FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 4,934

II. DISCUSSION
A. Tariff Effective Date and Tariff Filing Dates
2. ILECs are permitted to make their tariff filings on either 15 or seven days prior to the
effective date of their tariffs, depending on the type of changes the tariffs propose.' The Commission's
rules require that annual access tariff filings must be filed with a scheduled effective date of July 1.4
ILECs filing tariffs on 15 days' notice must make their annual tariff filings on June 16, 2011 and ILECs
filing tariffs on 7 days' must make their annual tariff filings on June 24, 2011.
3. ILECs that file tariffs under the price cap ratemaking methodology are required to file
revised annual access tariffs every year.5 ILECs that file tariffs under rate-of-return ratemaking
methodology are required to file every other year. ILECs filing pursuant to the requirements of section
61.38 of the Commission's rules are required to file in even-numbered years.6 Those filing pursuant to
section 61.39 of the Commission's rules are required to file in odd-numbered years and are not required to
submit supporting material with the revised tariff.7 Because 2011 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 ILECs to file a short form TRP without
rate detail information 90 days prior to the usual effective date of July 1.3 In previous years, we have
waived section 61.49(k) and allowed price cap ILECs to file the short form TRP on May l' of the
particular year.9 In 2010, the United States Telecom Association (USTelecom) filed a petition requesting
that the Bureau issue a further extension of the deadline and permit price cap ILECs to file the short form
TRP on May 17, 2010 to allow for additional time to review the exogenous cost data."' The Bureau
granted the petition and waived Section 61.49(k) of the rules." On March 11, 2011, USTelecom filed a
request for a similar extension for 2011, arguing that similar to last year, they need additional time to
review the exogenous cost data.'2 By Public Notice issued March 14, 2011, we sought comment on the
3 47 U.S.C. 204(a)(3).
4 47 C.F.R. 69.3(a).
S 47 C.F.R. 61.43.
6 47 C.F.R. 61.38; 47 C.F.R. 69.3(f)(1).
747 C.F.R. 61.39; 47 C.F.R. 69.3(0)(2).
S47 C.F.R. 61.49(k).
9 See, e.g.. July 1, 2009 Annual Access Charge Tariff'Filings, WCB/Pricing File No. 09-02, Order, 24 FCC Rcd
3664 (Wireline Comp. Bur., 2009).
'o See Petition of the United States Telecom Association for Waiver of Rule 61.49(k)'s Non-exogenous Cost Data
Requirements for the Short Form Tariff Review Plan and for Waiver of Rule 61.49(k)'s Deadline for Filing the
Exogenous Cost Data Requirements of the Short Form Tariff Review Plan, WC Docket No. 10-46 at I (filed Feb. 4,
2010) (USTelecom Petition).
" 47 C.F.R. 61.49(k).
2 See Petition of the United States Telecom Association for Waiver of Rule 61.49(k)'s Non-exogenous Cost Data
Requirements for the Short Form TariffReview Plan and for Waiver of Rule 61.490(k)'s Deadline for Filing the
(continued....)

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Federal Communications Commission

DA 11-569