performed or participated in at the time of filing. Each telegraph carrier which hereafter begins the performance of or the participation in any new service, or extends or discontinues any existing service, shall, within 30 days thereafter, file with the Commission a statement, in duplicate, verified under oath (or affirmed according to law), giving a description and full particulars of any new service begun or of any existing service extended or discontinued, provided that it has not already done so in connection with the filing of tariffs. Examples of services which may be covered by this section are: communication service wholly within a foreign the leasing of wires to other communicountry, or between foreign countries; cation carriers; errand service by messenger boys; time service; burglar alarm service, pickup and delivery for other carriers; leasing of other than telegraph plant; sale, installation, maintenance, and inspection of equipment; accounting, legal, and engineering services; merchandising, jobbing, and contracting services; frequency measuring service; and stock quotation board service.*† Subchapter C-Regulations Applicable to Communications Companies PART 61-TARIFFS § 61.84 Schedules filed in first instant pursuant to sec. 203 (a) of Communications Act. Carriers which have not previously established any charges or regulations may establish charges and regulations for wire service in the first instance upon not less than 1 day's notice to the Commission and the public. (Sec. 203 (a), 48 Stat. 1070; 47 U.S.C. 203 (a)) [As amended, March 20, 1939, effective April 20, 1939; 4 FR. 1318] § 61.85 Schedules for new points of communication. (1) Charges and regulations applicable at, from, to, or via points on new lines for which the Commission has issued a certificate of public convenience and necessity may be established on not less than 1 day's notice; Provided, That no charges or regulations so applicable have previously been filled and that every schedule containing such charges and regulations shall bear a notation showing the date and number of the certificate. regulations SO applicable have previously been filed and that every schedule containing such charges and regulations shall bear a notation showing the date and number of the license. (4) Charges and regulations applicable at, from, to, or via new points of communication by radiotelephone or radiotelegraph stations, for which new points the Commission has issued a license or modification of license, may be established on not less than 1 day's notice: Provided, That no charges or regulations so applicable have previously been filed and that schedules containing such charges and regulations shall bear a notation showing the date and number of the license or modification of license: And provided further, That this section shall not apply to new points of communication which are not named either generally or specifically in the license or modification of license. (Sec. 203 (a), 48 Stat. 1070; 47 U.S.C. 203 (a) [As amended March 20, 1939, effective April 20, 1939; 4 F.R. 1318] § 61.88 Notation of authority under which issued. Every tariff or supplement filed under authority of § 61.84, § 61.85, § 61.86, or § 61.87 shall bear a notation that it is issued (Sec. 203 under authority of such section. (a), 48 Stat. 1070; 47 U.S.C. 203 (a)) [As amended, March 20, 1939, effective April 20, 1939; 4 F.R. 1319] (2) Charges and regulations applicable at, from, to, or via new radiotelephone or radiotelegraph stations for which the Commission has issued a construction permit may be established on not less than 1 day's notice; Provided, That no charges or regulations so applicable have previously been filed and that every schedule containing such charges and regulations shall bear a notation showing the date of the notification to the Commission when the public service tests will begin, if public service is to be rendered prior to issuance of a license, or a notation showing the date and number of the license, if public Sec. service is not to be rendered until after issuance of a license. [NOTE: Preceding sections, and other sections in Part 61, superseded by new regulations in Part 61 immediately following] 61.1 APPLICATION Application; effective date. DEFINITIONS Act. Charges. Commission. Concurring carrier. Connecting carrier. *For statutory and source citations, see note to § 43.1. Page 2909 Application. 61.32 Publications to be sent to Secretary, 61.151 Application for permission; who may FCC. make. 61.152 Factors considered; terms of permission. 61.153 Form and contents of application. ADOPTION OF TARIFFS AND OTHER DOCUMENTS OF PREDECESSOR CARRIERS 61.171 Adoption notice. 61.172 Adoption supplements. 61.173 Adoption supplements to contain no other matter. 61.174 Changes to be incorporated in tariffs of successor carrier. Composition of supplements. 61.58 Notice requirements. Cancellations. 61.59 Tariffs and supplements must become effective; exceptions. 61.191 61.60 61.192 Tariffs filed in first instance by wire carriers. 61.61 Charges and regulations for service on new lines. 61.62 Charges and regulations for service via new radio stations. 61.63 Charges and regulations for service via new points by radio. 61.64 Charges and regulations for ticker 61.65 Charges attributable to foreign car service. rier or administration. 61.66 New or discontinued telephone and TWX service points; mileages. 61.67 Authority for less than statutory notice to be shown. Rejections. 61.68 61.69 Special notations. 61.70 Reissued matter. 61.71 Posting. SUSPENSIONS Carrier to file supplement when notifiled of suspension. Contents of supplement announcing suspension. 61.193 Vacation of suspension order; supplements announcing same, etc. APPLICATION Every tariff, supplement, revised page, § 61.1 Application; effective date. additional page, instrument of concurtice and any other schedule of charges rence, notice of revocation, adoption noor regulations, which is filed with the Commission on and after the first day of September, 1939, pursuant to section 203 of the Communications Act of 1934, as amended, shall conform to the rules in this part.