Reform of Certain Tariff Rules, 65014-65017 [2019-25570]
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Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Rules and Regulations
undue and unnecessary administrative
burdens as they expend time trying to
find ways to implement these standards
without support from local and State
law enforcement agencies and without
QRIS systems that can accommodate
Head Start programs. A period for
public comment would only extend
programs’ concerns as they attempt to
meet these standards by the compliance
dates. Head Start programs are still
required to comply with statutory
background check requirements in the
Improving Head Start for School
Readiness Act of 2007, Public Law 110–
134, until they can develop systems that
will enable them to conduct complete
background checks with fingerprints.
Therefore, if we delay compliance dates,
we will pose no harm or burden to
programs or the public. Moreover,
programs that already have systems in
place to meet background check
standards at 45 CFR 1302.90(b) and to
participate in their States’ QRIS at 45
CFR 1302.53(b)(2) may voluntarily come
into compliance by the current
compliance date. However, programs
that do not have systems in place will
have until September 30, 2021, the new
compliance date, to comply.
Dated: October 8, 2019.
Lynn A. Johnson,
Assistant Secretary for Children and Families.
Approved: November 19, 2019.
Alex M. Azar II,
Secretary.
[FR Doc. 2019–25634 Filed 11–25–19; 8:45 am]
BILLING CODE 4184–40–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 61
[WC Docket Nos. 18–276, 17–308; FCC No.
19–107; FR ID 16252]
Reform of Certain Tariff Rules
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Commission amends its
tariff publication rules to allow carriers
to cross-reference their own tariffs and
the tariffs of their affiliates, and to
eliminate the short form tariff review
plan filed by price cap incumbent local
exchange carriers 90 days before the
effective date of their annual access
tariff filings. These changes will bring
the Commission’s tariff publication
rules in line with the reality of the
increased ease of access to tariff filings,
and will reduce the regulatory burdens
SUMMARY:
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on filers and the Commission’s own
tariff review staff.
DATES: The amendments set forth in this
Report and Order will become effective
December 26, 2019.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Robin Cohn, Wireline Competition
Bureau, Pricing Policy Division at 202–
418–1540 or via email at Robin.Cohn@
fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order released October 30, 2019. A
full-text copy can be obtained at the
following internet Address: https://
docs.fcc.gov/public/attachments/FCC19-107A1.pdf.
Background
1. Many of the Commission’s rules
governing tariff filings were adopted
when paper tariffs were filed at the
Commission and interested parties had
to visit the Commission to review
physical copies of those filings. Not
surprisingly, technological advances
that allow carriers and interested parties
to submit and view information
electronically have obviated the need
for certain longstanding tariff rules that
were predicated on the need for paper
filings and protracted review periods.
Last year, the Commission proposed to
amend two such sets of rules—those
that prohibit a carrier from crossreferencing its tariffs and those of its
affiliates, and the rule that requires
price cap local exchange carriers (LECs)
to file short form tariff review plans well
in advance of their annual tariff filings.
2. Cross-referencing. When the
Commission’s cross-referencing rules
were adopted more than 75 years ago,
tariffs were often quite voluminous and
were filed in hard copy, making it
cumbersome to obtain and follow a
cross-reference from one tariff to
another tariff. To ensure that someone
reviewing a paper copy of a tariff would
have ready access to all of the terms of
the tariff, the Commission adopted
§ 61.74, which, with certain exceptions,
prohibits one tariff from crossreferencing another tariff, and § 61.54,
which also has been interpreted as
prohibiting cross-referencing between
tariffs.
3. Today, by contrast, carriers are
required to file tariffs electronically
using the Electronic Tariff Filing System
(ETFS), and it only takes ‘‘a few seconds
and a few clicks’’ to find a crossreferenced tariff. As a result, interested
parties can now access tariffs through
the ETFS via an internet connection
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anywhere and electronically review and
search the tariffs they are looking for.
4. The Commission’s current rules
allow carriers to seek special permission
to cross-reference their own tariffs and
those of their affiliates, and carriers do
so when, for example, they offer
discount plans that cross different
operating territories. The Wireline
Competition Bureau (Bureau) has
routinely granted requests for special
permission to allow a carrier to crossreference its own tariffs and those of its
affiliates. In the notice of proposed
rulemaking (NPRM) (83 FR 58510, Nov.
20, 2018), the Commission proposed to
amend the rules to allow a carrier’s
tariffs to refer to its own tariffs and
those of its affiliates, and provided an
interim waiver of § 61.74(a) to all
carriers to allow carriers’ tariffs to
reference their other tariffs, and those of
their affiliates, pending resolution of the
issues addressed in the NPRM.
5. Short form tariff review plans. Prior
to 1997, annual interstate access tariffs
were filed 90 days before the effective
date of such tariffs, thereby allowing a
significant amount of time for the
Commission and interested parties to
review the filings and associated cost
support. In 1997, when the Commission
modified its rules to permit price cap
carriers to file tariffs on either 7 days’
notice (for rate reductions) or 15 days’
notice (for rate increases), it also
adopted a requirement that price cap
carriers submit supporting information,
without rate data, 90 days prior to the
annual access tariff filing effective date.
