6. Timelines for Rate Reductions

In order to comply with the timeline to reduce intrastate access rates consistent with the FCC Order, we find it is reasonable to require LECs to file Tier 1 or Information Only Advice Letters within seven days of the effective date of this decision. We require ILECs to attach the appropriate FCC TRP worksheets. CLECs must attach the supporting data in Appendices A and B. All filers must attach the Supplemental Advice Letter Transmittal Form in Appendix C and indicate the appropriate filing information. We require the 7-day timeframe because the Tier 1 Advice Letters must be filed no later than June 28, 2012 and will be effective on July 3, 2012. While this is a slightly shorter period than contemplated in the ACR, we note that we have significantly modified and reduced the required data to be provided. We agree with AT&T that it is reasonable to provide a 45-day protest period for the advice letters because of the anticipated volume of advice letters that will be filed in compliance with this decision. AT&T also requests that we require a true-up of the intrastate access rates, to the extent necessary. Staff will review the compliance advice letters and has the authority to require true-ups, if appropriate. Although implied by allowing a 45-day protest period, we explicitly find that Staff has the usual 10-day period to review and dispose of the advice letters, if necessary, after the end of the protest period. In other words, Staff may dispose of the advice letters by the 55th day after the advice letters are filed.

AT&T recommends that the Commission deem the tariff switched access rates unjust, unreasonable, and not in effect for any carrier that does not submit the required Tier 1 or Informational Advice Letter.³¹ All ILECs and CLECs operating in the State of California must comply with the FCC Order and this decision, without exception. As stated above, the advice letters will be filed in compliance with this decision. If true-ups are required, this is a ministerial action that Staff is authorized to order. We see no reason to take further action at this time.

The new FCC rules require that once the intrastate rates are equal to their functionally equivalent interstate rates on July 1, 2013, the intrastate rates will be subject to the same rate structure and rate modification as found in interstate tariffs. As noted in the ACR, this congruence should eliminate any differences between a carrier's FCC and Commission-approved access service tariffs. Thereafter, carriers are required to file tariff changes in subsequent years consistent with the FCC Order, including any FCC modifications to the Order.

³¹ AT&T Comments to ACR at 4.