one or more partial study areas;

   (ii) The waiver includes a request for confidentiality of some or all
   of the materials supporting the request;

   (iii) The waiver includes a request to return only a portion of the
   telephone properties involved in the transaction to the Association
   common line tariff;

   (iv) The Commission rejects the waiver request prior to the expiration
   of the sixty-day period;

   (v) The Commission requests additional time or information to process
   the waiver application prior to the expiration of the sixty-day period;
   or

   (vi) A party, in a timely manner, opposes a waiver request or seeks
   conditional approval of the waiver in response to our public notice of
   the waiver request.

   (h) Local exchange carriers subject to price cap regulation as that
   term is defined in § 61.3(ee) of this chapter, shall file with this
   Commission a price cap tariff for access service for an annual period.
   Such tariffs shall be filed to meet the notice requirements of § 61.58
   of this chapter, with a scheduled effective date of July 1. Such tariff
   filings shall be limited to changes in the Price Cap Indexes, rate
   level changes (with corresponding adjustments to the affected Actual
   Price Indexes and Service Band Indexes), and the incorporation of new
   services into the affected indexes as required by § 61.49 of this
   chapter.

   (i) The following rules apply to the withdrawal from Association
   tariffs under the provision of paragraph (e)(6) or (e)(9) of this
   section or both by telephone companies electing to file price cap
   tariffs pursuant to paragraph (h) of this section.

   (1) In addition to the withdrawal provisions of paragraphs (e)(6) and
   (e)(9) of this section, a telephone company or group of affiliated
   companies that participates in one or more association tariffs during
   the current tariff year and that elects to file price cap tariffs or
   optional incentive regulation tariffs effective July 1 of the following
   tariff year shall notify the association by March 1 of the following
   tariff year that it is withdrawing from association tariffs, subject to
   the terms of this section, to participate in price cap regulation or
   optional incentive regulation.

   (2) The Association shall maintain records of such withdrawals
   sufficient to discharge its obligations under these Rules and to detect
   efforts by such companies or their affiliates to rejoin any Association
   tariffs in violation of the provisions of paragraph (i)(4) of this
   section.

   (3) Notwithstanding the provisions of paragraphs (e) (3), (6), and (9)
   of this section, in the event a telephone company withdraws from all
   Association tariffs for the purpose of filing price cap tariffs or
   optional incentive plan tariffs, such company shall exclude from such
   withdrawal all “average schedule” affiliates and all affiliates so
   excluded shall be specified in the withdrawal. However, such company
   may include one or more “average schedule” affiliates in price cap
   regulation or optional incentive plan regulation provided that each
   price cap or optional incentive plan affiliate relinquishes “average
   schedule” status and withdraws from all Association tariffs and any
   tariff filed pursuant to § 61.39(b)(2) of this chapter. See generally
   § § 69.605(c), 61.39(b) of this chapter; MTS and WATS Market Structure:
   Average Schedule Companies, Report and Order, 103 FCC 2d 1026–1027
   (1986).

   (4) If a telephone company elects to withdraw from Association tariffs
   and thereafter becomes subject to price cap regulation as that term is
   defined in § 61.3(v) of this chapter, neither such telephone company nor
   any of its withdrawing affiliates shall thereafter be permitted to
   participate in any Association tariffs.

   (j) [Reserved]

   (47 U.S.C. 154 (i) and (j), 201, 202, 203, 205, 218 and 403 and 5
   U.S.C. 553)

   [ 48 FR 10358 , Mar. 11, 1983]

   Editorial Note:   ForFederal Registercitations affecting § 69.3, see the
   List of CFR Sections Affected, which appears in the Finding Aids
   section of the printed volume and on GPO Access.