This filing, known as the ‘‘short form
tariff review plan,’’ consists of a
standardized spreadsheet showing data
regarding exogenous cost adjustments
that price cap carriers seek to make to
their price cap indices. Exogenous cost
adjustments are made, for example, to
the following cost input categories: (1)
Regulatory fees; (2)
Telecommunications Relay Services
(TRS) expenses; (3) excess deferred
taxes; and (4) North American
Numbering Plan Administration
(NANPA) expenses.
6. In the years following adoption of
the short form tariff review plan filing
requirement, the Bureau often granted
waivers of the filing deadline and of the
requirement to provide certain data in
advance of the annual access tariff
filing. In 2014, at USTelecom’s request,
the Bureau granted a waiver that
reduced the 90-day filing deadline for
the short form tariff review plan to
approximately 45 days before the
annual access tariff effective date.
7. In 2017, the Bureau waived the
short form tariff review plan filing
requirement in its entirety, finding that
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the ‘‘factors needed to calculate three of
the most common exogenous cost
adjustments—regulatory fees, TRS fees,
and NANPA expenses—will not be
available prior to the short form filing
deadline,’’ so the short form tariff
review plan would be of little value to
the Commission. The Bureau found
multiple reasons to waive the short form
tariff review plan requirement again in
2018 and 2019, including that: (1) It was
unlikely that the necessary information
would be available by the required filing
date; and (2) exogenous cost data
contained in the short form tariff review
plan would be included with the
information filed directly prior to the
annual filing effective date (assuming
the availability of such data), at which
time the information could be reviewed
by the Commission and interested
parties.
8. In the NPRM, the Commission
recognized that the value of the short
form tariff review plan has declined
because the complexity and number of
interstate access tariff filings has
decreased over the last decade as the
scope of services subject to price cap
regulation has narrowed. In light of the
Commission’s experience that waiving
the short form tariff review plan
requirement had not negatively affected
the ability of interested parties and staff
to review tariffs in a timely fashion, the
Commission proposed to eliminate it as
unnecessary and unduly burdensome.
I. Discussion
9. The Commission received no
opposition to the proposals set forth in
the NPRM. Instead, commenters all
agree that, in their experience, the ease
of making and reviewing electronic
tariff filings obviates the need for the
prohibition on carriers’ crossreferencing their own or their affiliates’
tariffs and the need for the short form
tariff review plan. The Commission
therefore amends its rules to reduce
unnecessary filing burdens and to allow
stakeholders to benefit from current
technology. (AT&T filed a Motion for
Acceptance of Late-Filed Comments.
The Commission treats AT&T’s filing as
Ex Parte Comments, and dismisses
AT&T’s Motion as moot.)
A. Updating and Amending Tariff
Cross-Referencing Rules
10. First, the Commission amends its
tariffing rules to allow carriers to crossreference their own and their affiliates’
tariffs. Comments in the record
unanimously support amending § 61.74
of the Commission’s rules to permit
carriers to cross-reference their own and
their affiliates’ tariff filings. The
Commission agrees with the
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commenters that this modification is
justified because the prohibition on a
carrier’s tariff cross-referencing that
carrier’s tariffs and those of its affiliates
no longer serves a functional purpose,
in light of the ease with which the
public can now access and search
tariffs.
11. Moreover, as commenters explain,
the current obligation to seek and
receive special permission to crossreference a carrier’s own tariffs imposes
unnecessary costs on the carriers that
file those requests and on the
Commission staff that consider and act
on those requests. The need to request
special permission also harms
competition by ‘‘impinging the carriers’
ability to quickly respond to customers’
demands,’’ and by forcing carriers to
‘‘telegraph a planned tariff filing.’’
Furthermore, there is no record of any
negative consequences arising from
previous grants of special permission.
12. The Commission therefore amends
§ 61.74 as proposed in the NPRM to
expressly allow a carrier to reference
other tariffs issued by the carrier or any
of its affiliates. The new § 61.74(b)
states: ‘‘Tariff publications filed by a
carrier may reference other tariff
publications filed by that carrier or its
affiliates.’’ To further effectuate the
Commission’s decision to allow carriers
to cross-reference their own and their
affiliates’ tariffs, the Commission also
amends § 61.54 of its rules, which
applies to the composition of tariffs, and
has been interpreted as prohibiting a
carrier’s tariff from referring to rates in
other tariffs. To effectuate this decision
to allow carriers to cross-reference their
own and their affiliates’ tariffs, the
Commission also amends § 61.54, which
applies to the composition of tariffs and
has been interpreted as prohibiting a
carrier’s tariff from referring to rates in
other tariffs. Paragraph (k) is added,
which specifies that ‘‘[n]otwithstanding
any other provisions in [that] section,
tariff publications filed by a carrier may
reference other tariff publications filed
by that carrier or its affiliates.’’
