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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 DA 99-128 ) In the Matter of ) CC Docket No. 95-116 Long-Term Telephone Number ) Portability Tariff Filings ) RM 8535 ) ORDER Adopted: January 8, 1999 Released: January 8, 1999 By the Chief, Competitive Pricing Division: I. INTRODUCTION 1. The purpose of this Order is to facilitate incumbent local exchange carrier (LEC) tariff filings to take effect on February 1, 1999 in response to the long-term telephone number portability Third Report and Order. This Order addresses: U S WEST Communications, Inc.'s (U S WEST) application for Special Permission to Waive Section 61.58 of the Commission's rules; the dates on which the tariff filings may be filed, as well as the dates for comments and replies to incumbent LEC tariff filings; and service of the tariff filings, comments, and replies. In addition, this Order establishes the filing procedures for the tariff filings. All correspondence and comments in connection with these filings should be designated in reference to the Long-Term Telephone Number Portability Tariff Filings. II. DISCUSSION A. Tariff Filing Dates and Procedures 2. Incumbent LECs are permitted by section 61.58(d) of the Commission's rules to make their tariff filings 15 days prior to the effective date of their tariffs. If a filing is not made pursuant to section 61.58(d), it must comply with section 61.58(c)(5), which requires not less than 45 days' notice. Tariff filings can only be made on days the Commission is officially open for business. U S WEST requests special permission to make either a 17-day or a 14-day filing with an effective date of February 1, 1999. Because February 1 is a Monday, and a 15-day filing is precluded because the Commission is not officially open for business on Sunday, January 17, we grant U S WEST's request for special permission to waive the requirements of section 61.58(c)(5) to make a tariff filing on 17 days' notice with an effective date of February 1, 1999. The 17-day tariff filing will allow interested parties and the Commission staff sufficient time to review the tariffs. The tariffs, therefore, should be filed no later than Friday, January 15, 1999. Any incumbent LEC that intends to implement a number portability end-user surcharge to be effective on February 1, 1999 may also file on 17 days' notice without requesting special permission for a waiver of section 61.58. Because the tariffs filed on 17 days' notice do not qualify for treatment as streamlined filings pursuant to section 204(a)(3), these tariffs will not be deemed lawful upon filing. 3. Incumbent LECs must use the Electronic Tariff Filing System (ETFS) to file all of their tariff material. This material includes cost studies and all supporting documentation. Incumbent LECs are reminded that two remote filing sites are available, at the following addresses: Chicago, IL http://207.241.53.107/ Los Angeles, CA http://www.fccetfs.com/ In addition to filing the cost studies and supporting documentation on ETFS, each LEC filing such information should provide the Competitive Pricing Division with two copies on disk. These two copies should be marked ATTN: Chris Barnekov, Competitive Pricing Division, Common Carrier Bureau, Room 518, 1919 M Street, N.W., Washington, DC 20554. One copy of the cost studies and supporting documentation on disk should also be given to the Commission's commercial contractor, ITS, 1919 M Street, NW, Room 246, Washington, DC 20054. Computer disk copies of the data should be submitted in Lotus Release-3 format. We urge carriers to run a computer virus check on each disk before submitting those disks. The computer file on the disk should be named COSA0299 where "COSA" is the 4-character company study area code and 0299 is the effective date of the tariff. 4. Copies of the cost studies and supporting documentation filed on disk may be obtained from ITS, 1231 20th Street, NW, Washington, DC 20036, (202) 857-3800. Copies of any information filed electronically may be obtained via the Internet using the ETFS at http://svartifoss.fcc.gov:8080/prod/ccb/etfs, or from ITS. For more information, contact Josephine Simmons at 202/418-1520 or Chris Barnekov at 202/418-1520, Common Carrier Bureau, Competitive Pricing Division. B. Pleading Filing Dates and Procedures 5. To provide as much time as possible for all parties to review these filings, and still leave incumbent LECs sufficient time to respond to other parties' review of their tariff filings, we modify the normal pleading cycle. Accordingly, for tariffs filed on January 15, 1999, petitions will be due on January 21, 1999, and replies will be due on January 27, 1999. Petitions and replies regarding tariffs filed effective on any date after February 1, 1999 must be filed pursuant to sections 1.773(a)(2) and 1.773(b)(1). 6. Parties filing pleadings are encouraged to use ETFS in order to facilitate access to these documents. Commenters and carriers filing in paper format should file their originals with the Commission Secretary, with copies to the Competitive Pricing Division and ITS. Commenters and carriers filing electronically on the ETFS will not be required to file a copy with the Competitive Pricing Division or ITS. For the purpose of these tariff proceedings any comments and reply comments filed on the ETFS will be considered as officially filed with the Commission. We caution parties that the Commission's Electronic Comment Filing System (ECFS) will not accept these comments and replies. We also invite members of the general public to submit one copy of their comments, without regard to form, by letter to the Secretary, 445 Twelfth Street, S.W., Washington, DC 20554. C. Service 7. Because limited time is available for review of the incumbent LEC tariff filings, petitions, and replies, we establish the following service requirement for these filings. On the date filings are submitted to the Commission, they shall be served upon a party, its attorney, or other duly constituted agent by hand delivery or by fax transmission. Parties are instructed to provide contact persons and fax numbers in their filings. LECs are directed to serve their complete tariffs, including accompanying cost studies, upon all persons that filed replies to their comments in the long-term telephone number portability cost classification proceeding. Parties filing comments and replies electronically are reminded they still must serve copies in accordance with sections 1.773(a)(4) and (b)(3) of the Commission's rules, and as stated herein. We waive the requirement for service by mail set forth in section 1.47(d) of the Commission's rules for these filings. D. Confidential Data 8. Incumbent LECs requesting confidential treatment of data submitted in support of the long-term telephone number portability tariff filings must make the request for confidential treatment in the tariff transmittal accompanying the tariff filing, and must comply with sections 0.459(b) and (c) of the Commission's rules. In order to receive confidential treatment for supporting data, LECs must include in the request a good faith showing that the evidence should be accorded confidential treatment. Upon submission of the good faith showing that the supporting evidence should be accorded confidential treatment, the Model Protective Order adopted by the Commission in the Confidential Treatment of Information Order, attached hereto as Appendix A, will apply to the data the incumbent LECs file as confidential data in this proceeding. Making the data available subject to a standard protective order will guard against competitive harm while facilitating the timely review of the information by interested parties. In light of the limited time available for parties to review the long-term telephone number portability tariff filings, we encourage incumbent LECs that will need to make confidential material available for review to make the necessary agreements in advance. III. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that the Application of U S WEST Communications for Special Permission to waive section 61.58 of the Commission's Rules, 47 C.F.R.  61.58, is hereby GRANTED; 10. IT IS FURTHER ORDERED that section 61.58(c)(5) of the Commission's Rules, 47 C.F.R.  61.58(c)(5) IS WAIVED for the purpose specified in paragraph 2 supra; and carriers may reference the "DA" number of this order as authority for the filing. 11. IT IS FURTHER ORDERED that section 1.47(d)of the Commission's Rules, 47 C.F.R.  1.47(d), IS WAIVED for the purpose specified in paragraph 7 supra. FEDERAL COMMUNICATIONS COMMISSION Jane E. Jackson Chief, Competitive Pricing Division Common Carrier Bureau