FCC 1.773 as of October 1, 2016

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FCC 1.773
Revised as of October 1, 2016
Goto Year:2015 | 2017

§ 1.773 Petitions for suspension or rejection of new tariff filings.

(a) Petition—(1) Content. Petitions seeking investigation, suspension,
or rejection of a new or revised tariff filing or any provision thereof
shall specify the filing's Federal Communications Commission tariff
number and carrier transmittal number, the items against which protest
is made, and the specific reasons why the protested tariff filing
warrants investigation, suspension, or rejection under the
Communications Act. No petition shall include a prayer that it also be
considered a formal complaint. Any formal complaint shall be filed as a
separate pleading as provided in § 1.721.

(i) Petitions seeking investigation, suspension, or rejection of a new
or revised tariff filing or any provision of such a publication, must
specify the pertinent Federal Communications Commission tariff number
and carrier transmittal number; the matters protested; and the specific
reasons why the tariff warrants investigation, suspension, or
rejection. When a single petition asks for more than one form of
relief, it must separately and distinctly plead and support each form
of relief. However, no petition may ask that it also be considered a
formal complaint. Formal complaints must be separately lodged, as
provided in § 1.721.

(ii) For purposes of this section, tariff filings by nondominant
carriers will be considered prima facie lawful, and will not be
suspended by the Commission unless the petition requesting suspension
shows:

(A) That there is a high probability the tariff would be found unlawful
after investigation;

(B) That the harm alleged to competition would be more substantial than
the injury to the public arising from the unavailability of the service
pursuant to the rates and conditions proposed in the tariff filing;

(D) That the suspension would not otherwise be contrary to the public
interest.

(iii) For the purpose of this section, any tariff filing by a local
exchange carrier filed pursuant to the requirements of § 61.39 will be
considered prima facie lawful and will not be suspended by the
Commission unless the petition requesting suspension shows that the
cost and demand studies or average schedule information was not
provided upon reasonable request. If such a showing is not made, then
the filing will be considered prima facie lawful and will not be
suspended by the Commission unless the petition requesting suspension
shows each of the following:

(A) That there is a high probability the tariff would be found unlawful
after investigation;

(B) That any unreasonable rate would not be corrected in a subsequent
filing;

(D) That the suspension would not otherwise be contrary to the public
interest.

(iv) For the purposes of this section, tariff filings made pursuant to
§ 61.49(b) by carriers subject to price cap regulation will be
considered prima facie lawful, and will not be suspended by the
Commission unless the petition shows that the support information
required in § 61.49(b) was not provided, or unless the petition
requesting suspension shows each of the following:

(A) That there is a high probability the tariff would be found unlawful
after investigation;

(B) That the suspension would not substantially harm other interested
parties;

(D) That the suspension would not otherwise be contrary to the public
interest.

(v) For the purposes of this section, any tariff filing by a price cap
LEC filed pursuant to the requirements of § 61.42(d)(4)(ii) of this
chapter will be considered prima facie lawful, and will not be
suspended by the Commission unless the petition requesting suspension
shows each of the following:

(A) That there is a high probability the tariff would be found unlawful
after investigation;

(B) That any unreasonable rate would not be corrected in a subsequent
filing;

(D) That the suspension would not otherwise be contrary to the public
interest.

(2) When filed. All petitions seeking investigation, suspension, or
rejection of a new or revised tariff filing shall meet the filing
requirements of this paragraph. In case of emergency and within the
time limits provided, a telegraphic request for such relief may be sent
to the Commission setting forth succinctly the substance of the matters
required by paragraph (a)(1) of this section. A copy of any such
telegraphic request shall be sent simultaneously to the Chief, Wireline
Competition Bureau, the Chief, Pricing Policy Division, and the
publishing carrier. Thereafter, the request shall be confirmed by
petition filed and served in accordance with § 1.773(a)(4).

(i) Petitions seeking investigation, suspension, or rejection of a new
or revised tariff filed pursuant to section 204(a)(3) of the
Communications Act made on 7 days notice shall be filed and served
within 3 calendar days after the date of the tariff filing.

(ii) Petitions seeking investigation, suspension, or rejection of a new
or revised tariff filing made on less than 15 days notice shall be
filed and served within 6 days after the date of the tariff filing.

(iii) Petitions seeking investigation, suspension, or rejection of a
new or revised tariff filing made on at least 15 but less than 30 days
notice shall be filed and served within 7 days after the date of the
tariff filing.

(iv) Petitions seeking investigation, suspension, or rejection of a new
or revised tariff filing made on at least 30 but less than 90 days
notice shall be filed and served within 15 days after the date of the
tariff filing.