13. The rationale for amending § 61.54
is identical to the rationale for
amending § 61.74: There are clear
benefits, and no drawbacks, to allowing
a carrier’s tariff to refer to other tariffs
filed by that carrier and its affiliates.
The Commission’s amendment to
§ 61.54 is necessary to ensure
consistency between the rules that
govern tariff filings. Given that all
parties to this proceeding that
commented on the cross-referencing
issue support the Commission’s
decision to allow carriers to crossreference their own and their affiliates’
tariffs, it follows that the record
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supports the Commission’s decision to
amend § 61.54 to achieve the desired
result.
B. Eliminating Advanced Filing of
Materials That Support Interstate
Access Tariffs for Price Cap LECs
14. As proposed in the NPRM, and
supported by the record, the
Commission also eliminates the
requirement that price cap LECs file
short form tariff review plans 90 days
before their annual interstate access
tariff filings are effective. Consistent
with the view of all parties that
commented on this issue, the
Commission finds that the filing of short
form tariff review plans is no longer
necessary and is unduly burdensome.
15. As Verizon explains, the
decreased complexity of the annual
filings obviates the need for early notice
of the information contained in the
short form tariff review plan. AT&T also
points out that, even when the required
data are available by the filing deadline,
some of the information may later
change, forcing carriers to redo their
calculations before they submit their
annual access tariff filings. Both AT&T
and Frontier argue that the lack of data
and/or use of temporary or preliminary
factors render the short form tariff
review plan of little practical value.
16. Notably, commenters agree that
there have been no adverse
consequences from the suspension of
the requirement in recent years to
prepare and file a short form tariff
review plan. As Verizon, for example,
explains, the waivers of the entire filing
requirement ‘‘did not impede parties’
ability to review the annual filings.’’
Frontier agrees that there is no evidence
that the Bureau’s previous waivers of
the filing requirement caused any harm.
17. Although the short form tariff
review plan filing serves little, if any,
useful purpose, it requires effort from
the filing carriers. Parties estimate that
the time required to prepare and file the
short form tariff review plan can range
from 40 to 160 hours. Also, as
CenturyLink explains, the timing of the
short form tariff review plan is
inconvenient, requiring that carriers and
the Commission expend resources
completing and reviewing the short
form tariff review plan at a time ‘‘when
the larger [a]nnual [f]iling needs the
greater attention.’’ Thus, the current rule
requiring price cap carriers to file short
form tariff review plans is burdensome
and provides little benefit, if any,
especially given that the remaining
annual filing notice requirements ‘‘will
provide adequate time for the
Commission and the industry to review
carrier tariff filings.’’ As Frontier aptly
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Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Rules and Regulations
explains, eliminating the short form
tariff review plan ‘‘will free up valuable
carrier resources with no discernable
downside for Commission staff.’’
C. Effective Date and Sunsetting of
Interim Waiver of the Prohibition on
Referencing Other Tariffs
18. Because both the prohibition on a
carrier cross-referencing its own tariffs
and those of its affiliates and the short
form tariff review plan requirement no
longer serve any useful purpose, the
Commission sees no reason to delay the
effective date of the rule changes. In the
NPRM, the Commission proposed that
the rule changes would take effect 30
days after Federal Register publication
of a summary of this Report and Order.
No commenters opposed this proposal,
which the Commission now adopts.
19. Finally, the interim waiver the
Commission granted to all carriers of the
prohibition on cross-referencing their
own tariffs and those of their affiliates
will end 30 days after Federal Register
publication of a summary of this Report
and Order, when the revised rules
become effective.
II. Procedural Issues
20. Paperwork Reduction Act. This
document eliminates certain
information collection requirements but
does not contain any new or modified
information collection requirements
within the meaning of the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198.
21. Final Regulatory Flexibility
Certification. The Regulatory Flexibility
Act of 1980, as amended (RFA), requires
that a regulatory flexibility analysis be
prepared for notice-and-comment
rulemaking proceedings, unless the
agency certifies that ‘‘the rule will not,
if promulgated, have a significant
economic impact on a substantial
number of small entities.’’ The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act. A ‘‘small
business concern’’ is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA).
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22. The Commission included an
Initial Regulatory Flexibility
Certification in the NPRM, and received
no comments addressing this issue.
23. In this Report and Order, the
Commission amends two of the its tariff
rules by adding §§ 61.54(k) and 61.74(b),
and eliminates one tariff rule, § 61.49(k),
to minimize burdens associated with
filing tariffs, as part of the Commission’s
efforts to reduce unnecessary
regulations that no longer serve the
public interest. The addition of
§§ 61.54(k) and 61.74(b) is procedural in
nature, and the impact is minor. These
revisions impact large and small
telephone companies. The elimination
of § 61.49(k) impacts only price cap
LECs for services that continue to be
subject to price cap regulation, and any
impact of this rule change is minor.
