Goto Section: 61.55 | 61.59 | Table of Contents
Revised as of October 1, 2010
Goto Year:2009 |
§ 61.58 Notice requirements.
(a) Every proposed tariff filing must bear an effective date and,
except as otherwise provided by regulation, special permission, or
Commission order, must be made on at least the number of days notice
specified in this section.
(1) Notice is accomplished by filing the proposed tariff changes with
the Commission. Any period of notice specified in this section begins
on and includes the date the tariff is received by the Commission, but
does not include the effective date. If a tariff filing proposes
changes governed by more than one of the notice periods listed below,
the longest notice period will apply. In computing the notice period
required, all days including Sundays and holidays must be counted.
(2)(i) Local exchange carriers may file tariffs pursuant to the
streamlined tariff filing provisions of section 204(a)(3) of the
Communications Act. Such a tariff may be filed on 7 days' notice if it
proposes only rate decreases. Any other tariff filed pursuant to
section 204(a)(3) of the Communications Act, including those that
propose a rate increase or any change in terms and conditions, shall be
filed on 15 days' notice. Any tariff filing made pursuant to section
204(a)(3) of the Communications Act must comply with the applicable
cost support requirements specified in this part.
(ii) Local exchange carriers may elect not to file tariffs pursuant to
section 204(a)(3) of the Communications Act. Any such tariffs shall be
filed on at least 16 days' notice.
(iii) Except for tariffs filed pursuant to section 204(a)(3) of the
Communications Act, the Chief, Wireline Competition Bureau, may require
the deferral of the effective date of any filing made on less than 120
days' notice, so as to provide for a maximum of 120 days' notice, or of
such other maximum period of notice permitted by section 203(b) of the
Communications Act, regardless of whether petitions under § 1.773 of
this chapter have been filed.
(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.
(4) This subsection applies only to dominant carriers. If the tariff
publication would increase any rate or charge, or would effectuate and
authorized discountinuance, reduction or other impairment of service to
any customer, the offering carrier must inform the affected customers
of the content of the tariff publication. Such notification should be
made in a form appropriate to the circumstance, and may include written
notification, personal contact, or advertising in newspapers of general
(b) Tariffs for new services filed by price cap local exchange carriers
shall be filed on at least one day's notice.
(c) Contract-based tariffs filed by price cap local exchange carriers
pursuant to § 69.727(a) of this chapter shall be filed on at least one
(d)(1) A local exchange carrier that is filing a tariff revision to
remove its corridor or interstate intraLATA toll services from its
interexchange basket pursuant to § 61.42(d)(4)(ii) shall submit such
filing on at least fifteen days' notice.
(2) A local exchange carrier that has removed its corridor and
interstate intraLATA toll services from its interexchange basket
pursuant to § 61.42(d)(4)(ii) shall file subsequent tariff filings for
corridor or interstate intraLATA toll services on at least one day's
(e) Non-price cap carriers and/or services. (1) Tariff filings in the
instances specified in paragraphs (d)(1) (i), (ii), and (iii) of this
section must be made on at least 15 days' notice.
(i) Tariffs filed in the first instance by new carriers.
(ii) Tariffs filings involving new rates and regulations not previously
filed at, from, to or via points on new lines; at, from to or via new
radio facilities; or for new points of radio communication.
(iii) Tariff filings involving a change in the name of a carrier, a
change in Vertical or Horizontal coordinates (or other means used to
determine airline mileages), a change in the lists of mileages, a
change in the lists of connecting, concurring or other participating
carriers, text changes, or the imposition of termination charges
calculated from effective tariff provisions. The imposition of
termination charges does not include the initial filing of termination
(2) Tariff filings involving a change in rate structure, a new
offering, or a rate increase must be made on at least 45 days' notice.
(3) Alascom, Inc. shall file its annual tariff revisions for its Common
Carrier Services (Alascom Tariff F.C.C No. 11) on at least 35 days'
(4) All tariff filings not specifically assigned a different period of
public notice in this part must be made on at least 35 days' notice.
[ 49 FR 40869 , Oct. 18, 1984, as amended at 54 FR 19844 , May 8, 1989; 55 FR 42384 , Oct. 19, 1990; 56 FR 1500 , Jan. 15, 1991; 56 FR 5956 , Feb.
14, 1991; 56 FR 55239 , Oct. 25, 1991; 58 FR 36149 , July 6, 1993; 59 FR 10304 , Mar. 4, 1994; 62 FR 5778 , Feb. 7, 1997; 64 FR 46591 , Aug. 26,
1999; 64 FR 51266 , Sept. 22, 1999; 67 FR 13228 , Mar. 21, 2002]
Goto Section: 61.55 | 61.59
Goto Year: 2009 |
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