**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+--------------------------------------------+-------------------------+
| In the Matter of **)**                     | **WCB/Pricing 05-22**   |
|                                            |                         |
| **)**                                      |                         |
|                                            |                         |
| July 1, 2005 **)**                         |                         |
|                                            |                         |
| Annual Access Charge Tariff Filings **)**  |                         |
+--------------------------------------------+-------------------------+

**ORDER**

**Adopted:** April 7, 2005 **Released:** April 8, 2005

By the Chief, Pricing Policy Division:

SHORT FORM TRP: May 2, 2005

COMMENTS: May 18, 2005

REPLIES: May 25, 2005

15-DAY TARIFF FILINGS: June 16, 2005

PETITIONS: June 23, 2005

REPLIES: June 28, 2005

7-DAY TARIFF FILINGS: June 24, 2005

PETITIONS: June 28, 2005

REPLIES: 12:00 noon ET June 30, 2005

I.  **INTRODUCTION**

1\. This order establishes procedures for the 2005 filing of annual
access charge tariffs and Tariff Review Plans (TRPs) by all incumbent
local exchange carriers (ILECs). Specifically, it sets an effective date
of July 1, 2005 for the July 2005 annual tariff filings; addresses the
dates on which the tariff filings must be filed, the dates and times for
filing petitions to suspend or reject the ILEC tariff filings, and
replies to any such petitions; and addresses service of the petitions
and replies. It further sets the date that price cap carriers must file
the short form TRP.[^1] All correspondence and comments in connection
with these filings should be designated in reference to July 1, 2005
Annual Access Charge Tariff Filings.

II. **DISCUSSION**

**A. Tariff Effective Date and Tariff Filing Dates**

2\. ILECs are permitted to make their tariff filings either 15 or 7 days
prior to the effective date of their tariffs, depending on the type of
changes the tariffs propose.[^2] Annual access tariff filings must be
filed with a scheduled effective date of July 1.[^3] For tariffs filed
on 15 days' notice, ILECs must make their annual tariff filings on June
16, 2005. For tariffs filed on seven days' notice, ILECs must make their
tariff filings on June 24, 2005.

3\. ILECs that file tariffs under the price cap ratemaking methodology
are required to file revised annual access tariffs every year.[^4] ILECs
that file tariffs under the rate-of-return ratemaking methodology are
required to file every other year. Further, ILECs filing pursuant to the
requirements of section 61.38 [^5] are required to file in even-numbered
years,[^6] and those filing pursuant to section 61.39 [^7] are required
to file in odd-numbered years and are not required to submit supporting
material with the revised tariff.[^8] Because 2005 is an odd-numbered
year, only the price cap ILECs and the ILECs filing pursuant to section
61.39 are required to file revised access tariffs this year. Any
rate-of-return ILEC subject to section 61.38 may elect to make a
voluntary tariff filing at this time.

**B. Tariff Review Plan Filing Dates**

4\. Price cap ILECs are required to submit both a short form TRP and a
long-form TRP. Section 61.49(k) of the Commission's rules requires price
cap carriers to file a short form TRP without rate detail information 90
days prior to the usual effective date of July 1. For this year's
filing, we require that this short form TRP be filed on May 2, 2005.[^9]
Rate-of-return ILECs subject to section 61.38 that are making voluntary
filings this year must file a rate-of-return TRP with their annual
access tariff filing in June 2005. We will issue a separate order that
will provide the details of the price cap short form and regular TRP as
well as the rate-of-return TRP. Comments on the short form TRP will be
due on May 18, 2005. Replies will due May 25, 2005.

**C. Tariff and Tariff Review Plan Filing Instructions**

5\. ILECs must use the Commission's Electronic Tariff Filing System
(ETFS) to file all of their tariff material.[^10] ILECs should make
every effort to file as early in the day as possible in order to avoid
any complications in meeting the May 2, 2005, June 16, 2005, and June
24, 2005, pre-7:00 pm deadlines for filing with the ETFS. Price cap ILEC
short form TRP filings must be received by ETFS after 7:00 pm Eastern
Time on April 29, 2005 and before 7:00 pm Eastern Time on May 2, 2005
for the filing to be considered officially received on May 2, 2005. ILEC
tariff filings must be received by ETFS after 7:00 pm Eastern Time on
June 15, 2005 and before 7:00 pm Eastern Time on June 16, 2005 for the
filing to be considered officially received on June 16, 2005. ILEC
tariff filings must be received by ETFS after 7:00 pm Eastern Time on
June 23, 2005 and before 7:00 pm Eastern Time on June 24, 2005 for the
filing to be considered officially received on June 24, 2005.

6\. Carriers filing TRPs are no longer asked to provide them or other
cost support information on diskette or CD-ROM.

7\. Copies of the information filed electronically may be obtained via
the Internet using the ETFS at
[http://svartifoss2.fcc.gov/prod/ccb/etfs]{.underline},[^11] or from
Best Copy and Printing, Inc., (202) 488-5300, at 445 12^th^ Street, SW,
Room CY-B402, Washington, DC 20554. For more information, contact Raj
Kannan at (202) 418-1540, Pricing Policy Division, Wireline Competition
Bureau.