Price cap LECs are some of the largest
telephone companies. Therefore, the
Commission certifies that the rule
amendments will not have a significant
economic impact on a substantial
number of small entities.
24. The Commission will send a copy
of the Report and Order, including a
copy of this Final Regulatory Flexibility
Certification, in a report to Congress
pursuant to the Congressional Review
Act. In addition, the Report and Order
and this final certification will be sent
to the Chief Counsel for Advocacy of the
SBA, and will be published in the
Federal Register.
25. Congressional Review Act. The
Commission has determined, and the
Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
concurs that these rules are ‘‘non-major’’
under the Congressional Review Act, 5
U.S.C. 804(2). The Commission will
send a copy of this Report and Order to
Congress and the Government
Accountability Office pursuant to 5
U.S.C. 801(a)(1)(A).
III. Ordering Clauses
26. Accordingly, it is ordered that,
pursuant to the authority contained in
sections 1, 2, 4(i)–(j), and 201–203 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i)–(j),
201–203, this Report and Order is
adopted.
27. It is further ordered that this
Report and Order shall be effective
thirty (30) days after publication of a
summary in the Federal Register.
28. It is further ordered that part 61
of the Commission’s rules, 47 CFR part
61, is amended as set forth in the Final
Rules, and such rule amendments shall
be effective thirty (30) days after
publication of a summary of the Report
and Order in the Federal Register.
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29. It is further ordered that the
interim waiver of the prohibition on a
carrier’s tariff referencing the carrier’s
other tariff publications and tariffs of its
affiliates, as adopted in the NPRM, will
end thirty (30) days after a summary of
this Report and Order is published in
the Federal Register.
30. It is further ordered that the
Motion for Acceptance of Late-Filed
Comments filed by AT&T is dismissed
as moot.
31. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Report and Order, including the
Final Regulatory Flexibility
Certification, to the Chief Counsel for
Advocacy of the Small Business
Administration.
Federal Communications Commission.
Marlene Dortch,
Secretary.
List of Subjects in 47 CFR Part 61
Communications common carriers,
Reporting and recordkeeping
requirements, Telephones.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 61 as
follows:
PART 61—TARIFFS
1. The authority citation for part 61
continues to read as follows:
■
Authority: 47 U.S.C. 151, 154(i), 154(j),
201–205, 403, unless otherwise noted.
§ 61.49
[Amended]
2. Amend § 61.49 by removing and
reserving paragraph (k).
■
3. Amend § 61.54 by adding paragraph
(k) to read as follows:
■
§ 61.54
Composition of tariffs.
*
*
*
*
*
(k) References to other tariffs.
Notwithstanding any other provisions in
this section, tariff publications filed by
a carrier may reference other tariff
publications filed by that carrier or its
affiliates.
4. Amend § 61.74 by redesignating
paragraphs (b) through (e) as paragraphs
(c) through (f) and adding new
paragraph (b) to read as follows:
■
§ 61.74
References to other instruments.
*
*
*
*
*
(b) Tariff publications filed by a
carrier may reference other tariff
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publications filed by that carrier or its
affiliates.
*
*
*
*
*
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2019–25570 Filed 11–25–19; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 580
[Docket No. NHTSA–2019–0127]
RIN 2127–AL39
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation DOT.
ACTION: Final rule; response to petitions
for reconsideration.
AGENCY:
This document responds to
petitions for reconsideration regarding
NHTSA’s October 2, 2019, final rule
amending NHTSA’s odometer
disclosure requirements to allow States
to adopt electronic odometer disclosure
systems and changing the time when
vehicles become exempt from federal
odometer disclosure requirements from
ten years to twenty years. NHTSA
received petitions for reconsideration
from the America Association of Motor
Vehicle Administrators (AAMVA) and
the State of Delaware Department of
Transportation requesting that the
agency delay the effective date of the
changes to the exemption from
odometer disclosure requirements for
one year. After consideration of the
petitions, NHTSA has decided to grant
the petition. The change to the
exemption from the odometer disclosure
requirements will take effect on January
1, 2021 and will apply to model year
2011 and newer vehicles. The
amendments in the October 2, 2019,
final rule allowing States to adopt
electronic odometer disclosure systems
will still take effect as scheduled on
December 31, 2019.
DATES: Effective December 31, 2019.
Petitions for reconsideration of this
final action must be received not later
than January 10, 2020.
ADDRESSES: Correspondence related to
this rule including petitions for
reconsideration and comments should
refer to the docket number in the
heading of this document and be
submitted to: Administrator, National
Highway Traffic Safety Administration,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Washington, DC 20590.
