Goto Section: 61.55 | 61.59 | Table of Contents
FCC 61.58
Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 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 Sec. 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 Sec. 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 circulation.
(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 Sec. 69.727(a) of this chapter shall be filed on at least one day's
notice.
(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 Sec. 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
Sec. 61.42(d)(4)(ii) shall file subsequent tariff filings for corridor or
interstate intraLATA toll services on at least one day's notice.
(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 liability provisions.
(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' notice.
(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.
(f) [Reserved]
[ 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: 2005 |
2007
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