Please contact Michael Bennet at mbennet@bennetlaw.com or Tony Veach at tveach@bennetlaw.com for more information.
The Federal Communications Commission’s (FCC or Commission) Wireline Competition Bureau (WCB) has established the 2015 procedures and deadlines for filing annual access charge tariffs and Tariff Review Plans (TRPs) for incumbent local exchange carriers subject to price cap regulation, and rate-of-return ILECs subject to Sections 61.38 and 61.39 of the FCC’s rules.[1] Annual access charge tariff filings (tariffs and TRPs) for 2015 must be filed with an effective date of July 1, 2015. Accordingly, ILECs filing tariffs on 15 days’ notice must make their annual tariff filings on June 16, 2015, and ILECs filing tariffs on 7 days’ notice must make their annual tariff filings on June 24, 2015.
Bottom Line: Rate-of-return ILECs must file TRPs to show that they have implemented the required changes to ICC rates that are effective July 1, 2015.
JULY 1, 2015 – EFFECTIVE DATE FOR 2015 TARIFF FILINGS
Rate-of-return ILECs are required to file revised annual access charge tariffs every other year. Those filing pursuant to Section 61.39 of the FCC’s rules are required to file every odd-numbered year, while those filing pursuant to Section 61.38 are required to file every even-numbered year. However, in the USF/ICC Transformation Order, the Commission adopted new rules requiring all ILECs to adjust, over a period of years, many of their switched access charges effective on July 1 of each year. Accordingly, all rate-of-return ILECs must file a TRP this year to comply with these requirements.[2]
Annual access charge tariff filings (tariffs and TRPs) for 2015 must be filed with an effective date of July 1, 2015. 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. ILECs must use the FCC’s Electronic Tariff Filing System (ETFS) to file all of their tariff material. ILECs should make every effort to file as early in the day as possible to avoid any complications in meeting their deadlines.
15 Days’ Notice: ILECs filing tariffs on 15 days’ notice must make their annual tariff filings on June 16, 2015. ILEC tariff filings must be received by ETFS after 7:00 p.m. Eastern Time on June 15, 2015 and before 7:00 p.m. Eastern Time on June 16, 2015 for the filing to be considered officially received on June 16, 2015.
7 Day’s Notice: ILECs filing tariffs on 7 days’ notice must make their annual tariff filings on June 24, 2015. ILEC tariff filings must be received after 7:00 p.m. Eastern Time on June 23, 2015 and before 7:00 p.m. Eastern Time on June 24, 2015 for the filing to be considered officially received on June 24, 2015.
OPPOSITIONS TO TARIFF FILINGS
Interested parties may file petitions to suspend or reject tariff filings. Based on the WCB’s 2015 tariff filing schedule, petitions to suspend or reject tariff filings made on 15 days’ notice will be due June 23, 2015, and replies will be due no later than June 26, 2015. Petitions to suspend or reject tariff filings made on seven days’ notice will be due no later than 12:00 p.m. (noon) Eastern Time on June 26, 2015, and replies will be due no later than 12 p.m. (noon) Eastern Time on June 29, 2015.
PRICE CAP SHORT FORM TARIFF REVIEW PLANS
The WCB has established May 18, 2015 as the date that price cap incumbent LECs must file short form TRPs. The WCB has waived the requirement in Section 61.49(k) of the FCC’s rules requiring price cap ILECs to file the PCI-1 and IND-1 spreadsheets as part of their short form TRPs. All price cap ILECs must continue to file the EXG-1 spreadsheet and their exogenous work papers as part of their short form TRPs. Comments on 2015 short form TRPs are due on May 29, 2015. Reply comments are due June 5, 2015.
If you have questions concerning the 2015 procedures and deadlines for filing annual access charge tariffs and Tariff Review Plans or would like assistance with the filings, please contact us.
[1] July 1, 2015 Annual Access Charge Tariff Filings, WC Docket No. 15-75, Order, DA 15-368 (Mar. 27, 2015).
[2] See 47 C.F.R. § 51.909(e) (methodology for establishing rates for interstate and intrastate terminating end office access service); 47 C.F.R. § 51.917(d)(iv) (eligible recovery for rate-of-return carriers); 47 C.F.R. § 51.917(e) (access recovery charge).
