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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:dYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd28@+@(/Zh2@5"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCdddddd%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155<%%%%,-%77O1O1O1O1O1bII1C1C1C1C1%%%%O7O7O7O7O7O7O7O7O7O7O1O7O7O7O7O7=7O7O1O1I1I1I1C1C1C1O7O7OO7O7O7O7,7%7%%%7+O7CC-O7O7O7bOI%I-=+=+N&27%177777"SS7!TT7S!%%117n%%77ln%1n%!t%<<<<>mBBs,?>[N6Wms[77UUUH_%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155%T7,OOOOOO=7111111I111117777777<7777777"5@^!)22SN!!28!2222222222888,\HCCH=8HH!'H=YHH8HC8=HH^HH=!!/2!,2,2,!222N2222!'22H22,006!!!!()!22H,H,H,H,H,YCC,=,=,=,=,!!!!H2H2H2H2H2H2H2H2H2H2H,H2H2H2H2H282H2H,H,C,C,C,=,=,=,H2H2HH2H2H2H2(2!2!!!2'H2==)H2H2H2YHC!C)8'8'N#-2!,22222KK2LL2K!!,,2d!!22bd!,d!t!77778c<, for both  !H incumbent LECs and the public. Access to the web page is through an Internet Service Provider (ISP) with software  ! that includes a browser program, preferably Netscape 3.0 or later versions. To view documents in ETFS effectively,  !7 a user must have the Adobe Acrobat plugin for browser software. The user's manual is available for viewing or  !M downloading from the ETFS site, as well as in paper form from the Commission's commercial copy contractor:  !M International Transcription Services (ITS), 1231 20th Street, NW, Washington, D.C., 20036, (202) 8573800. A  !I computer terminal is available in the Commission's Public Reference Room, Room 250, 1919 M Street NW,  ! Washington, D.C., for accessing ETFS. The Commission has established an email address (etfs@fcc.gov) and an information line (202) 4187700, for questions and comments about ETFS.w  SX'` `  ,hh] III. DISCUSSION  S'5.` ` ETFS has been available for voluntary use by incumbent LECs since November 17, 1997, and we have taken a number of steps to familiarize incumbent LECs, other industry participants, and the public with the system. Accordingly, carriers and the public have had adequate time to  S'become familiar with ETFS. We will therefore establish July 1, 1998, as the date after which incumbent LECs must use ETFS to file tariffs and associated documents. We will not accept paper filings of tariffs and associated documents from incumbent LECs after June 30, 1998. Although the Commission's rules provide for mandatory electronic filing by all local exchange carriers, we are limiting at this time the scope of the mandatory electronic filing requirement to incumbent LECs. The Commission has established permissive detariffing for nonincumbent LECs and has issued a  S'notice of proposed rulemaking to consider establishing mandatory detariffing for those carriers.( C {Oh#' xg ԍSee Hyperion Telecommunications, Inc. Petition Requesting Forbearance, CC Docket 97146, Memorandum Opinion and Order and Notice of Proposed Rulemaking, 12 FCC Rcd 8596 (1997). We defer consideration of establishing mandatory electronic filing for nonincumbent LECs until the conclusion of that proceeding. "( ,N(N(ZZW"Ԍ S'  6.` ` In addition to specifying July 1, 1998, as the date for initiation of mandatory electronic filing for incumbent LECs, we amend the Commission's rules to establish other requirements necessary to implement the Commission's program of electronic filing of tariffs and associated documents. Amending the Commission's rules for this purpose is within the scope of authority delegated to the  S`'Bureau in the Tariff Streamlining Report and Order.h` {O' xc ԍ Tariff Streamlining Report and Order, 12 FCC Rcd at 2195.  The rules we adopt today are not subject to  !  the notice and comment requirements of Section 553 of the Administrative Procedures Act because they are  {OZ' !k procedural rules. See 47 U.S.C.  553(b)(3). The Commission provided for notice and comment under section 553  {O$' ! for adoption of mandatory electronic filing by incumbent LECs in the Tariff Streamlining NPRM, See In re  yO' !k Implementation of Section 402(1)(A) of the Telecommunications Act of 1996, Notice of Proposed Rulemaking, CC  {O 'Docket No. 96187, 11 FCC Rcd 11233 (1996) (Tariff Streamlining NPRM). h The revised rules specify that the documents that incumbent LECs must file electronically are: complete tariff base documents, tariff revisions,  S'applications for special permission , supporting information, and Tariff Review Plans (TRPs). For reasons explained below, the rules define a tariff base document as a complete tariff document that contains all tariff revisions that became effective in the month preceding the month of filing of the base document. Incumbent LECs are permitted, but not required at this time, to file petitions for waiver of Part 69 of the Commission's rules by means of ETFS, as well as responses to petitions to suspend and investigate or reject tariff filings. Persons other than incumbent LECs are encouraged to file documents electronically in tariff proceedings, such as petitions to suspend and investigate or  S 'reject, but are not required to do so at this time. Bureau staff will work informally with incumbent LECs and other parties to encourage them to use ETFS to file documents in tariff proceedings where they are not required to do so. Documents in docketed proceedings, including tariff investigations, may not be filed by means of ETFS. Instead, electronic filing of documents in docketed proceedings  SZ'will be encompassed by the Commission's separate electronic filing program for those proceedings. ZZHC {OB' x ԍElectronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97113, Report and Order, FCC  yO ' ! 9856 (released April 6, 1998). This Order was published on the Internet at . The Electronic Comment Filing System is available at .  S '7.` ` The amended rules provide that, when incumbent LECs or others file documents electronically, those parties may not file the paper copies that would otherwise be filed with the Secretary, the Tariff and Pricing Analysis Branch of the Bureau's Competitive Pricing Division, and  S'the Commission's commercial contractor.T j C {O'ԍSee 47 C.F.R.  61.14 (c).T Carriers will continue to be required to comply with all other Part 61 requirements, including tariff format requirements, and requests for service on other  SB'parties by mail or fax, where otherwise required under existing rules.l B C {O 'ԍSee 47 C.F.R. Part 61and 1.773 (a)(4) and (b)(3).l   S'8.` ` The amended rules also provide that the official filing date is the date on which the  S'document is received by the Electronic Filing System.T  C {O$'ԍSee 47 C.F.R.  61.14 (a).T The date of receipt shall be determined by the time of the end of the electronic transmission with 5:30 pm Eastern Time as the cutoff time for  Sz'filings. Thus, if the transmission of a filing ends after 5:30 pm Eastern Time on a business day, the official filing date will be the next business day. If the time of termination of the filing is on a day"R  ,N(N(ZZ" that is not a business day, e.g., a weekend or holiday, the official filing date will be the next business day. The ETFS automatically establishes the date of filing in accordance with these requirements.  S'Parties filing electronically must request and receive a receipt at the end of each filing session in order to complete the transmission. The receipt, which will be received at the filer's computer, will provide  S`'details of the filing session, including the official receipt date and time, and will serve as the filing party's official documentation that the filing was received by the Commission.  S'9.` ` In order to make ETFS most useful to carriers and interested parties, we require that  S'all incumbent LECs file all of their tariff base documents electronically no later than five business  S'days within initiation of mandatory electronic filing . Subsequently, in order to assure that ETFS is  Sp'kept current, our revised rules require incumbent LECs to file a base document within five business days of the first day of the month that follows a month in which a revision to the tariff has become effective. To ensure that the base document includes all tariff revisions that became effective in the previous month, we define a base document as a complete tariff that contains all tariff revisions that became effective in the month preceding the filing of the base document. Incumbent LECs are not required to submit a base document by the fifth business day of a month if there were no revisions to the base document that became effective during the previous month. Under these requirements, persons wishing to view an incumbent LECs currently effective tariff revisions will need to view the current base document and then use ETFS' search capabilities to ascertain whether any of the