(ii) The commission staff shall file any notice of
deficiencies (including deficiencies in LRIC studies submitted) for
incomplete filings not in compliance with this section or pleading
alleging that the service offering is inappropriately filed as an
informational notice filing within three working days after the date
of the filing of the informational notice.
(iii) Within two working days after the date of the
commission staff's filing, the applicant shall file an explanation
of the actions it has taken or intends to take in response to a notice
or pleading filed under clause (ii) of this subparagraph.
(B) Effective date. A service offering shall be effective
no earlier than ten days after the electing company files a complete
informational notice with the commission.
(C) Access to confidential information. Access to confidential
information filed with the commission as part of an informational
notice filing shall be available to commission staff and OPC, upon
execution of a commission approved protective agreement, at the time
the informational notice is filed.
(D) Format of filing. An informational notice under
this section must include the following elements:
(i) name of company;
(ii) PURA chapter under which company operates;
(iii) date of submission;
(iv) effective date;
(v) new and/or revised tariff pages, written in plain
language and conforming to the requirements of §26.207 of this
title (relating to Form and Filing of Tariffs);
(vi) proposed implementation date (if different from
effective date);
(vii) affidavit of notice to the Office of Public Utility
Counsel, certificate of operating authority holders, and parties to
interconnection agreements;
(viii) type of filing (new service; pricing flexibility;
packaging, or promotional offering; customer specific contract);
(ix) except for customer promotional offerings, relevant
LRIC study or LRIC study reference, and relevant support materials
(confidential/proprietary/protected materials provided to commission
only). When LRIC studies for which commission approval has not been
obtained are provided with an informational notice filing, an application
for approval of that LRIC study must be filed pursuant to the standards
in §26.214 of this title to establish a LRIC floor and shall
be filed before or simultaneously with the informational notice filing.
The electing company shall file a notice of intent to file LRIC studies
pursuant to §26.214 of this title no later than ten days before
the filing of the LRIC study;
(x) except for customer promotional offerings, relevant
LRIC study or LRIC study reference, and relevant supporting materials
(confidential/proprietary/protected materials provided to commission
only), if an electing company chooses to adopt LRIC studies of a larger
company pursuant to the requirements of subsection (c)(3) or (d)(4)
of this section, as applicable;
(xi) except for customer promotional offerings, relevant
tariff rates or specific tariff references, if the electing company
chooses to adopt rates of a larger company pursuant to requirements
of subsection (c)(4) or (d)(5) of this section, as applicable;
(xii) a response of "yes", "no", or "not applicable",
with explanatory language, to the following question: "Is the sum
of the TELRIC-based wholesale prices of components needed for provision
of the retail service at or below the retail price set forth in this
filing?" Except for customer promotional offerings, if the response
is "yes" or "no", the filing must identify the components needed for
the provision of the retail service, along with a list of relevant
wholesale and retail prices;
(xiii) a response of "yes" or "no" to the following
question: "Is the service available for resale by a competitor?" If
the answer is "no", does the proposed price meet the standards set
forth in §26.274(f) - (h) of this title (relating to Imputation)?
For purposes of this question, "available for resale" means:
(I) the service is not subject to tariffed resale restrictions;
and
(II) the electing company is not aware of any constraints
that would prevent a competitor from functionally provisioning the
service to the competitor's customers in parity with the electing
company's provisioning of the service to the electing company's customers;
providing the products or services. The cost to an electing company
of acquiring or providing the affiliate's products or services shall
be valued in a manner consistent with FCC requirements, to the extent
FCC requirements are applicable to the electing company, and with
subsection (d)(2)(F) of this section. For a joint marketing effort
that includes regulated products or services and the products or services
of an affiliate, an affidavit shall be provided by each affected affiliate
attesting that the affiliate's costs are recovered in a manner consistent
with subsection (d)(2)(F) of this section and FCC requirements, to
the extent FCC requirements are applicable to the electing company;
(xiv) for package offerings that combine regulated
products or services with unregulated products or services and/or
with the products or services of an electing company's affiliate,
an affidavit indicating that the price of the package recovers the
cost to the electing company of acquiring and providing the unregulated
products or services or the affiliate's products or services. The
affidavit shall also indicate that the cost to the electing company
of acquiring and providing an affiliate's products or services is
greater than or equal to the cost to the affiliate of acquiring and/or
providing the products or services. The cost to an electing company
of acquiring or providing the affiliate's products or services shall
be valued in a manner consistent with FCC requirements, to the extent
FCC requirements are applicable to the electing company, and with
subsection (d)(2)(F) of this section. For a joint marketing effort
that includes regulated products or services and the products or services
of an affiliate, an affidavit shall be provided by each affected affiliate
attesting that the affiliate's costs are recovered in a manner consistent
with subsection (d)(2)(F) of this section and FCC requirements, to
the extent FCC requirements are applicable to the electing company;
(xv) description of the offering's terms and conditions,
including location of service or a statement that it is to be provided
state-wide; and
(xvi) a privacy concerns statement.
(E) For customer promotional offerings:
(i) Affidavit that a promotion for this service has
not exceeded 90 days for the previous 12-month period.
(ii) Promotional tariff or letter identifying the promotional
service and whether it is for a waiver of installation or service
order charges, or both (90 days) or a discount of 25% or less (60
days).
(3) Disputes as to sufficiency or appropriateness of
informational notice filing.
(A) If the electing company advises the commission
by written filing that a dispute exists with respect to a notice of
deficiency or the inappropriateness of an informational notice, and
requests the assignment of an administrative law judge to resolve
the dispute, the commission will consider the dispute to be a contested
case.
(B) A contested case will also exist if the commission
files a complaint addressing sufficiency or appropriateness of an
informational notice filing.
(C) Parties other than the commission staff may not
challenge the sufficiency of an informational notice filing.
(4) Complaints regarding service offerings introduced
by informational notice filings.
(A) Subject to subparagraph (E) of this paragraph,
an affected person, the OPC, or the commission may file a complaint
at the commission on or after the date the informational notice has
been filed. The filing of a complaint will initiate a contested case.
(B) A complaint addressing an informational notice
involving pricing flexibility, including customer promotions, may
challenge whether the filing is in compliance with PURA and the commission
substantive rules.
(C) A complaint addressing an informational notice
involving a new service may challenge whether the tariff is in compliance
with the pricing standards of PURA and commission substantive rules.
If the complaint is finally resolved in a final order issued by the
commission in favor of the complainant, the electing company shall
either:
(i) not later than the tenth day after the date the
complaint is finally resolved, amend the price of the service as necessary
to comply with the final resolution; or
Cont'd... |