[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Rules and Regulations]
[Pages 35539-35541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17410]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 61
[DA 98-914]
Electronic Tariff Filing System
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission adopted a Report and Order which requires that
incumbent local exchange carriers (LECs) use the Common Carrier
Bureau's (Bureau) Electronic Tariff Filing System (ETFS) to officially
file tariffs and associated documents. The Order amends the
Commission's tariff filing rules to accommodate mandatory electronic
filing. This Order applies the mandatory electronic filing requirement
to incumbent LECs only. However, ETFS also enables interested parties
to access and download these documents over the Internet, and to file
petitions to reject, or suspend and investigate tariff filings
electronically.
EFFECTIVE DATE: July 1, 1998.
FOR FURTHER INFORMATION CONTACT: Todd R. Mitchell or Geneva S. Butler,
Competitive Pricing Division, Common Carrier Bureau, (202) 418-1520.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order
adopted on May 28, 1998, and released on May 28, 1998. The full text of
the Order is available for inspection and copying during normal
business hours in the Commission's Public Reference Room, Room 239,
1919 M Street N.W., Washington, DC. The complete text of this decision
may be purchased from the Commission's duplication contractor,
International Transcription Services Inc. (ITS), (202) 857 3800, 1231
20th Street, N.W., Washington, DC 20036.
1. The amended rules also provide that the official filing date is
the date on which the document is received by ETFS. The date of receipt
shall be determined by the time of the end of the electronic
transmission with 5:30 pm Eastern Time as the cut-off time for filings.
Thus, if the transmission of a filing ends after 5:30 pm Eastern Time
on a business day, the official filing date will be the next business
day. If the time of termination of the filing is on a day that is not a
business day, such as, a weekend or holiday, the official filing date
will be the next business day. ETFS automatically establishes the date
of filing in accordance with these requirements. Parties filing
electronically must request and receive a receipt at the end of each
filing session in order to complete the transmission. The receipt,
which will be received at the filer's computer, will provide details of
the filing session, including the official receipt date and time, and
will serve as the filing party's official documentation that the filing
was received by the Commission. The Commission requires that all
incumbent LECs file all of their tariff base documents electronically
within the first five business days of July, 1998. Nonmajor rules, such
as implementation of electronic tariff filing, and rules implementing
the Telecommunications Act of 1996 can go into effect as determined by
the agency as long as Contract With America Advancement Act (CWAAA) and
required abstracts have been filed with Congress. ETFS has met these
requirements, therefore the waiting period for Federal Register
printing is not required.
2. Access to ETFS is via the Common Carrier Bureau's web page:
<http://www.fcc.gov/ccb>, for the incumbent LECs and other interested
parties. Access to the web page is through an Internet Service Provider
(ISP) with software that includes a browser program, preferably
Netscape 3.0 or later versions. To view documents in ETFS effectively,
a user must have Adobe Acrobat plug-in for browser software. An ETFS
user's manual is available for viewing or downloading, as well as, in
paper form from the Commission's commercial copy contractor, ITS. A
computer terminal is available in the Commission's Public Reference
Room, Room 239, 1919 M Street NW, Washington, DC, for accessing ETFS.
The Commission has established an e-mail address ([email protected]) and an
information line (202) 418-7700, for questions and comments. Bureau,
202-418-1520.
Paperwork Reduction Act:
The Federal Communications Commission received Office of Management
and Budget approval for the following public information collection
pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13. An
agency may not conduct or sponsor and a person is not required to
respond to a collection of information unless it displays a currently
valid control number.
OMB Control No.: 3060-0745.
Expiration Date: 12/31/2000.
Title: Implementation of the Local Exchange Carrier Tariff
Streamlining Provisions in the Telecommunications Act of 1996--CC
Docket No. 96-187.
Form No.: N/A.
Respondents: Business or other for-profit entities.
Estimated Annual Burden: 1400 respondents; .33 hours per response
(avg.); 462 total annual burden hours (estimates for electronic filing
only).
Estimated Annual Reporting and RecordKeeping Cost Burden: $170,000.
Frequency of Response: On occasion.
Description: In the Tariff Streamlining Report and Order, the
Commission adopted regulations implementing the tariff streamlining
provisions of the Telecommunications Act of 1996. The Commission
determined, inter alia, that it would establish a program of mandatory
electronic filing of tariffs and associated documents by incumbent
local exchange carriers (LECs). The Commission delegated authority to
the Chief, Common Carrier Bureau (Bureau), to establish this program.
