Goto Section: 69.2 | 69.4 | Table of Contents
FCC 69.3
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 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: For Federal Register citations affecting § 69.3,
see the List of CFR Sections Affected, which appears in the Finding
Aids section of the printed volume and at www.fdsys.gov.
Goto Section: 69.2 | 69.4
Goto Year: 2010 |
2012
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