SUMMARY:
15:52 Nov 25, 2019
On
October 2, 2019, NHTSA issued a final
rule amending 49 CFR part 580 to allow
States to adopt electronic odometer
disclosure without prior approval from
NHTSA. The final rule also amended
the exemption in § 580.17 exempting
vehicles greater than ten model years
old at the time of transfer from odometer
disclosure. Under the final rule, starting
with the 2010 model year, a vehicle
does not become exempt until it is
twenty model years old at the time of
transfer. The amendments to the
exemption period in the October 2, 2019
final rule were scheduled to go in to
effect on December 31, 2019 and would
have applied to model year 2010
vehicles (which would otherwise be
exempt from odometer disclosure
beginning January 1, 2020).
On November 8, 2019, AAMVA
submitted a petition for reconsideration
requesting that NHTSA delay the
changes to the exemption period in
section 580.17 for one year. AAMVA
stated that the 90-day lead time in the
final rule was insufficient for member
State departments of motor vehicles to
implement the changes in information
technology systems, order forms and
coordinate legislative changes necessary
to implement the change to the
exemption period. AAMVA stated that,
in addition to States, motor vehicle
dealers and motor vehicle auctions may
need to change their business processes
in response to the change to the
exemption period. AAMVA further
stated that State departments of motor
vehicles will require time to train staff
on the new exemption period and
educate motor vehicle dealers and other
effected entities. AAMVA requested a
delay of one year to give all parties
effected by the changes to the
exemption period the time necessary to
successfully implement the change to
the exemption period.
The State of Delaware Department of
Transportation submitted a petition for
reconsideration on November 15, 2019
also requesting a one year delay to the
SUPPLEMENTARY INFORMATION:
Odometer Disclosure Requirements
VerDate Sep<11>2014
For policy and technical issues: Mr.
David Sparks, Director, Office of
Odometer Fraud, National Highway
Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC
20590. Telephone: (202) 366–5953.
Email: David.Sparks@dot.gov.
For legal issues: Mr. Thomas Healy,
Office of the Chief Counsel, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590. Telephone:
(202) 366–7161. Email Thomas.Healy@
dot.gov.
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65017
changes to the exemption period in
§ 580.17. Delaware stated that legislative
changes were necessary to accomplish
the change to the exemption period and
that its Legislature did not begin its
legislative session until January 2020.
After reviewing the arguments in the
petition for reconsideration submitted
by AAMVA and Delaware, NHTSA has
tentatively decided to delay the effective
date of the changes to the exemption
period in § 580.17 for one year, and
apply the twenty-year exemption
beginning with the 2011 model year, to
ensure that the change to the exemption
period is implemented with minimal
disruption. The increase in the
exemption period to twenty years will
now come into effect on January 1, 2021
and will apply to model year 2011 and
later vehicles. As is the case prior to
implementation of the rule, model year
2010 vehicles will become exempt from
odometer disclosure on January 1, 2020.
Response to Petitions for
Reconsideration
Pursuant to the process established
under 49 CFR 553.37, after carefully
considering all aspects of the petition,
NHTSA has decided to grant the
petitions discussed above without
further proceedings.
Rulemaking Analyses and Notices
Executive Order 12866, Executive Order
13563, and DOT Regulatory Policies and
Procedures
Executive Order 12866, Executive
Order 13563, and the Department of
Transportation’s regulatory policies
require this agency to make
determinations as to whether a
regulatory action is ‘‘significant’’ and
therefore subject to OMB review and the
requirements of the aforementioned
Executive Orders. The Executive Order
12866 defines a ‘‘significant regulatory
action’’ as one that is likely to result in
a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
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]]>Agencies
[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Rules and Regulations]
[Pages 65014-65017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25570]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 61
[WC Docket Nos. 18-276, 17-308; FCC No. 19-107; FR ID 16252]
Reform of Certain Tariff Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission amends its tariff publication rules to allow
carriers to cross-reference their own tariffs and the tariffs of their
affiliates, and to eliminate the short form tariff review plan filed by
price cap incumbent local exchange carriers 90 days before the
effective date of their annual access tariff filings. These changes
will bring the Commission's tariff publication rules in line with the
reality of the increased ease of access to tariff filings, and will
reduce the regulatory burdens on filers and the Commission's own tariff
review staff.
DATES: The amendments set forth in this Report and Order will become
effective December 26, 2019.
ADDRESSES: Federal Communications Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Robin Cohn, Wireline Competition
Bureau, Pricing Policy Division at 202-418-1540 or via email at
[email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order released October 30, 2019. A full-text copy can be obtained
at the following internet Address: https://docs.fcc.gov/public/attachments/FCC-19-107A1.pdf.
Background
1. Many of the Commission's rules governing tariff filings were
adopted when paper tariffs were filed at the Commission and interested
parties had to visit the Commission to review physical copies of those
filings. Not surprisingly, technological advances that allow carriers
and interested parties to submit and view information electronically
have obviated the need for certain longstanding tariff rules that were
predicated on the need for paper filings and protracted review periods.