This Order amends rules to accommodate the Commission's Electronic
Tariff Filing System (ETFS). Incumbent LECs must use the Bureau's ETFS
to officially file tariffs and associated documents beginning July 1,
1998. Other parties may also file documents using ETFS, such as
petitions to reject, or suspend and investigate tariff filings
beginning July 1, 1998. Obligation to respond: Mandatory.
Public reporting burden for the collection of information is as
noted above. Send comments regarding the burden estimate or any other
aspect of the collection of information, including suggestions for
reducing the burden to Performance Evaluation and Records Management,
Washington, D.C. 20554.
Ordering Clause
Accordingly, It Is Ordered, pursuant to sections 1, 4(i), 10, 201-
205, of the Communications Act of 1934, as amended, 47 U.S.C. 151,
154(i), 160, 201-205, and the authority delegated pursuant to sections
0.91 and 0.291 of the Commission's rules, 47 CFR 0.91, 0.291, and
paragraph 48 of the Tariff Streamlining Order, 12 FCC Rcd 2170, page
2195 (1997), part 61 of the Commission's rules is amended as set forth
in the rule changes.
[[Page 35540]]
It Is Further Ordered that these rules shall become effective July
1, 1998.
List of Subjects in 47 CFR Part 61
Tariffs.
Federal Communications Commission.
Patrick J. Donovan,
Deputy Chief, Competitive Pricing Division, Common Carrier Bureau.
Rule Changes
For the reasons discussed in the preamble part 61 of Title 47 of
the Code of Federal Regulations, is amended as follows:
1. The authority citation for part 61 continues to read as follows:
Authority: Section 1, 4(i), 4(j), 201-205, and 403 of the
Communications Act of 1934, as amended; 47 U.S.C. 151, 154(i),
154(j), 201-205, and 403, unless otherwise noted.
2. Add new Secs. 61.13 through 61.17 and a new undesignated center
heading after the heading ``GENERAL RULES'' to read as follows:
Rules for Electronic Filing
Sec. 61.13 Scope.
Sec. 61.14 Method of filing publications.
Sec. 61.15 Letters of transmittal and cover letters.
Sec. 61.16 Base documents.
Sec. 61.17 Method of filing applications for special permission.
Rules for Electronic Filing
Sec. 61.13 Scope.
(a) This applies to all tariff publications of carriers required to
file tariff publications electronically, and any tariff publication
that a carrier chooses to file electronically.
(b) All incumbent local exchange carriers are required to file
tariff publications electronically.
(c) All tariff publications shall be filed in a manner that is
compatible and consistent with the technical requirements of the
Electronic Tariff Filing System.
Sec. 61.14 Method of filing publications.
(a) Publications filed electronically must be addressed to
``Secretary, Federal Communications Commission, Washington, DC 20554.''
The Electronic Tariff Filing System will accept filings 24 hours a day,
seven days a week. The official filing date of a publication received
by the Electronic Tariff Filing System will be determined by the date
and time the transmission ends. If the transmission ends after the
close of a business day, as that term is defined in Sec. 1.4(e)(2) of
this Chapter, the filing will be date and time stamped as of the
opening of the next business day.
(b) In addition, except for issuing carriers filing tariffing fees
electronically, for all tariff publications requiring fees as set forth
in part 1, subpart G of this chapter, issuing carriers must submit the
original of the transmittal letter, (without attachments), FCC Form
159, and the appropriate fee to the Mellon Bank, Pittsburgh, PA, at the
address set forth in Sec. 1.1105 of this chapter. Issuing carriers
submitting tariff fees electronically should submit a copy of the Form
159 and the original transmittal letter to the Secretary of the
Commission in lieu of the Mellon Bank. The Form 159 should display the
Electronic Audit Code in the box in the upper left hand corner marked
``reserved''. Issuing carriers should submit these fee materials on the
same day as the transmission in paragraph (a) of this section.
(c) Carriers that are required to file publications electronically
may not file those publications on paper or other media unless
specifically required to do so by the Commission.
(d) Carriers that are required to file publications electronically
need only transmit one set of files to the Commission. No other copies
to any other party are required.