carriers transmittals or requests for special permission proposed tariff revisions to become effective since the  S'first of the month. C yOH' x< ԍWhile the updated base document will contain all revisions that became effective in the month preceding  !D the month of filing of the base document, it will not contain revisions that became effective in the month of filing  !. of the updated base document. Under our rules, carriers may file tariffs to become effective considerably in advance  !k of the date of filing. Thus, in order to obtain all effective tariff provisions, including those that may have become  ! effective in the month of filing of the base document, interested persons will need to search for all proposed revisions to the tariff in question, not just those filed in the current month.  These requirements will assure that after electronic filing becomes mandatory for incumbent LECs, and on a continuing basis thereafter, ETFS provides a ready means for obtaining incumbent LECs' currently effective tariffs within a reasonable period. Carriers should submit base documents under a general cover letter identified as an updated base document. Carriers may not propose tariff revisions in these updated tariff base document filings. The filing of base documents is for the purpose of keeping ETFS current. Filing fees, therefore, will not be required for filing of  S'updated base documents.  S'10.` ` For tariff documents filed electronically, other than base documents, the issuing carrier must file a transmittal letter and/or letter of application. The filing must also include tariff pages, and all attachments, including the supporting information. As under current paper filing requirements, when carriers file tariff revisions by means of ETFS, they need not file the entire base document. Instead, they may file the proposed revised tariff pages and an accompanying transmittal letter. Fee  S'requirements applicable to filings currently requiring fees will not change.T@C {O#'ԍSee 47 C.F.R.  61.14 (b).T (As noted, filing of updated base documents will not require fees.) For filings requiring fees, the issuing carrier will continue to submit an original paper copy of the transmittal letter and/or letter of application, FCC Form 159, available online at , and the appropriate fee to the Mellon Bank unless the fee is submitted electronically pursuant to procedures separately established by"8,N(N(ZZ*"  S'the Commission for that purpose.kC {Oh'ԍ See 47 C.F.R. Part 61 and  1.1105(4)(a)(b)(c).k  S'11.` ` Tariff filings and associated documents filed prior to July 1, 1998, other than confidential and classified documents, are available for public inspection in the Commission's Tariff Public Reference Room, Room 250, 1919 M Street, NW, Washington, DC. Currently effective incumbent LEC public tariff filings and associated documents, filed after that date, will be available  S'only through ETFS.ZC yO ' x ԍ Copies will continue to be available through the Commission's commercial contractor, International Transcription Services (ITS), 1231 20th Street, NW, Washington, D.C., 20036, 2028573800. As noted, ETFS makes documents available from any location over the Internet. In addition, we have established a computer terminal dedicated for access to ETFS in our Public Reference Room.  Sp'  c  c ` `  IV. PAPERWORK REDUCTION ACT OF 1995  S '12.` `   The Office of Management and Budget has approved the electronic filing of tariffs and associated documents under OMB control number 30600745.  S 'M V. ORDERING CLAUSES Đc  SX'13.` ` Accordingly, IT IS ORDERED, pursuant to Sections 1, 4(i), 10, 201205, of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 160, 201205, and the authority delegated pursuant to Sections 0.91 and 0.291 of the Commission's rules, 47 CFR  0.91, 0.291, and paragraph 48 of the Tariff Streamlining Order, 12 FCC Rcd 2170, 2195 (1997), that Part 61 of the Commission's rules IS AMENDED as set forth in the attached Appendix.  Sh'14.` ` IT IS FURTHER ORDERED that these rules SHALL BECOME EFFECTIVE July 1,  S@'1998.  S' c` `  ,hh] ` `  ,hh]FEDERAL COMMUNICATIONS COMMISSION ` ` ` `  ,hh]A. Richard Metzger, Jr.  S' ` `  ,hh]Chief, Common Carrier Bureau  Sb'     "",N(N(ZZ!"