Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+---------------------------------------+---+--------------------------+
| In the Matter of **)**                |   | C                        |
|                                       |   |                          |
| **)**                                 |   |                          |
|                                       |   |                          |
| July 2, 2002 **) WCB/Pricing 02-12**  |   |                          |
|                                       |   |                          |
| Annual Access Charge Tariff Filings   |   |                          |
| **)**                                 |   |                          |
+---------------------------------------+---+--------------------------+

**ORDER**

**Adopted:** April 26, 2002 **Released:** April 26, 2002

By the Chief, Pricing Policy Division:

I.  **INTRODUCTION**

1\. This order establishes procedures for the 2002 filing of annual
access charge tariffs by all incumbent local exchange carriers (ILECs).
Specifically, it sets a modified effective date of July 2, 2002 for the
July 2002 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. All
correspondence and comments in connection with these filings should be
designated in reference to July 2, 2002 Annual Access Charge Tariff
Filing.

II. **DISCUSSION**

**A. Tariff Effective Date, Tariff Filing Dates, and Tariff Filling
Instructions**

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. Because of the weekend schedule in June and
July of 2002, it is necessary to modify the usual July 1 tariff
effective date for 2002 in order to accommodate the filing of tariff
revisions under Section 204(a)(3) of the Communications Act of 1934, as
amended (the Act).[^1] Accordingly, the July 2002 effective date for
ILEC annual access tariffs is modified to be July 2, 2002.[^2] For
tariffs filed on 15 days' notice, ILECs must make their annual tariff
filings on June 17, 2002. For tariffs filed on seven days' notice, ILECs
must make their tariff filings on June 25, 2002. ILECs must use the
Electronic Tariff Filing System (ETFS) to file all of their tariff
material,[^3] including their Tariff Review Plans (TRPs). ILECs should
make every effort to file as early in the day as possible in order to
avoid any complications on meeting the June 17, 2002, and June 25, 2002,
pre-7:00 PM deadlines for filing with the ETFS. ILEC filings must be
received by ETFS after 7:00 PM Eastern Time on June 16, 2002 and before
7:00 PM Eastern Time on June 17, 2002 for the filing to be considered
officially received on June 17, 2002. ILEC filings must be received by
ETFS after 7:00 PM Eastern Time on June 24, 2002 and before 7:00 PM
Eastern Time on June 25, 2002 for the filing to be considered officially
received on June 25, 2002. ILECs are reminded that there are remote
filing sites available, at the following addresses:

> California <http://www.fccetfs.com/>
>
> Chicago [http://161.58.254.112/](http://www.161.58.254.112/)

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] Since 2002 is an even-numbered
year, only the price cap ILECs and the ILECs filing pursuant to section
61.38 are required to file revised access tariffs including support
material that includes a TRP. For the 2002 annual access tariff filing,
we are requiring the ILECs that do not normally file revised access
tariffs this year to submit only supporting material in the form of a
TRP that will detail the implementation of the procedures adopted in the
MAG Order.[^9] The details of this supporting material will be spelled
out in a subsequent order.

4\. In addition to filing the TRP on ETFS, each ILEC filing a TRP should
provide the Pricing Policy Division of the Wireline Competition Bureau
with two copies of the TRP on diskette or CD-ROM. These two copies
should be marked ATTN: Raj Kannan, 5-A207, 445 12^th^ Street, SW,
Washington, DC 20554. One copy of the TRP on diskette or CD-ROM should
also be given both to the FCC Reference Information Center, Portals II,
445 12^th^ Street, SW, Room CY-A257, Washington, DC 20554 and to the
Commission's Duplication Contractor, Qualex International, Portals II,
445 12^th^ Street, SW, Room CY-B402, Washington, DC 20554. Computer
diskette or CD-ROM copies of the price cap TRP's should be submitted in
Lotus Release-5 format. We urge carriers to run a computer virus check
on each diskette or CD before submitting those disks or CDs. The
computer file on the diskette or CD-ROM should be named COSAAN01 where
"COSA" is the 4-character company study area code.

5\. Copies of the TRP filed on diskette or CD-ROM may be obtained from
Qualex International (202) 863-2893 at 445 12^th^ Street, SW, Room
CY-B402, Washington, DC 20554. Copies of any information filed
electronically may be obtained via the Internet using the ETFS at
[http://svartifoss2.fcc.gov/prod/ccb/etfs]{.underline},[^10] or from
Qualex. For more information, contact Raj Kannan at (202) 418-1540,
Pricing Policy Division, Wireline Competition Bureau.

6\. 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, however, we require that this short form TRP be filed on May 1,
2002.[^11] We will issue a separate order that will provide the details
of the short form TRP and the regular TRP. Comments on the short form
TRP will be due on May 13, 2002 and replies will be due May 20, 2002.