(e) Carriers that are required to file publications electronically
must continue to comply with the format requirements set forth in part
61.
Sec. 61.15 Letters of transmittal and cover letters.
(a) All tariff publications filed with the Commission
electronically must be accompanied by a letter of transmittal. All
letters of transmittal must:
(1) Concisely explain the nature and purpose of the filing;
(2) Specify whether supporting information is required for the new
tariff or tariff revision, and specify the Commission rule or rules
governing the supporting information requirements for that filing;
(3) Contain a statement indicating the date and method of filing of
the original of the transmittal as required by Sec. 61.14(b).
(b) Carriers filing tariffs electronically pursuant to the notice
requirements of section 204(a)(3) of the Communications Act shall
display prominently, in the upper right hand corner of the letter of
transmittal, a statement that the filing is made pursuant to that
section and whether the tariff is filed on 7 or 15 days notice.
(c) Any carrier filing a new or revised tariff made on 15 days'
notice or less shall include in the letter of transmittal the name,
room number, street address, telephone number, and facsimile number of
the individual designated by the filing carrier to receive personal or
facsimile service of petitions against the filing as required under
Sec. 1.773(a)(4) of this chapter.
(d) The letter of transmittal must specifically reference by number
any special permission necessary to implement the tariff publication.
Special permission must be granted prior to the filing of the tariff
publication and may not be requested in the transmittal letter.
(e) The letter of transmittal must be substantially in the format
established in Secs. 61.33(g) and 61.33(h)(1).
(f) All submissions of documents other than a new tariff or
revisions to an existing tariff, such as Base Documents or Tariff
Review Plans, must be accompanied by a cover letter that concisely
explains the nature and purpose of the filing. Publications submitted
under this paragraph are not required to submit a tariffing fee.
Sec. 61.16 Base documents.
(a) The Base Document is a complete tariff which incorporates all
effective revisions, as of the last day of the preceding month. The
Base Document should be submitted with a cover letter as specified in
Sec. 61.15(f) of this part and identified as the Monthly Updated Base
Document.
(b) Initially, carriers that currently have tariffs on file with
the commission must file a Base Document within five days of the
initiation of mandatory electronic filing.
(c) Subsequently, if there have been revisions that became
effective up to and including the last day of the preceding month, a
new Base Document must be submitted within the first five business days
of the current month that will incorporate those revisions.
Sec. 61.17 Method of filing applications for special permission.
(a) An application for special permission filed electronically must
be addressed to ``Secretary, Federal Communications Commission,
Washington, DC 20554.'' The Electronic Tariff Filing System will accept
filings 24 hours a day, seven days a week. The official filing date of
a publication received by the Electronic Tariff Filing System will be
determined by the date and time the transmission ends. If the
transmission ends after the close of a business day, as that term is
defined in Sec. 1.4(e)(2) of this chapter, the filing will be date and
time stamped as of the opening of the next business day.
(b) In addition, except for issuing carriers filing tariffing fees
electronically, for special permission applications requiring fees as
set forth in part 1, subpart G of this chapter,
[[Page 35541]]
issuing carriers must submit the original of the application letter
(without attachments), FCC Form 159, and the appropriate fee to the
Mellon Bank, Pittsburgh, PA, at the address set forth in Sec. 1.1105 of
this chapter. Issuing carriers submitting tariffing fees electronically
should submit a copy of the Form 159 and the original application
letter to the Secretary of the Commission in lieu of the Mellon Bank.
The Form 159 should display the Electronic Audit Code in the box in the
upper left hand corner marked ``reserved''. Issuing carriers should
submit these fee materials on the same day as the transmission in
paragraph (a) of this section.
(c) In addition, the requirements of Sec. 61.153(c) are applicable,
except the additional copy addressed to the Chief, Tariff and Pricing
Analysis Branch is not required.
3. Section 61.52 is amended by revising paragraph (c) to read as
follows:
Sec. 61.52 Form, size, type, legibility, etc.
* * * * *
(c) Incumbent local exchange carriers shall file all tariff
publications and associated documents, such as transmittal letters,
requests for special permission, and supporting information,
electronically in accordance with the requirements set forth in
Sec. 61.13 through Sec. 61.17.
[FR Doc. 98-17410 Filed 6-29-98; 8:45 am]
BILLING CODE 6712-01-P