PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET N.W. WASHINGTON, DC 20554 _______________________________________________DA 97-493______ News media information 202/418-0500. Recorded listing of releases and texts 202/418-2222. March 6, 1997 POLICY AND RULES CONCERNING THE INTERSTATE, INTEREXCHANGE MARKETPLACE CC DOCKET NO. 96-61 (FCC 96-424) SECOND REPORT AND ORDER GUIDANCE CONCERNING IMPLEMENTATION AS A RESULT OF THE STAY ORDER OF THE U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT On October 31, 1996, the Commission released a Second Report and Order In the Matter of Policy and Rules Concerning the Interstate, Interexchange Marketplace, CC Docket No. 96-61, FCC 96-424 (1996) (Detariffing Order). The Detariffing Order was published in the Federal Register on November 22, 1996, and became effective on December 22, 1996. The Detariffing Order required "all nondominant interexchange carriers to cancel their tariffs for interstate, domestic interexchange services on file with the Commission within nine months of the effective date of this Order and not to file any such tariffs thereafter." Detariffing Order at paras. 89, 90. On February 13, 1997, the United States Court of Appeals for the District of Columbia Circuit granted motions for stay of the Detariffing Order pending judicial review. The result of this stay is that the tariffing rules in place prior to December 22, 1996, are in effect. In addition, the information maintenance, public disclosure, and certification requirements required in the Detariffing Order have also been stayed. Therefore, nondominant carriers providing interstate, domestic interexchange services continue to be required to file tariffs pursuant to Part 61 of the Commission's Rules, 47 C.F.R.  61 et.seq. Nondominant interexchange carriers that have already cancelled tariffs (including contract tariffs) for interstate, domestic interexchange services must refile those tariffs in accordance with the Commission's rules. In addition, carriers that have started to provide new interstate, domestic interexchange services on a detariffed basis, pursuant to the Detariffing Order, must now file tariffs for those new services. Pursuant to Section 1.1105 of the Commission's rules, tariff filings must be accompanied by a filing fee, which is currently six hundred dollars ($600.00), per filing. The fee requirement IS NOT WAIVED for those carriers that must refile their cancelled interstate, domestic interexchange tariffs. In the Fee Program Order the Commission specifically found that an exemption from the payment of fees for tariff filings required by changes to the Commission's rules was not envisioned by Congress when it established the regulatory fee program. Fee Program Order 2 FCC Rcd 947, 977(1987). The Commission noted that the purpose of the fee program is to assess and collect fees for regulatory services provided to the public, and that the fees charged are based primarily on the costs to the Commission of providing those services. In order to minimize their costs, and only for this specific purpose, carriers may refile several tariffs, revise several tariffs or file several new tariffs under one cover letter with the payment of one filing fee. In addition, organizations that file tariffs on behalf of several carriers may request waiver of applicable filing rules so that they may refile the tariffs of several carriers, file revisions to tariffs of several carriers or file several new tariffs under one cover letter with the payment of one filing fee. Waiver of the applicable filing rules for this purpose must be requested by filing an Application for Special Permission pursuant to Sections 61.151, 61.152, and 61.153 of the Commission's Rules, 47 C.F.R.  61.151, 61.152, 61.153. For additional assistance, contact: Larry Barnes, 202-418-1649, (e- mail: lbarnes@fcc.gov); or Calvin Howell, 202-418-1569, (chowell@fcc.gov). -- FCC --