Last year, the Commission proposed to amend two such sets of rules--
those that prohibit a carrier from cross-referencing its tariffs and
those of its affiliates, and the rule that requires price cap local
exchange carriers (LECs) to file short form tariff review plans well in
advance of their annual tariff filings.
2. Cross-referencing. When the Commission's cross-referencing rules
were adopted more than 75 years ago, tariffs were often quite
voluminous and were filed in hard copy, making it cumbersome to obtain
and follow a cross-reference from one tariff to another tariff. To
ensure that someone reviewing a paper copy of a tariff would have ready
access to all of the terms of the tariff, the Commission adopted Sec.
61.74, which, with certain exceptions, prohibits one tariff from cross-
referencing another tariff, and Sec. 61.54, which also has been
interpreted as prohibiting cross-referencing between tariffs.
3. Today, by contrast, carriers are required to file tariffs
electronically using the Electronic Tariff Filing System (ETFS), and it
only takes ``a few seconds and a few clicks'' to find a cross-
referenced tariff. As a result, interested parties can now access
tariffs through the ETFS via an internet connection anywhere and
electronically review and search the tariffs they are looking for.
4. The Commission's current rules allow carriers to seek special
permission to cross-reference their own tariffs and those of their
affiliates, and carriers do so when, for example, they offer discount
plans that cross different operating territories. The Wireline
Competition Bureau (Bureau) has routinely granted requests for special
permission to allow a carrier to cross-reference its own tariffs and
those of its affiliates. In the notice of proposed rulemaking (NPRM)
(83 FR 58510, Nov. 20, 2018), the Commission proposed to amend the
rules to allow a carrier's tariffs to refer to its own tariffs and
those of its affiliates, and provided an interim waiver of Sec.
61.74(a) to all carriers to allow carriers' tariffs to reference their
other tariffs, and those of their affiliates, pending resolution of the
issues addressed in the NPRM.
5. Short form tariff review plans. Prior to 1997, annual interstate
access tariffs were filed 90 days before the effective date of such
tariffs, thereby allowing a significant amount of time for the
Commission and interested parties to review the filings and associated
cost support. In 1997, when the Commission modified its rules to permit
price cap carriers to file tariffs on either 7 days' notice (for rate
reductions) or 15 days' notice (for rate increases), it also adopted a
requirement that price cap carriers submit supporting information,
without rate data, 90 days prior to the annual access tariff filing
effective date. This filing, known as the ``short form tariff review
plan,'' consists of a standardized spreadsheet showing data regarding
exogenous cost adjustments that price cap carriers seek to make to
their price cap indices. Exogenous cost adjustments are made, for
example, to the following cost input categories: (1) Regulatory fees;
(2) Telecommunications Relay Services (TRS) expenses; (3) excess
deferred taxes; and (4) North American Numbering Plan Administration
(NANPA) expenses.
6. In the years following adoption of the short form tariff review
plan filing requirement, the Bureau often granted waivers of the filing
deadline and of the requirement to provide certain data in advance of
the annual access tariff filing. In 2014, at USTelecom's request, the
Bureau granted a waiver that reduced the 90-day filing deadline for the
short form tariff review plan to approximately 45 days before the
annual access tariff effective date.
7. In 2017, the Bureau waived the short form tariff review plan
filing requirement in its entirety, finding that
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the ``factors needed to calculate three of the most common exogenous
cost adjustments--regulatory fees, TRS fees, and NANPA expenses--will
not be available prior to the short form filing deadline,'' so the
short form tariff review plan would be of little value to the
Commission. The Bureau found multiple reasons to waive the short form
tariff review plan requirement again in 2018 and 2019, including that:
(1) It was unlikely that the necessary information would be available
by the required filing date; and (2) exogenous cost data contained in
the short form tariff review plan would be included with the
information filed directly prior to the annual filing effective date
(assuming the availability of such data), at which time the information
could be reviewed by the Commission and interested parties.
8. In the NPRM, the Commission recognized that the value of the
short form tariff review plan has declined because the complexity and
number of interstate access tariff filings has decreased over the last
decade as the scope of services subject to price cap regulation has
narrowed. In light of the Commission's experience that waiving the
short form tariff review plan requirement had not negatively affected
the ability of interested parties and staff to review tariffs in a
timely fashion, the Commission proposed to eliminate it as unnecessary
and unduly burdensome.
I. Discussion
9. The Commission received no opposition to the proposals set forth
in the NPRM. Instead, commenters all agree that, in their experience,
the ease of making and reviewing electronic tariff filings obviates the
need for the prohibition on carriers' cross-referencing their own or
their affiliates' tariffs and the need for the short form tariff review
plan. The Commission therefore amends its rules to reduce unnecessary
filing burdens and to allow stakeholders to benefit from current
technology. (AT&T filed a Motion for Acceptance of Late-Filed Comments.
The Commission treats AT&T's filing as Ex Parte Comments, and dismisses
AT&T's Motion as moot.)