*† §§ 61.1 to 61.193, inclusive, issued under the authority contained in sec. 203 (a), 48 Stat. 1070; 47 U.S.C. 203 (a). The source of §§ 61.1 to 61.193, inclusive, is Rules governing the construction, filing and posting of schedules of charges for interFederal Communications Commission, May state and foreign communication service, 31, 1939, effective Sept. 1, 1939; 4 F.R. 2287. DEFINITIONS § 61.11 Act. The term "Act," whenever used herein, means the Communications Act of 1934, (48 Stat. 1064; 47 U.S.C. Chapter 5) as amended.*† § 61.12 Charges. The term "charges," whenever used herein, shall be construed to include rates.*† § 61.13 Commission. The term "Com- | mittal, 81⁄2 by 11 inches in size, in form mission," whenever used herein, means substantially as follows: the Federal Communications Commission.*† § 61.14 Concurring carrier. The term "concurring carrier," whenever used herein, means a carrier (other than a connecting carrier) subject to the Act which concurs in and assents to schedules of charges and regulations filed on its behalf by an issuing carrier or carriers.*† § 61.15 Connecting carrier. The term "connecting carrier," whenever used herein, means a carrier described in clause (2) of section 2 (b) of the Act.* $61.16 Issuing carrier. The term "issuing carrier," whenever used herein, means a carrier subject to the Act which publishes and files a tariff or tariffs with the Commission.*† (Exact name of carrier in full) TARIFF DEPARTMENT, § 61.17 Posted. The term "posted," etc. whenever used herein, means kept in a convenient place accessible to the public for public inspection.*† § 61.18 Regulations. The term "regulations," whenever used herein, shall be construed to include rules, practices and classifications.*† effective - --) 19_-.) (Name of issuing officer) (Title) A separate letter of transmittal may accompany each publication, or the foregoing form may be modified to provide for filing with one letter as many publications as can be conveniently entered. § 61.19 Submarine cable. The term "submarine cable," whenever used herein, tion is desired, the letter of transmittal must NOTE: If receipt for accompanying publicameans deep sea cable used in trans-be sent in duplicate. One copy showing the oceanic communications.*† § 61.20 Tariff publication. The term "tariff publication," or "publication," whenever used herein, means a tariff, supplement, revised page, additional page, instrument of concurrence, notice of revocation, adoption notice, or any other schedule of charges or regulations.*+ IN GENERAL § 61.31 Application. The rules contained in §§ 61.31-61.37 shall apply to all tariff publications.*† § 61.32 Publications to be sent to Secretary, FCC. Publications sent for filing shall be addressed to "Secretary, Federal Communications Commission, Washington, D. C."*† date of receipt by the Commission will then be returned to the sender. § 61.34 Two copies to be furnished. Carriers shall transmit to the Commis sion two copies of each publication, and under one letter of transmittal.*† both copies to be included in one package § 61.35 Delivered free of charges. No tariff publication will be received by the Commission unless it is delivered free from all charges, including claims for postage.*† § 61.36 Not returned unless rejected for cause. Tariff publications which have been tendered to the Commission for filing or which have been received by the Commission in the ordinary course of business will not be returned to carriers, unless rejected for cause.*† § 61.33 Letters of transmittal. All publications filed with the Commission § 61.37 Erasures and alterations; shall be accompanied by a letter of trans-margins. Erasures or alterations in writ ing shall not be made in any tariff pub- | cancelled thereby. If the cancelled islication filed with the Commission or in those posted for public convenience, and a sufficient margin without any printing thereon shall be allowed at the binding edge of every tariff and supplement so that, when the book or binder containing the tariff or supplement is open, all printed matter on each page will be clearly in view and legible, but the margin shall in no event be less than fiveeighths of an inch in width.*† RULES, TARIFFS AND SUPPLEMENTS § 61.51 Application. In addition to the rules contained in §§ 61.31-61.37, the rules contained in §§ 61.51-61.71 shall apply to all tariffs and supplements.* † § 61.52 Form, size, type, legibility, etc. All tariffs and supplements shall be in book, pamphlet, or loose-leaf form of size 82 by 11 inches, and shall be plainly printed on hard calendered, No. 1 machine-finished book or 20-pound bond paper of durable quality. Type of size not less than 6-point shall be used, except as provided in § 61.54 (a). Stereotype, planograph, mimeograph, or other process equally durable may be used, provided that the copies posted and filed are clear and legible in all respects. Reproductions by hectograph, typewriter or similar process shall not be used.** § 61.53 Consecutive numbering. Each carrier shall, so far as practicable, file tariffs under consecutive FCC numbers. If for any cause this cannot be done, the tariff which is filed bearing an FCC number that is not consecutive with the last number filed shall be accompanied by a memorandum containing an explanation of the missing number or numbers. Supplements to a tariff shall be numbered consecutively.