## B. Pleading Filing Dates and Procedures

7\. In order to maximize the time available for parties to review the
tariff filings and file comments, while leaving ILECs sufficient time to
respond, we are modifying the time for filing replies to petitions to
suspend or reject tariff filings made on seven days' notice. In
accordance with the tariff filing schedules, petitions to suspend or
reject tariff filings made on 15 days' notice will be due June 24, 2002,
and replies will be due June 28, 2002. Petitions to suspend or reject
tariff filings made on seven days' notice will be due June 28, 2002 and
replies will be due no later than 12:00 noon Eastern Time on July 1,
2002.[^12]

8\. Parties filing pleadings are encouraged to use ETFS in order to
facilitate access to these documents. Comments should be addressed to
the Commission's Secretary, Marlene H. Dortch, Office of the Secretary,
Federal Communications Commission, 445 12^th^ Street, SW, Washington, DC
20554. Parties should send three paper copies of their filing to Raj
Kannan, Pricing Policy Division, Wireline Competition Bureau, Federal
Communications Commission, 445 12^th^ Street, SW, Room 5-A207,
Washington, DC 20554. Parties should also send one copy to the
Commission's duplicating contractor, Qualex International, Portals II,
445 12^th^ Street, SW, Room CY-B402, Washington, DC 20554, telephone
202-863-2893, facsimile 202-863-2898, or via e-mail
<qualexint@aol.com>**.**

9\. 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). The Commission\'s contractor, Vistronix, Inc., will
receive hand-delivered or messenger-delivered paper filings for the
Commission\'s Secretary at 236 Massachusetts Avenue, N.E., Suite 110,
Washington, D.C. 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 mail, Express
Mail, and Priority Mail should be addressed to 445 12th Street, SW,
Washington, D.C. 20554. All filings must be addressed to the
Commission\'s Secretary, Office of the Secretary, Federal Communications
Commission, 445 12th Street, SW, Washington, DC 20554. The following
chart summarizes this information:

+-----------------------------------+----------------------------------+
| **TYPE OF DELIVERY**              | > **PROPER DELIVERY ADDRESS**    |
+-----------------------------------+----------------------------------+
| Hand-delivered paper filings      | > Vistronix, Inc.                |
|                                   | >                                |
|                                   | > 236 Massachusetts Avenue, NE,  |
|                                   | >                                |
|                                   | > Suite 110, Washington, DC      |
|                                   | > 20002 (Weekdays - 8:00 a.m. to |
|                                   | > 7:00 p.m.)                     |
+-----------------------------------+----------------------------------+
| Commercial delivered documents    | > 9300 East Hampton Drive,       |
| (e.g., Federal Express) including | >                                |
| documents sent by overnight mail  | > Capitol Heights, MD 20743      |
| (this type excludes USPS Express  | >                                |
| and Priority Mail)                | > (Weekdays - 8:00 a.m. to 5:30  |
|                                   | > p.m.)                          |
+-----------------------------------+----------------------------------+
| USPS First-Class, Express, and    | > 445 12^th^ Street, SW          |
| Priority Mail                     | >                                |
|                                   | > Washington, DC 20554           |
+-----------------------------------+----------------------------------+

Petitioners and carriers filing in paper format should file their
originals with the Secretary as specified above, with copies to the
Chief, Pricing Policy Division at 445 12^th^ Street, SW, 5-A207,
Washington, DC 20554, and Qualex. Petitioners and carriers filing
electronically on the ETFS will **[not]{.underline}** be required to
file copies with the Pricing Policy Division or Qualex. For the purpose
of this tariff proceeding, any petitions and reply comments filed on the
ETFS will be considered officially filed with the Commission. We caution
parties that the Commission's Electronic Comment Filing System (ECFS)
will not accept these petitions and replies. We also invite members of
the general public to submit one copy of their comments, without regard
to form, by letter to the Secretary, 445 12^th^ Street, SW, Washington,
DC 20554.

# Service

10\. 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 carrier or the
petitioner, respectively, or their 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**

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

12\. IT IS FURTHER ORDERED that, pursuant to section 1.3 of the
Commissions rules, 47 C.F.R. § 1.3, section 69.3 of the Commission's
rules 47 C.F.R. § 69.3, is WAIVED for the purpose specified in paragraph
2 *supra*.

13\. 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 5 *supra.*

14\. IT IS FURTHER ORDERED that, pursuant to section 1.3 of the
Commissions rules, 47 C.F.R. § 1.3, section 1.4(f) of the Commission's
rules, 47 C.F.R. § 1.4(f), IS WAIVED for the purpose specified in
paragraph 6 *supra.*

15\. IT IS FURTHER ORDERED that, pursuant to section 1.3 of the
Commissions 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 8 *supra.*

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

[^1]: ^?^ 47 U.S.C. § 204(a)(3). Pursuant to this section of the Act,
    ILECs may file certain tariffs that take effect 15 days after they
    are filed. To be effective on July 1, these tariffs would have to be
    filed on Sunday, June 16. The Commission, however, is closed on
    Sundays.

[^2]: ^?^ We waive any inconsistent portions of section 69.3 of the
    Commission's rules.

[^3]: ^?^ 47 C.F.R. § 61.13(b).

[^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]: Multi-Association Group (MAG) Plan for Regulation of Interstate
    Services of Non-Price Cap Incumbent Local Exchange Carriers and
    Interexchange Carriers, CC Docket No. 00-256, *Second Report and
    Order and Further notice of Proposed Rulemaking,* FCC 01-304 (rel.
    Nov 8, 2001) (*"Rate-of-Return Access Charge Reform Order").*

[^10]: ^?^ Users may also use the alternate site for accessing ETFS at
    <http://gullfoss2.fcc.gov/prod/ccb/etfs/>.

[^11]: ^?^ We waive any inconsistent portions of section 61.49(k) of the
    Commission's rules.

[^12]: ^?^ We waive any inconsistent portions of section 1.4(f) 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.