Before the

Federal Communications Commission

**Washington, D.C. 20554**

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| In the Matter of                 | * | CC Docket No. 02-36          |
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| Investigation of Tariffs Filed   | ) | CCB/CPD No. 01-23            |
| by ACS of                        | * |                              |
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| Anchorage, Inc., and the         |   |                              |
| National Exchange                | * |                              |
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| Carrier Association              | ) |                              |
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| December 17, 2001                | * |                              |
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| MAG Access Charge Tariff Filing  | * |                              |
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| National Exchange Carrier        | ) |                              |
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| Revisions to Tariff F.C.C. No. 5 |   |                              |
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**ORDER**

**Adopted: February 27, 2002 Released: February 28, 2002**

By the Chief, Competitive Pricing Division:

# Introduction

1.  On February 14, 2002, the National Exchange Carrier Association
    (NECA) filed Transmittal No. 926 to revise Tariff F.C.C. No. 5,
    Access Service, to become effective March 1, 2002. NECA is proposing
    to revise the Premium Terminating Carrier Common Line (CCL) rate to
    recover an increase in the Common Line revenue requirement and to
    modify the Multiline Business End User Common Line rate band
    assignments for several incumbent local exchange carriers (LECs).

2.  On December 31, 2001, the Competitive Pricing Division suspended for
    one day the LECs' access tariffs filed in response to the
    *Rate-of-Return Access Charge Reform Order*,[^1] imposed an
    accounting order, and initiated an investigation into the lawfulness
    of the rates contained in the tariff filings.[^2] On January 30,
    2002, we reconsidered on our own motion the decision to suspend and
    investigate the tariffs of all carriers other than the ACS of
    Anchorage (ACS) tariff and NECA's common line tariff, indicating
    that any changes we direct ACS to make in its allocations could
    affect NECA's calculation of carriers' line costs and thus affect
    one or more of the common line rates in the NECA common line
    tariff.[^3] Subsequently, on February 15, 2002, we released an order
    designating for investigation certain issues regarding the rates in
    NECA's Transmittal No. 919 contained in Tariff F.C.C. No. 5. [^4]

# DISCUSSION

3.  Transmittal No. 926 affects the issues regarding rate levels that
    are subject to the investigation of NECA's Tariff F.C.C. No. 5.
    Therefore, Transmittal No. 926 is suspended for one day and will be
    subject to the investigation initiated in the above proceeding. This
    transmittal will also be subject to an accounting order to
    facilitate any refunds that may later be necessary.

# ORDERING CLAUSES

4.  Accordingly, IT IS ORDERED that, pursuant to Section 204(a) of the
    Communications Act of 1934, as amended, 47 U.S.C. § 204(a), and the
    authority delegated pursuant to Sections 0.91 and 0.291 of the
    Commission's Rules, 47 C.F.R. §§ 0.91 and 0.291, the revisions to
    NECA's Tariff F.C.C. No. 5, Access Service, filed under Transmittal
    No. 926 ARE SUSPENDED for one day and an investigation of the
    referenced transmittal is instituted and incorporated into the
    investigation in CC Docket No. 02-36.

5.  IT IS FURTHER ORDERED that, pursuant to Sections 4(i)and 204(a) of
    the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i ) and
    204(a), NECA SHALL KEEP accurate account of all amounts received by
    reason of the rates that are the subject of this investigation.

6.  IT IS FURTHER ORDERED that NECA MAY FILE a supplement advancing the
    currently scheduled effective date one (1) day, to February 28,
    2002, and then SUSPEND its tariff revisions for one (1) day, until
    March 1, 2002. For this purpose, we waive Sections 61.58 and 61.59
    of the Commission's Rules, 47 C.F.R. §§ 61.58 and 61.59.

7.  IT IS FURTHER ORDERED that NECA SHALL FILE tariff revisions within
    five (5) business days of the release of this Order to reflect this
    suspension.

    FEDERAL COMMUNICATIONS COMMISSION

    Tamara L. Preiss

    Chief, Competitive Pricing Division

[^1]: *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, 16 FCC Rcd 19613
    (2001) (*Rate-of-Return Access Charge Reform Order*).

[^2]: *December 17, 2001 MAG Access Charge Tariff Filings*, CCB/CPD File
    No. 01-23, Order, DA 01-3023 (Competitive Pricing Division, released
    Dec. 31, 2001), *Erratum*, DA 01-3032 (Competitive Pricing Division,
    released Dec. 31, 2001) (collectively *Suspension Order*).

[^3]: *December 17, 2001, MAG Access Charge Tariff Filings,* CCB/CPD No.
    01-23, Order on Reconsideration, DA-02-234 (Competitive Pricing
    Division, released Jan. 30, 2002).

[^4]: *Investigation of Tariffs Filed by ACS of Anchorage, Inc., and the
    National Exchange Carrier Association,* CC Docket No. 02-36, CCB/CPD
    File No. 01-23, Order Designating Issues for Investigation, DA
    02-371 (Competitive Pricing Division, released Feb. 15, 2002).