## D. Pleading Filing Dates and Procedures

8\. In accordance with the tariff filing schedule, petitions to suspend
or reject tariff filings made on 15 days' notice will be due June 23,
2005, and replies will be due June 28, 2005. Petitions to suspend or
reject tariff filings made on seven days' notice will be due June 28,
2005, and replies will be due no later than 12:00 noon Eastern Time on
June 30, 2005.[^12]

9\. Parties filing pleadings are encouraged to use ETFS in order to
facilitate access to these documents. Comments and replies should
reference **WCB/Pricing 05-22.** Parties filing paper copies must file
an original and four (4) copies of each filing.

10\. Paper filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S. Postal
Service mail (although we continue to experience delays in receiving
U.S. Postal Service mail and the Commission advises that electronic
media NOT be sent through the U.S. Postal Service). All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of before entering the building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class, Express, and Priority mail should
    be addressed to 445 12th Street, SW, Washington DC 20554.

11\. All filings must be addressed to the Commission\'s Secretary,
Office of the Secretary, Federal Communications Commission.

12\. Three (3) paper copies and one e-mail copy of the comments and
reply comments should also be sent to Raj Kannan, Pricing Policy
Division, Wireline Competition Bureau, Federal Communications
Commission, 445 12th Street, SW, Room 5-A221, Washington, DC 20554,
\<raj.kannan@fcc.gov\>. A courtesy copy should be addressed to Chief
Pricing Policy Division, Wireline Competition Bureau, 445 12th Street,
SW, Room 5-A225, Washington, DC 20554 and e-mailed to
\<<judith.nitsche@fcc.gov>\>. Parties shall also serve one copy with
Best Copy and Printing, Inc., Portals II, 445 12th Street, SW, Room
CY-B402, Washington, DC 20554, (202) 488-5300, or via e-mail to
\<FCC@BCPIWEB.COM.\>

# E. Service

13\. Because there is limited time available for review of the petitions
and replies, we establish the following service requirements for these
filings. On the date one of these filings is submitted to the
Commission, it shall be served upon the filing local exchange carrier or
the petitioner, respectively, or its attorney or other duly constituted
agent, by personal delivery or by facsimile transmission.[^13] Parties
are instructed to provide contact persons and facsimile numbers in their
filings. Parties filing petitions and replies electronically are
reminded they are still required to serve copies in accordance with
these rules as stated herein.

**III. ORDERING CLAUSE**

14\. Accordingly, IT IS ORDERED that, pursuant to sections 1, 4 (i) and
(j), 201-209, of the Communications Act, as amended, this order is
HEREBY ADOPTED as described above.

15\. IT IS FURTHER ORDERED that, pursuant to section 1.3 of the
Commissions rules, 47 C.F.R. § 1.3, section 61.49(k) of the Commission's
rules, 47 C.F.R. § 61.49(k), IS WAIVED for the purpose specified in
paragraph 4 *supra.*

16\. IT IS FURTHER ORDERED that, pursuant to section 1.3 of the
Commission's rules, 47 C.F.R. § 1.3, sections 1.4(f) and 1.773(b) of the
Commission's rules, 47 C.F.R. §§ 1.4(f), 1.773(b) ARE WAIVED for the
purpose specified in paragraph 8 *supra.*

17\. IT IS FURTHER ORDERED that, pursuant to section 1.3 of the
Commission's rules, 47 C.F.R. § 1.3, section 1.47(d) of the Commission's
rules, 47 C.F.R. § 1.47(d), IS WAIVED for the purpose specified in
paragraph 13 *supra.*

> FEDERAL COMMUNICATIONS COMMISSION
>
> Tamara L. Preiss
>
> Chief, Pricing Policy Division
>
> Wireline Competition Bureau

[^1]: The price cap ILECs that must file a short form TRP on May 2,
    2005, are ALLTEL Telephone System, Ameritech Operating Companies,
    BellSouth Telecommunications, Inc., Cincinnati Bell Telephone,
    Citizens Telecommunications Companies, Frontier Communications of
    Minnesota and Iowa, Frontier Communications of Rochester, Iowa
    Telecommunications Services, Inc., Nevada Bell Telephone Company,
    Pacific Bell Telephone Company, Qwest Corporation, Southern New
    England Telephone, Southwestern Bell Telephone, Sprint Local
    Telephone Companies, Valor Telecommunications Enterprises, LLC, and
    Verizon Telephone Companies.

[^2]: 47 U.S.C. §204(a)(3).

[^3]: 47 C.F.R. § 69.3(a).

[^4]: 47 C.F.R. § 61.43.

[^5]: 47 C.F.R. § 61.38.

[^6]: 47 C.F.R. § 69.3(f)(1).

[^7]: 47 C.F.R. § 61.39.

[^8]: 47 C.F.R. § 69.3(f)(2).

[^9]: We waive any inconsistent portions of section 61.49(k) of the
    Commission's rules.

[^10]: 47 C.F.R. § 61.13(b).

[^11]: Users may also use the alternate site for accessing ETFS at
    <http://gullfoss2.fcc.gov/prod/ccb/etfs/>.

[^12]: We waive any inconsistent portions of sections 1.4(f) and
    1.773(b) of the Commission's rules.

[^13]: 47 C.F.R. §§ 1.773(a)(4) and (b)(3). We waive any inconsistent
    portions of section 1.47(d) of the Commission's rules.