| (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 ILEC 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 ILEC 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 ILEC 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 ILEC 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 ILEC 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 ILEC's provisioning
of the service to the ILEC's customers;
(xiv) for package offerings that combine regulated
products or services with unregulated products or services and/or
with the products or services of an ILEC's affiliate, an affidavit
indicating that the price of the package recovers the cost to the
ILEC 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 ILEC 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 ILEC 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 ILEC, 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 ILEC;
(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 ILEC 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 ILEC 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
(ii) discontinue the service.
(D) The commission shall dismiss a complaint filed
prior to the filing of an informational notice on the grounds that
the commission lacks jurisdiction to hear the complaint.
(E) The commission shall consider any complaint alleging
that the pricing of a regulated service does not meet the pricing
standards of PURA and commission substantive rules, which is filed
31 or more days after the implementation date of the tariff, to be
untimely.
(F) All complaints shall be docketed and governed by
the commission's procedural rules and shall be filed and reviewed
pursuant to the following requirements:
(i) Complaints shall be captioned: COMPLAINT BY {NAME
OF COMPLAINANT} REGARDING TARIFF CONTROL NUMBER(S) {NUMBER(S)} {STYLE
OF TARIFF CONTROL NUMBER}.
(ii) Processing. The commission shall assign each complaint
filed with respect to an informational notice a unique control number.
The presiding officer shall cause a copy of each complaint, bearing
the assigned control number, to be filed in the relevant tariff control
number(s) for the related informational notice(s).
(G) The commission staff shall have standing in all
proceedings related to informational notice filings before the commission
and may intervene by filing a notice of intervention at any time prior
to determination on the merits. No motion is necessary for such intervention.
Cont'd... |