(v) Petitions seeking investigation, suspension, or rejection of a new
or revised tariff filing mode on 90 or more days notice shall be filed
and served within 25 days after the date of the tariff filing.

(3) Computation of time. Intermediate holidays shall be counted in
determining the above filing dates. If the date for filing the petition
falls on a holiday, the petition shall be filed on the next succeeding
business day.

(4) Copies, service. An original and four copies of each petition shall
be filed with the Commission as follows: The original and three copies
of each petition shall be filed with the Secretary, 445 12th Street,
SW., Washington, DC 20554; one copy must be delivered directly to the
Commission's copy contractor. Additional, separate copies shall be
served simultaneously upon the Chief, Wireline Competition Bureau; and
the Chief, Pricing Policy Division. Petitions seeking investigation,
suspension, or rejection of a new or revised tariff made on 15 days or
less notice shall be served either personally or via facsimile on the
filing carrier. If a petition is served via facsimile, a copy of the
petition must also be sent to the filing carrier via first class mail
on the same day of the facsimile transmission. Petitions seeking
investigation, suspension, or rejection of a new or revised tariff
filing made on more than 15 days notice may be served on the filing
carrier by mail.

(b) Reply—(1) When filed. A publishing carrier's reply to a petition
for relief from a tariff filing shall be filed in accordance with the
following periods:

(i) Replies to petitions seeking investigation, suspension, or
rejection of a new or revised tariff filed pursuant to section
204(a)(3) of the Act made on 7 days notice shall be filed and served
within 2 days after the date the petition is filed with the Commission.

(ii) Replies to petitions seeking investigation, suspension, or
rejection of a new or revised tariff filing made on less than 15 days
notice shall be filed and served within 3 days after the date the
petition is due to be filed with the Commission.

(iii) Replies to petitions seeking investigation, suspension, or
rejection of a new or revised tariff filing made on at least 15 but
less than 30 days notice shall be filed and served within 4 days after
service of the petition.

(iv) Replies to petitions seeking investigation, suspension, or
rejection of a new or revised tariff filing made on at least 30 but
less than 90 days notice shall be filed and served within 5 days after
service of the petition.

(v) Replies to petitions seeking investigation, suspension, or
rejection of a new or revised tariff filing made on 90 or more days
notice shall be filed and served within 8 days after service of the
petition.

(vi) Where all petitions against a tariff filing have not been filed on
the same day, the publishing carrier may file a consolidated reply to
all the petitions. The time for filing such a consolidated reply will
begin to run on the last date for timely filed petitions, as fixed by
paragraphs (a)(2) (i) through (iv) of this section, and the date on
which the consolidated reply is due will be governed by paragraphs
(b)(1) (i) through (iv) of this section.

(2) Computation of time. Intermediate holidays shall be counted in
determining the 3-day filing date for replies to petitions seeking
investigation, suspension, or rejection of a new or revised tariff
filing made on less than 15 days notice. Intermediate holidays shall
not be counted in determining filing dates for replies to petitions
seeking investigation, suspension, or rejection of a new or revised
tariff filing made on 15 or more days notice. When a petition is
permitted to be served upon the filing carrier by mail, an additional 3
days (counting holidays) may be allowed for filing the reply. If the
date for filing the reply falls on a holiday, the reply may be filed on
the next succeeding business day.

(3) Copies, service. An original and four copies of each reply shall be
filed with the Commission, as follows: the original and three copies
must be filed with the Secretary, 445 12th Street, SW., Washington, DC
20554; one copy must be delivered directly to the Commission's copy
contractor. Additional separate copies shall be served simultaneously
upon the Chief, Wireline Competition Bureau, the Chief, Pricing Policy
Division and the petitioner. Replies to petitions seeking
investigation, suspension, or rejection of a new or revised tariff made
on 15 days or less notice shall be served on petitioners personally or
via facsimile. Replies to petitions seeking investigation, suspension,
or rejection of a new or revised tariff made on more than 15 days
notice may be served upon petitioner personally, by mail or via
facsimile.

[ 45 FR 64190 , Sept. 29, 1980, as amended at 49 FR 40876 , Oct. 18, 1984;
49 FR 49466 , Dec. 20, 1984; 52 FR 26682 , July 16, 1987; 54 FR 19840 ,
May 8, 1989; 58 FR 17529 , Apr. 5, 1993; 58 FR 51247 , Oct. 1, 1993; 62 FR 5777 , Feb. 7, 1997; 64 FR 51264 , Sept. 22, 1999; 65 FR 58466 , Sept.
29, 2000; 67 FR 13223 , Mar. 21, 2002; 71 FR 15618 , Mar. 29, 2006; 74 FR 68544 , Dec. 28, 2009]

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