A. Updating and Amending Tariff Cross-Referencing Rules
10. First, the Commission amends its tariffing rules to allow
carriers to cross-reference their own and their affiliates' tariffs.
Comments in the record unanimously support amending Sec. 61.74 of the
Commission's rules to permit carriers to cross-reference their own and
their affiliates' tariff filings. The Commission agrees with the
commenters that this modification is justified because the prohibition
on a carrier's tariff cross-referencing that carrier's tariffs and
those of its affiliates no longer serves a functional purpose, in light
of the ease with which the public can now access and search tariffs.
11. Moreover, as commenters explain, the current obligation to seek
and receive special permission to cross-reference a carrier's own
tariffs imposes unnecessary costs on the carriers that file those
requests and on the Commission staff that consider and act on those
requests. The need to request special permission also harms competition
by ``impinging the carriers' ability to quickly respond to customers'
demands,'' and by forcing carriers to ``telegraph a planned tariff
filing.'' Furthermore, there is no record of any negative consequences
arising from previous grants of special permission.
12. The Commission therefore amends Sec. 61.74 as proposed in the
NPRM to expressly allow a carrier to reference other tariffs issued by
the carrier or any of its affiliates. The new Sec. 61.74(b) states:
``Tariff publications filed by a carrier may reference other tariff
publications filed by that carrier or its affiliates.'' To further
effectuate the Commission's decision to allow carriers to cross-
reference their own and their affiliates' tariffs, the Commission also
amends Sec. 61.54 of its rules, which applies to the composition of
tariffs, and has been interpreted as prohibiting a carrier's tariff
from referring to rates in other tariffs. To effectuate this decision
to allow carriers to cross-reference their own and their affiliates'
tariffs, the Commission also amends Sec. 61.54, which applies to the
composition of tariffs and has been interpreted as prohibiting a
carrier's tariff from referring to rates in other tariffs. Paragraph
(k) is added, which specifies that ``[n]otwithstanding any other
provisions in [that] section, tariff publications filed by a carrier
may reference other tariff publications filed by that carrier or its
affiliates.''
13. The rationale for amending Sec. 61.54 is identical to the
rationale for amending Sec. 61.74: There are clear benefits, and no
drawbacks, to allowing a carrier's tariff to refer to other tariffs
filed by that carrier and its affiliates. The Commission's amendment to
Sec. 61.54 is necessary to ensure consistency between the rules that
govern tariff filings. Given that all parties to this proceeding that
commented on the cross-referencing issue support the Commission's
decision to allow carriers to cross-reference their own and their
affiliates' tariffs, it follows that the record supports the
Commission's decision to amend Sec. 61.54 to achieve the desired
result.
B. Eliminating Advanced Filing of Materials That Support Interstate
Access Tariffs for Price Cap LECs
14. As proposed in the NPRM, and supported by the record, the
Commission also eliminates the requirement that price cap LECs file
short form tariff review plans 90 days before their annual interstate
access tariff filings are effective. Consistent with the view of all
parties that commented on this issue, the Commission finds that the
filing of short form tariff review plans is no longer necessary and is
unduly burdensome.
15. As Verizon explains, the decreased complexity of the annual
filings obviates the need for early notice of the information contained
in the short form tariff review plan. AT&T also points out that, even
when the required data are available by the filing deadline, some of
the information may later change, forcing carriers to redo their
calculations before they submit their annual access tariff filings.
Both AT&T and Frontier argue that the lack of data and/or use of
temporary or preliminary factors render the short form tariff review
plan of little practical value.
16. Notably, commenters agree that there have been no adverse
consequences from the suspension of the requirement in recent years to
prepare and file a short form tariff review plan. As Verizon, for
example, explains, the waivers of the entire filing requirement ``did
not impede parties' ability to review the annual filings.'' Frontier
agrees that there is no evidence that the Bureau's previous waivers of
the filing requirement caused any harm.
17. Although the short form tariff review plan filing serves
little, if any, useful purpose, it requires effort from the filing
carriers. Parties estimate that the time required to prepare and file
the short form tariff review plan can range from 40 to 160 hours. Also,
as CenturyLink explains, the timing of the short form tariff review
plan is inconvenient, requiring that carriers and the Commission expend
resources completing and reviewing the short form tariff review plan at
a time ``when the larger [a]nnual [f]iling needs the greater
attention.'' Thus, the current rule requiring price cap carriers to
file short form tariff review plans is burdensome and provides little
benefit, if any, especially given that the remaining annual filing
notice requirements ``will provide adequate time for the Commission and
the industry to review carrier tariff filings.'' As Frontier aptly
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explains, eliminating the short form tariff review plan ``will free up
valuable carrier resources with no discernable downside for Commission
staff.''