*† § 61.54 Title page, contents and arrangements. The title page of every tariff and supplement shall show in the order named: sues are so numerous as to render it impracticable thus to enter the numbers thereof on the title page, the numbers thereof shall be shown immediately following the table of contents and specific reference to that fact shall be entered on the title page directly under the FCC number. Each supplement shall specify on its title page the supplement or supplements which it amends. (b) Name of carrier, class of service, geographical application, means of transmission. The exact name of the carrier, including a receiver or receivers, if any, issuing the tariff or supplement; a brief statement showing each class of service provided therein; the geographical application of the tariff or supplement; and whether such service is carried on by wire or submarine cable telegraph, wire or submarine cable telephone, radiotelegraph or radiotelephone. dates. Date of issue in lower left-hand (c) Issue, effective and expiration corner, and date effective in lower righthand corner. When the entire tariff or supplement is to expire with a fixed date the expiration date shall be shown in connection with the effective date in the following manner: (date) unless sooner cancelled, changed "Expires with or extended." Every tariff or supplement which contains charges or regulations effective upon a date different from the general effective date of such tariff or supplement shall show on its title page the following notation: "Effective ------, 19_(except as otherwise provided herein)" or "(Except as otherwise provided on page ----)." (d) Special notations. A notation that the tariff or supplement is "Issued on not less than days' notice under authority of (here give specific reference to special permission, decision, order or rule)," provided authority to publish all of the charges and regulations contained in the tariff or supplement on less than 30 days' notice has been granted by the Commission. (a) FCC number, indication of cancellations. On upper right-hand corner, the designation of the tariff or supplement as "FCC No. ----," or "Supplement No. to FCC No. ----," in not less When an entire tariff or supplement is than 12-point bold face type, and im- issued in compliance with a decision or mediately thereunder the FCC number order, and regardless of whether it is or numbers of tariffs or supplements made effective on statutory notice or on less than statutory notice under special following symbols shall be used in tariffs authority granted in the decision or for the purposes indicated below and order, such tariff or supplement shall they shall not be used for any other bear on its title page the notation "In purposes: compliance with decision (or order) of Federal Communications Commission in Docket No. (Whenever possible, the volume and page number of the report of the Federal Communications Commission should be cited)." (e) Name, title and address of issuing officer. The name, title and street address of the officer issuing the tariff or supplement.*† § 61.55 Composition of tariffs. Tariffs shall contain, in the order named, the following: (a) Table of contents. A full and complete statement showing the exact location and specifying the page or section and page numbers, where information by subjects under general headings in alphabetical order, will be found. If a tariff contains so small a volume of matter that its title page or its interior arrangement plainly discloses its contents, the table of contents may be omitted. (b) List of concurring carriers. The exact name or names of the concurring carriers, alphabetically arranged, concurring in the tariff. See § 61.131. If the carriers so concurring are numerous, the names thereof may be stated in alphabetical order in a separate tariff filled with the Commission, provided that specific reference to such separate tariff by FCC number is made in the tariff at the place where such names would otherwise appear. If R to signify reduction. C to signify changed regulation. S to signify reissued matter. (e) Clear and explicit explanatory statements. Such explanatory statements in clear and explicit terms regarding the rates and regulations contained in the tariff as may be necessary to remove all doubt as to their proper application. (f) General rules, regulations, exceptions and conditions. A clear and definite statement of the general rules, regulations, exceptions, and conditions which govern the tariff; the title or subject of each rule, regulation, exception, or condition to be shown in distinctive type. Under this head, all general rules, regulations, exceptions, or conditions which in any way affect the charges named in the tariff shall be entered. A special rule, regulation, exception or condition affecting a particular item or charge shall be specifically referred to in connection with such item or charge. Charges or regulations shown in separate tariff publications issued under FCC numbers may be made a part of a (c) List of connecting carriers. The tariff by specific reference to such publiexact name or names, alphabetically ar- cations by FCC number, together with ranged, of the connecting carriers, for the name of the issuing carrier. Such which charges or regulations are pub-reference shall be in substantially the lished in the tariff. See § 61.131. such connecting carriers are numerous, the names thereof may be stated in alphabetical order in a separate tariff filed with the Commission, provided that specific reference to such separate tariff by FCC number is made in the tariff at the place where such names would otherwise appear. following form: "Subject to charges (and regulations) contained in (name of carrier) Tariff FCC No. -- (and amendments thereto) (and successive issues thereof), except as otherwise provided herein." A tariff publication so referred to shall be on file with the Commission and in effect. (g) Charges. An explicit statement of (d) Symbols, reference marks, abbre- the charges in cents or in dollars and viations. Explanation of symbols, ref- cents of United States currency, per erence marks, and abbreviations of chargeable unit of service for all comtechnical terms used in tariffs. The munication services, together with a list |