******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DA 97-2358 ) In the Matter of ) Support Material For Carriers to File) to Implement Access Charge Reform ) Effective January 1, 1998 ) ) ORDER Adopted: November 7, 1997; Released: November 7, 1997 By the Chief, Competitive Pricing Division: I. INTRODUCTION 1. The purpose of this Order is to facilitate price cap local exchange carriers' (LECs') filings of their Tariff Review Plans (TRPs) and of complete tariff filings to take effect on January 1, 1998 in response to the Access Charge Reform Proceeding. This Order addresses the following matters: (1) the dates on which the TRPs and complete tariff filings must be filed, as well as the dates for comments and replies; (2) what information must be provided with the TRPs; (3) a waiver of the 45-day notice requirement of section 61.58(c)(5) of the Commission's rules for early submissions of complete tariff filings; (4) service of the TRPs, complete tariff filings, comments, and replies; and (5) early agreements of confidentiality between parties. In addition, attachments to this Order establish the filing procedures for the TRPs and complete tariff filings. II. DISCUSSION A. Filing Dates for TRPs 2. Pursuant to section 61.49(l) of the Commission's rules, TRPs must be filed 90 days prior to the effective date of the annual access filings. In adopting this rule, the Commission found that it can require early filings of TRPs so long as it does not require that those TRPs contain proposed rates. "Early filing of changes . . . would facilitate review of the annual access filings within the streamlined notice periods by resolving most of the major issues currently raised in the annual access proceedings." We find that this rationale is equally applicable to the January 1, 1998 access filings. 3. We recognize that the information required for the TRP takes time to complete. However, we also are aware that we must provide sufficient time for review by all parties, and that there is little time to complete such review. Taking these factors into consideration, we direct price cap LECs to file their TRPs and all supporting cost studies by November 26, 1997. Comments will be due December 10, 1997, and replies will be due on December 17, 1997. B. Information to be Filed 4. Price cap LECs need not include in their November 26 submissions the following portions of the TRP: (1) the proposed actual price indices (APIs) and service band indices (SBIs) on Chart PCI-1; (2) Chart SUM-1, which is a summary chart displaying the proposed revenues in baskets and categories; and (3) Chart RTE-1, which is used to verify changes in proposed APIs and SBIs. By withholding this information, price cap LECs may avoid revealing their proposed rates prior to the complete tariff filing. C. 45-Day Notice Requirement 5. LECs may elect to submit a complete tariff filing prior to December 17, 1997, on more than the 15 days' notice applicable to streamlined tariff filings as specified in section 61.58(d) of the Commission's Rules. Such filings would ordinarily be subject to the 45 days' notice required by section 61.58(c)(5) for changes in rate structure. For any LEC that elects to submit such a filing after November 17, 1997, but before December 17, 1997, we hereby grant a waiver of the notice requirement of section 61.58(c)(5) for the purposes of making that filing. The dates for filing petitions for rejection or suspension and investigation as well as the dates for LEC replies related to such tariff filings are specified in Attachment 3. D. Service 6. Because there is limited time available for review of the TRPs, complete tariff filings, comments, and replies, we hereby waive the service requirement set forth in section 1.47(d) of the Commission's rules for these filings. On the date one of these filings is submitted to the Commission, it shall be served upon a party, his attorney, or other duly constituted agent by hand delivery or by fax transmission. Parties are instructed to provide contact persons and fax numbers in their filings. Price cap LECs are directed to serve the TRP and accompanying cost studies upon all persons that filed comments on the proposed TRP in response to the Common Carrier Bureau's Public Notice of October 15, 1997. E. Confidentiality 7. We recognize that entering protective agreements between parties concerning review of confidential material can take several days. However, in light of the limited time available for parties to review the TRPs, we are concerned that the time spent making confidentiality agreements after filings are made could be better used reviewing the TRPs themselves. Therefore, we ask that LECs that will need to make confidential material available for review make the necessary agreements in advance. Parties that desire to review a TRP should contact the appropriate LEC about making the agreement in advance. III. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED that price cap local exchange carriers are directed to file Tariff Review Plans in accordance with paragraph 3 supra. 9. IT IS FURTHER ORDERED that Section 61.58(c)(5) of the Commission's Rules, 47 C.F.R.  61.58(c)(5), IS WAIVED for the purpose specified in paragraph 5 supra. 10. IT IS FURTHER ORDERED that Section 1.47(d) of the Commission's Rules, 47 C.F.R.  1.47(d), IS WAIVED for the purpose specified in paragraph 6 supra. FEDERAL COMMUNICATIONS COMMISSION James D. Schlichting Chief, Competitive Pricing Division Common Carrier Bureau Attachment 1 Filing Pro cedures for the Tariff Rev iew Plans (TRPs) to be File d November 26, 1997 1. All correspondence and comments in connection with these filings should be designated in reference to Access Reform Tariff Filings. A. TRP Filing Distribution 2. Consult the distribution table in this Attachment 1, as to where to distribute the initial TRP filings. There is not a separate filing fee for these TRP filings. B. Computer Disks 3. Submit three 3.5-inch computer disk copies of the TRP in Lotus Release-3 format. A 3.5-inch high-density disk containing a Lotus Release-3 TRP file will be sent directly to price cap carriers. We urge carriers to run a computer virus check on each disk before submitting those disks. The computer file on the disk should be named COSA0198 where "COSA" is the 4-character company study area code. File two disk copies with the Competitive Pricing Division and one copy with ITS. C. Comments and Replies 4. Comments concerning the TRP filings on November 26, 1997 TRP must be filed on, or before, December 10, 1997, and replies are due on, or before, December 17, 1997. The original should be filed with the Secretary, and copies with the Competitive Pricing Division and ITS. We invite members of the general public to submit one copy of their comments, without regard to form, by letter to the Secretary. D. Public Information 5. Copies of these filings may be obtained from ITS (202) 857-3800 in Room 246 at the Commission. For more information, contact Rich Lerner at 202/418-1520 or John Scott at 202/418-1528, Common Carrier Bureau, Competitive Pricing Division. E. Electronic Filing 6. The Common Carrier Bureau Electronic Tariff Filing System (ETFS) may be available for filing these documents. Parties are encouraged to use ETFS in addition to filing paper in order to facilitate access to these documents. Filing Distribution List For the Price Cap TRPs Filed November 26, 1997 Number of Copies Paper 3.5 " Location LetterCopy Disk Secretary's Office 1919 M St., NW Room 222 1 - - ITS 1231 20th Street, NW Washington, DC 200361 1 1 Judy Nitsche Competitive Pricing Div. 1919 M St., NW Room 518 1 1 - John Scott Competitive Pricing Div. 1919 M St., NW Room 518 2 2 2 Jose Rodriguez Accounting & Audits Div. 2000 L St., NW Room 812 1 1 - Peyton Wynns Industry Analysis Div. 2033 M St., NW Suite 500 1 1 - Attachment 2 Filing Procedures for the Access Charge Tariff Filin gs to be Filed Effective Janu ary 1, 1998 1. All correspondence and comments in connection with these filings should be designated in reference to Access Reform Tariff Filings. A. TRP Filing Distribution 2. Consult the distribution table in Attachment 1, as to where to distribute the initial access charge tariff filing and supporting material. B. Comments and Replies 3. Consult the filing schedule attached to this Appendix 2 for the comment and reply dates with respect to tariff issuance dates. Originals should be filed with the Secretary, and copies with the Competitive Pricing Division and ITS. We invite members of the general public to submit one copy of their comments, without regard to form, by letter to the Secretary. C. Public Information 4. Copies of these filings may be obtained from ITS (202) 857-3800 in Room 246 at the Commission. For more information, contact Rich Lerner at 202/418-1520 or John Scott at 202/418-1528, Common Carrier Bureau, Competitive Pricing Division. D. Electronic Filing 5. The Common Carrier Bureau Electronic Tariff Filing System (ETFS) may be available for filing these documents. Parties are encouraged to use ETFS in addition to filing paper in order to facilitate access to these documents. Attachment 3 Filing Dates For Access Charge Tariff Filings to be Effective January 1, 1998 Tariff or TRP Filing Date Notice Period (Days) Petition/Comment Due Date Reply Due Date Nov. 26, 1997 36 12/10/97 12/17/97 Nov. 28, 1997 34 12/15/97 12/22/97 Dec. 1, 1997 31 12/16/97 12/23/97 Dec. 2, 1997 30 12/17/97 12/24/97 Dec. 3, 1997 29 12/10/97 12/16/97 Dec. 4, 1997 28 12/11/97 12/17/97 Dec. 5, 1997 27 12/12/97 12/18/97 Dec. 8, 1997 24 12/15/97 12/19/97 Dec. 9, 1997 23 12/16/97 12/22/97 Dec. 10, 1997 22 12/17/97 12/23/97 Dec. 11, 1997 21 12/18/97 12/24/97 Dec. 12, 1997 20 12/19/97 12/26/97* Dec. 15, 1997 17 12/22/97 12/29/97 Dec. 16, 1997 16 12/23/97 12/29/97 Dec. 17, 1997 15 12/23/97 12/29/97 * If the Commission is closed on 12/26/97, replies will be due the next business day, or December 29, 1997.