Sec.  69.3   Filing of access service tariffs.

   (a) Except as provided in paragraphs (g) and (h) of this section, a tariff
   for  access service shall be filed with this Commission for a two-year
   period. Such tariffs shall be filed with a scheduled effective date of July
   1. Such tariff filings shall be limited to rate level changes.

   (b) The requirements imposed by paragraph (a) of this section shall not
   preclude the filing of revisions to those annual tariffs that will become
   effective on dates other than July 1.

   (c)  Any access service tariff filing, the filing of any petitions for
   rejection, investigation or suspension and the filing of any responses to
   such petitions shall comply with the applicable rules of this Commission
   relating to tariff filings.

   (d) The association shall file a tariff as agent for all telephone companies
   that participate in an association tariff.

   (e) A telephone company or group of telephone companies may file a tariff
   that is not an association tariff. Such a tariff may cross-reference the
   association tariff for some access elements and include separately computed
   charges of such company or companies for other elements. Any such tariff
   must comply with the requirements hereinafter provided:

   (1) Such a tariff must cross reference association charges for the Carrier
   Common Line and End User Common Line element or elements if such company or
   companies participate in the pooling of revenues and revenue requirements
   for such elements.

   (2) Such a tariff that cross-references an association charge for any end
   user access element must cross-reference association charges for all end
   user access elements;

   (3)  Such a tariff that cross-references an association charge for any
   carrier's carrier access element other than the Carrier Common Line element
   must cross-reference association charges for all carrier's carrier access
   charges other than the Carrier Common Line element;

   (4) Except for charges subject to price cap regulation as that term is
   defined in  Sec. 61.3(v) of this chapter, any charge in such a tariff that is not
   an association charge must be computed to reflect the combined investment
   and expenses of all companies that participate in such a charge;

   (5) A telephone company or companies that elect to file such a tariff for
   1984 access charges shall notify AT&T on or before the 40th day after the
   release of the Commission order adopting this part;

   (6) A telephone company or companies that elect to file such a tariff shall
   notify the association not later than March 1 of the year the tariff becomes
   effective, if such company or companies did not file such a tariff in the
   preceding biennial period or cross-reference association charges in such
   preceding  period  that  will be cross-referenced in the new tariff. A
   telephone company or companies that elect to file such a tariff not in the
   biennial period shall file its tariff to become effective July 1 for a
   period of one year. Thereafter, such telephone company or companies must
   file its tariff pursuant to paragraphs (f)(1) or (f)(2) of this section.

   (7) Such a tariff shall not contain charges for any access elements that are
   disaggregated or deaveraged within a study area that is used for purposes of
   jurisdictional separations, except as otherwise provided in this chapter.

   (8) Such a tariff shall not contain charges included in the billing and
   collection category.

   (9) A telephone company or group of affiliated telephone companies that
   elects to file its own Carrier Common Line tariff pursuant to paragraph (a)
   of this section shall notify the association not later than March 1 of the
   year the tariff becomes effective that it will no longer participate in the
   association tariff. A telephone company or group of affiliated telephone
   companies that elects to file its own Carrier Common Line tariff for one of
   its study areas shall file its own Carrier Common Line tariff(s) for all of
   its study areas.

   (10) Any data supporting a tariff that is not an association tariff shall be
   consistent  with  any  data  that  the filing carrier submitted to the
   association.

   (11) Any changes in Association common line tariff participation and Long
   Term and Transitional Support resulting from the merger or acquisition of
   telephone properties are to be made effective on the next annual access
   tariff  filing  effective date following consummation of the merger or
   acquisition transaction, in accordance with the provisions of  Sec. 69.3(e)(9).

   (f)(1) A tariff for access service provided by a telephone company that is
   required to file an access tariff pursuant to  Sec. 61.38 of this Chapter shall
   be filed for a biennial period and with a scheduled effective date of July 1
   of any even numbered year.

   (2) A tariff for access service provided by a telephone company that may
   file an access tariff pursuant to  Sec. 61.39 of this Chapter shall be filed for
   a biennial period and with a scheduled effective date of July 1 of any odd
   numbered year. Any such telephone company that does not elect to file an
   access tariff pursuant to the  Sec. 61.39 procedures, and does not participate in
   the Association tariff, and does not elect to become subject to price cap
   regulation, must file an access tariff pursuant to  Sec. 61.38 for a biennial
   period and with a scheduled effective date of July 1 of any even numbered
   year.

   (3) For purposes of computing charges for access elements other than Common
   Line elements to be effective on July 1 of any even-numbered year, the
   association may compute rate changes based upon statistical methods which
   represent a reasonable equivalent to the cost support information otherwise
   required under part 61 of this chapter.

   (g) The following rules apply to telephone company participation in the
   Association common line pool for telephone companies involved in a merger or
   acquisition.

   (1) Notwithstanding the requirements of  Sec. 69.3(e)(9), any Association common
   line  tariff  participant that is party to a merger or acquisition may
   continue to participate in the Association common line tariff.

