| (N) for any type of pricing flexibility other than
detariffing, include proposed tariffs and identify any tariff language
that restricts the resale, sharing, or joint use of the service identified
in accordance with subparagraph (C) of this paragraph and any component
of the service and demonstrate why such restrictive tariff language
is consistent with the policy established in the Public Utility Regulatory
Act §52.001; and
(O) include any other information that the ILEC wants
considered in connection with the review of its application.
(4) Tier 1 LECs. The commission will allow an incumbent
LEC that is not a Tier 1 LEC as of September 1, 1995, at that company's
option, to adopt the cost studies approved by the commission for a
Tier 1 LEC.
(5) Notice filing. An ILEC may, in accordance with §26.227
of this title (relating to Procedures Applicable to Nonbasic Services
and Pricing Flexibility for Basic and Nonbasic Services for Chapter
58 Electing Companies.), submit an informational notice filing to
introduce a service or exercise pricing flexibility to which this
section applies. An informational notice filing must also comply with §26.228
of this title (relating to Requirements Applicable to Pricing Flexibility
for Chapter 58 Electing Companies) or §26.229 of this title (relating
to Requirements Applicable to Chapter 52 Companies) as applicable.
(6) Review of competition outside exchange. For ILECs
with less than 31,000 access lines, the presiding officer will not
be limited under paragraph (7)(D)(i) - (x) of this subsection to considering
only competition within each exchange where the ILEC will provide
the service. In accordance with paragraph (3)(O) of this subsection,
an ILEC with less than 31,000 access lines may provide information
that addresses the criteria of paragraph (3)(G) - (I) of this subsection
with respect to products or services available outside each exchange
designated in paragraph (3)(E) of this subsection.
(7) Application requirements. An application for pricing
flexibility will be approved if, after commission review the commission
determines that:
(A) no service for which pricing flexibility is sought
is basic local telecommunications service, including local measured
service;
(B) no service for which the ILEC requests detariffing
of rates is message telecommunications service, switched access service,
or wide area telecommunications service;
(C) no service for which pricing flexibility is sought
includes a component that is not subject to significant competitive
challenge;
(D) the grant of pricing flexibility for the service
identified in accordance with paragraph (3)(C) of this subsection
within each designated in accordance with paragraph (3)(E) of this
subsection is appropriate to allow the ILEC to respond to a significant
competitive challenge, based upon consideration of the following:
(i) the number and size of telecommunications utilities
or other persons providing the same, equivalent, or substitutable
service within each exchange designated in accordance with paragraph
(3)(E) of this subsection;
(ii) the extent to which the same, equivalent, or substitutable
service is available within each exchange designated in accordance
with paragraph (3)(E) of this subsection;
(iii) the ability of customers to obtain the same,
equivalent, or substitutable services at comparable rates, terms,
and conditions within each exchange designated in accordance with
paragraph (3)(E) of this subsection;
(iv) the ability of telecommunications utilities or
other persons to make the same, equivalent, or substitutable service
readily available at comparable rates, terms, and conditions within
each exchange designated in accordance with paragraph (3)(E) of this
subsection;
(v) the existence of any significant barrier to the
entry or exit of a provider of the same, equivalent or substitutable
services within each designated in accordance with paragraph (3)(E)
of this subsection;
(vi) whether there are mechanisms to minimize potential
anti-competitive practices, to the extent that any such practice has
been identified in the record;
(vii) whether there are mechanisms to prevent the subsidization
of the service with revenues from regulated monopoly services;
(viii) whether the ability of the ILEC to flexibly
price the service within each designated exchange would have any significant
impact on universal service;
(ix) whether the type of pricing flexibility requested
is appropriate in light of the level and nature of competition within
each exchange where the ILEC will provide the service; and
(x) any other relevant information contained in the
record;
(E) the rates, if the type of pricing flexibility granted
is either banded rates or some other type of pricing flexibility in
accordance with paragraph (1)(C) of this subsection that involves
rate-setting, are just and reasonable and:
(i) yield revenues that are equal to or greater than
105% of the long run incremental cost of the service in the geographic
market in which the service will be provided;
(ii) are not unreasonably preferential, prejudicial
or discriminatory;
(iii) are such that the service will not be subsidized
directly or indirectly by regulated monopoly services; and
(iv) are not predatory or anticompetitive.
(8) Alternative relief. Nothing in this subsection
prevents the presiding officer from approving relief other than that
requested in the application.
(d) Customer-specific contracts. An ILEC may enter
into customer-specific contracts for:
(1) central office based PBX-type services for systems
of 200 stations or more, as those services compete with customer premises
equipment provided by PBX vendors;
(2) billing and collection services;
(3) high-speed private line services of 1.544 megabits
or greater;
(4) customized services that are unique because of
size or configuration, provided that such customized services do not
include basic local telecommunications service, including local measured
service, or message telecommunications services, switched access services,
or wide area telecommunications service; and
(5) any other service for which the commission has
authorized the ILEC to enter into customer- specific contracts in
accordance with this section.
(e) Subsequent review. The commission may modify, or
revoke, upon notice and hearing, the authorization of any type or
types of pricing flexibility granted in accordance with this section.
|
| Source Note: The provisions of this §26.211 adopted to be effective June 22, 1999, 24 TexReg 4553; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524 |