C. Effective Date and Sunsetting of Interim Waiver of the Prohibition
on Referencing Other Tariffs
18. Because both the prohibition on a carrier cross-referencing its
own tariffs and those of its affiliates and the short form tariff
review plan requirement no longer serve any useful purpose, the
Commission sees no reason to delay the effective date of the rule
changes. In the NPRM, the Commission proposed that the rule changes
would take effect 30 days after Federal Register publication of a
summary of this Report and Order. No commenters opposed this proposal,
which the Commission now adopts.
19. Finally, the interim waiver the Commission granted to all
carriers of the prohibition on cross-referencing their own tariffs and
those of their affiliates will end 30 days after Federal Register
publication of a summary of this Report and Order, when the revised
rules become effective.
II. Procedural Issues
20. Paperwork Reduction Act. This document eliminates certain
information collection requirements but does not contain any new or
modified information collection requirements within the meaning of the
Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition,
therefore, it does not contain any new or modified information
collection burden for small business concerns with fewer than 25
employees, pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198.
21. Final Regulatory Flexibility Certification. The Regulatory
Flexibility Act of 1980, as amended (RFA), requires that a regulatory
flexibility analysis be prepared for notice-and-comment rulemaking
proceedings, unless the agency certifies that ``the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities.'' The RFA generally defines the term ``small
entity'' as having the same meaning as the terms ``small business,''
``small organization,'' and ``small governmental jurisdiction.'' In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act. A ``small
business concern'' is one which: (1) Is independently owned and
operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the Small Business
Administration (SBA).
22. The Commission included an Initial Regulatory Flexibility
Certification in the NPRM, and received no comments addressing this
issue.
23. In this Report and Order, the Commission amends two of the its
tariff rules by adding Sec. Sec. 61.54(k) and 61.74(b), and eliminates
one tariff rule, Sec. 61.49(k), to minimize burdens associated with
filing tariffs, as part of the Commission's efforts to reduce
unnecessary regulations that no longer serve the public interest. The
addition of Sec. Sec. 61.54(k) and 61.74(b) is procedural in nature,
and the impact is minor. These revisions impact large and small
telephone companies. The elimination of Sec. 61.49(k) impacts only
price cap LECs for services that continue to be subject to price cap
regulation, and any impact of this rule change is minor. Price cap LECs
are some of the largest telephone companies. Therefore, the Commission
certifies that the rule amendments will not have a significant economic
impact on a substantial number of small entities.
24. The Commission will send a copy of the Report and Order,
including a copy of this Final Regulatory Flexibility Certification, in
a report to Congress pursuant to the Congressional Review Act. In
addition, the Report and Order and this final certification will be
sent to the Chief Counsel for Advocacy of the SBA, and will be
published in the Federal Register.
25. Congressional Review Act. The Commission has determined, and
the Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, concurs that these rules are ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The
Commission will send a copy of this Report and Order to Congress and
the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
III. Ordering Clauses
26. Accordingly, it is ordered that, pursuant to the authority
contained in sections 1, 2, 4(i)-(j), and 201-203 of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i)-(j), 201-203, this
Report and Order is adopted.
27. It is further ordered that this Report and Order shall be
effective thirty (30) days after publication of a summary in the
Federal Register.
28. It is further ordered that part 61 of the Commission's rules,
47 CFR part 61, is amended as set forth in the Final Rules, and such
rule amendments shall be effective thirty (30) days after publication
of a summary of the Report and Order in the Federal Register.
29. It is further ordered that the interim waiver of the
prohibition on a carrier's tariff referencing the carrier's other
tariff publications and tariffs of its affiliates, as adopted in the
NPRM, will end thirty (30) days after a summary of this Report and
Order is published in the Federal Register.
30. It is further ordered that the Motion for Acceptance of Late-
Filed Comments filed by AT&T is dismissed as moot.
31. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order, including the Final Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the
Small Business Administration.
Federal Communications Commission.
Marlene Dortch,
Secretary.
List of Subjects in 47 CFR Part 61
Communications common carriers, Reporting and recordkeeping
requirements, Telephones.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 61 as follows:
PART 61--TARIFFS
0
1. The authority citation for part 61 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 201-205, 403, unless
otherwise noted.
Sec. 61.49 [Amended]
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2. Amend Sec. 61.49 by removing and reserving paragraph (k).
0
3. Amend Sec. 61.54 by adding paragraph (k) to read as follows:
Sec. 61.54 Composition of tariffs.
* * * * *
(k) References to other tariffs. Notwithstanding any other
provisions in this section, tariff publications filed by a carrier may
reference other tariff publications filed by that carrier or its
affiliates.
0
4. Amend Sec. 61.74 by redesignating paragraphs (b) through (e) as
paragraphs (c) through (f) and adding new paragraph (b) to read as
follows:
Sec. 61.74 References to other instruments.
* * * * *
(b) Tariff publications filed by a carrier may reference other
tariff
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publications filed by that carrier or its affiliates.
* * * * *
[FR Doc. 2019-25570 Filed 11-25-19; 8:45 am]
BILLING CODE 6712-01-P