   (2) Notwithstanding the requirements of  Sec. 69.3(e)(9), any Association common
   line tariff participant that is party to a merger or acquisition may include
   other telephone properties involved in the transaction in the Association
   common line tariff, provided that the net addition of common lines to the
   Association common line tariff resulting from the transaction in not greater
   than 50,000, and provided further that, if any common lines involved in a
   merger or acquisition are returned to the Association common line tariff,
   all  of the common lines involved in the merger or acquisition must be
   returned to the Association common line tariff.

   (3) Telephone companies involved in mergers or acquisitions that wish to
   have more than 50,000 common lines reenter the Association common line pool
   must request a waiver of  Sec. 69.3(e)(9). If the telephone company has met all
   other legal obligations, the waiver request will be deemed granted on the
   sixty-first (61st) day from the date of public notice inviting comment on
   the requested waiver unless:

   (i) The merger or acquisition involves one or more partial study areas;

   (ii) The waiver includes a request for confidentiality of some or all of the
   materials supporting the request;

   (iii)  The  waiver  includes a request to return only a portion of the
   telephone properties involved in the transaction to the Association common
   line tariff;

   (iv) The Commission rejects the waiver request prior to the expiration of
   the sixty-day period;

   (v) The Commission requests additional time or information to process the
   waiver application prior to the expiration of the sixty-day period; or

   (vi)  A  party,  in a timely manner, opposes a waiver request or seeks
   conditional approval of the waiver in response to our public notice of the
   waiver request.

   (h) Local exchange carriers subject to price cap regulation as that term is
   defined in  Sec. 61.3(ee) of this chapter, shall file with this Commission a
   price cap tariff for access service for an annual period. Such tariffs shall
   be filed to meet the notice requirements of  Sec. 61.58 of this chapter, with a
   scheduled effective date of July 1. Such tariff filings shall be limited to
   changes in the Price Cap Indexes, rate level changes (with corresponding
   adjustments to the affected Actual Price Indexes and Service Band Indexes),
   and the incorporation of new services into the affected indexes as required
   by  Sec. 61.49 of this chapter.

   (i) The following rules apply to the withdrawal from Association tariffs
   under the provision of paragraph (e)(6) or (e)(9) of this section or both by
   telephone companies electing to file price cap tariffs pursuant to paragraph
   (h) of this section.

   (1) In addition to the withdrawal provisions of paragraphs (e)(6) and (e)(9)
   of this section, a telephone company or group of affiliated companies that
   participates in one or more association tariffs during the current tariff
   year  and  that elects to file price cap tariffs or optional incentive
   regulation tariffs effective July 1 of the following tariff year shall
   notify the association by March 1 of the following tariff year that it is
   withdrawing from association tariffs, subject to the terms of this section,
   to participate in price cap regulation or optional incentive regulation.

   (2) The Association shall maintain records of such withdrawals sufficient to
   discharge its obligations under these Rules and to detect efforts by such
   companies or their affiliates to rejoin any Association tariffs in violation
   of the provisions of paragraph (i)(4) of this section.

   (3) Notwithstanding the provisions of paragraphs (e) (3), (6), and (9) of
   this  section,  in  the  event  a telephone company withdraws from all
   Association tariffs for the purpose of filing price cap tariffs or optional
   incentive plan tariffs, such company shall exclude from such withdrawal all
   “average  schedule” affiliates and all affiliates so excluded shall be
   specified in the withdrawal. However, such company may include one or more
   “average schedule” affiliates in price cap regulation or optional incentive
   plan regulation provided that each price cap or optional incentive plan
   affiliate relinquishes “average schedule” status and withdraws from all
   Association tariffs and any tariff filed pursuant to  Sec. 61.39(b)(2) of this
   chapter. See generally  Sec.  Sec. 69.605(c), 61.39(b) of this chapter; MTS and WATS
   Market Structure: Average Schedule Companies, Report and Order, 103 FCC 2d
   1026–1027 (1986).

   (4) If a telephone company elects to withdraw from Association tariffs and
   thereafter becomes subject to price cap regulation as that term is defined
   in  Sec. 61.3(v) of this chapter, neither such telephone company nor any of its
   withdrawing affiliates shall thereafter be permitted to participate in any
   Association tariffs.

   (j) [Reserved]

   (47 U.S.C. 154 (i) and (j), 201, 202, 203, 205, 218 and 403 and 5 U.S.C.
   553)

   [ 48 FR 10358 , Mar. 11, 1983, as amended at  48 FR 43017 , Sept. 21, 1983;  50 FR 41356 , Oct. 10, 1985;  51 FR 6119 , Feb. 20, 1986;  51 FR 42236 , Nov. 24,
   1986;  52 FR 21540 , June 8, 1987;  52 FR 37310 , Oct. 6, 1987;  53 FR 36289 ,
   Sept. 19, 1988;  54 FR 39534 , Sept. 27, 1989;  55 FR 6990 , Feb. 28, 1990;  55 FR 42385 , Oct. 19, 1990;  55 FR 50558 , Dec. 7, 1990;  58 FR 36149 , July 6,
   1993;  64 FR 46593 , Aug. 26, 1999;  64 FR 51266 , Sept. 22, 1999;  65 FR 57743 ,
   Sept. 26, 2000;  65 FR 64894 , Oct. 31, 2000]