Ԍ S'ԙAPPENDIX  X4#XP\  P6QVXP#  S'c#&J\  P6QgE&P#1.Parts 1 and 61 of Title 47 of the Code of Federal Regulations are amended to read as follows: Authority: Section 1, 4(i), 4(j), 201205, and 403 of the Communications Act of 1934, as amended; 47 U.S.C. 151, 154(i), 154(j), 201205, and 403, unless otherwise noted.  S'2.Part 1.773(a)(4) is amended to read as follows:  X4#XP\  P6QVXP#  S'#&J\  P6QgE&P#Petitions may be filed using the Electronic Tariff Filing System. The filing party that chooses to file a petition with the Commission electronically must serve filing carriers in accordance with requirements specified in this section.  S '3.Part 1.773(b)(3) is amended to read as follows: Replies may be filed using the Electronic Tariff Filing System. The filing party that chooses to file a reply with the Commission electronically must serve petitioners in accordance with requirements specified in this section.  S*'4.Part 61 is amended to revise the reservation of sections to read:  S'U  61.11  61.12 [Reserved]   S'c5. A new heading is added under General Rules and sections 61.13 through 61.17 are added to this section.  S'  Subpart B Rules for Electronic Filing Đc  S'6. Part 61 is amended to add new sections 61.13 through 61.17 to read as follows:  Sr'  61.13 Scope (a) This subpart applies to all tariff publications of carriers required to file tariff publications electronically, and documents, other than tariff publications, filed by parties permitted, but not required to file electronically; (b) All Incumbent Local Exchange Carriers are required to file tariff publications electronically; (c) All tariff publications shall be filed in a manner that is compatible and consistent with the technical requirements of the Electronic Tariff Filing System; (d) All Incumbent Local Exchange Carriers must file tariff publications using the Electronic Tariff Filing System for all tariff publications filed on or after July 1, 1998.  S&'  61.14 Method of filing Publications "&,N(N(ZZ%"Ԍ(a) Publications filed electronically must be addressed to "Secretary, Federal Communications Commission, Washington, DC 20554." The official filing date of a publication received by the Electronic Tariff Filing System will be determined by the date and time the transmission ends. If the transmission ends after the close of a business day, as that term is defined in Section 1.4(e)(2) of this Chapter, the filing will be date and time stamped as of the opening of the next business day. (b) In addition, except for issuing carriers filing fees electronically, for all tariff publications requiring fees as set forth in Part 1, subpart G of this chapter, issuing carriers must submit the original of the transmittal letter, (without attachments), FCC Form 159, and the appropriate fee to the Mellon Bank, Pittsburgh, PA, at the address set forth in  1.1105 of this chapter. Issuing carriers submitting tariff fees electronically should submit a copy of the Form 159, and the original transmittal letter to the Secretary of the Commission in lieu of the Mellon Bank. The Form 159 should display the Electronic Audit Code in the box in the upper left hand corner marked "reserved". Issuing carriers should submit these fee materials on the same day as the transmission in paragraph (a) of this section. (c) Carriers that are required to file publications electronically may not file those publications on paper or other media unless specifically required to do so by the Commission. (d) Carriers that are required to file publications electronically need only transmit one set of files to the Commission. No other copies are required to be filed with the Commission.. (e) Carriers that are required to file publications electronically must continue to comply with the format requirements set forth in Part 61. (f) Parties permitted to file documents electronically in tariff proceedings may not, when filing electronically, file paper copies with the Commission otherwise required for nonelectronic filing.  S'  S' 61.15 Letters of Transmittal and Cover Letters (a) All tariff publications filed with the Commission electronically must be accompanied by a letter of transmittal. All letters of transmittal must: XX` ` (1) concisely explain the nature and purpose of the filing;(#` XX` ` (2) specify whether supporting information is required for the new tariff or tariff revision, and specify the Commission rule or rules governing the supporting information requirements for that filing;(#` XX` ` (3) contain a statement indicating the date and method of filing of the original of the transmittal as required by  61.14(b).(#` (b) Carriers filing tariffs electronically pursuant to the notice requirements of Section 204(a)(3) of the Communications Act shall display prominently, in the upper right hand corner of the letter of transmittal, a statement that the filing is made pursuant to that Section and whether the tariff is filed on 7 or 15 days' notice. (c) Any carrier filing a new or revised tariff made on 15 days' notice or less shall include in"&,N(N(ZZz%" the letter of transmittal the name, room number, street address, telephone number, and facsimile number of the individual designated by the filing carrier to receive personal or facsimile service of  S'petitions against the filing as required under  1.773(a)(4) of this chapter.  (d) The letter of transmittal must specifically reference by number any special permission necessary to implement the tariff publication. Special permission must be granted prior to the filing of  S'the tariff publication and may not be requested in the transmittal letter. (e) The letter of transmittal must be substantially in the format established in  61.33(g) and  61.33(h)(1).  SH ' (f) All submissions of documents other than a new tariff or revisions to an existing tariff, such as Base Documents or Tariff Review Plans, must be accompanied by a cover letter that concisely explains the nature and purpose of the filing. Publications submitted under this paragraph are not required to submit a filing fee.  S '  61.16 Base Documents " S0' xR"(a) The Base Document is a complete tariff which incorporates all effective revisions, as of the  !xlast day of the preceding month. The Base Document should be submitted with a cover letter as specified  S'in  61.15(f) of this Part and identified as the Monthly Updated Base Document.  S' x'  (b) Initially, carriers that currently have tariffs on file with the commission must file a Base Document within five business days of the initiation of mandatory electronic filing.   S' x_ (c) Subsequently, if there have been revisions that became effective up to and including the last  !day of the preceding month, a new Base Document must be submitted within the first five business days of the current month that will incorporate those revisions.  Sz'  61.17 Method of Filing Applications for Special Permission  x(a) An application for special permission filed electronically must be addressed to "Secretary,  !QFederal Communications Commission, Washington, DC 20554." The Electronic Tariff Filing System will  !accept filings 24 hours a day, seven days a week. The official filing date of a publication received by the  !Electronic Tariff Filing System will be determined by the date and time the transmission ends. If the  !3transmission ends after the close of a business day, as that term is defined in Section 1.4(e)(2) of this Chapter, the filing will be date and time stamped as of the opening of the next business day.  x(b) In addition, except for issuing carriers filing fees electronically, for special permission  !applications requiring fees as set forth in Part 1, subpart G of this chapter, issuing carriers must submit  !the original of the application letter (without attachments), FCC Form 159, and the appropriate fee to the  !Mellon Bank, Pittsburgh, PA, at the address set forth in  1.1105 of this chapter. Issuing carriers  !@submitting filing fees electronically should submit a copy of the Form 159 and the original application  !@letter to the Secretary of the Commission in lieu of the Mellon Bank. The Form 159 should display the  !*Electronic Audit Code in the box in the upper left hand corner marked "reserved". Issuing carriers should submit these fee materials on the same day as the transmission in paragraph (a) of this section. "&,N(N(ZZz%"Ԍ x(c) In addition, the requirements of  61.153(c) are applicable, except the additional copy addressed to the Chief, Tariff and Pricing Analysis Branch is #&J\  P6QgE&P#not required.  S'7. Section 61.52 (c) is amended to read as follows:  !Incumbent local exchange carriers shall file all tariff publications and associated documents, such as  !ytransmittal letters, requests for special permission, and supporting information, electronically in accordance with the requirements set forth in  61.13 through  61.17.  S0'   S' c  X@4#XP\  P6QVXP#