DAR File No. 29428

Public Service Commission, Administration

R746-348

Interconnection

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 29428
Filed: 01/22/2007, 12:15
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The Commission may require any telecommunications corporation to interconnect its essential facilities with another telecommunications corporation that provides public telecommunications services in the same, adjacent, or overlapping services territory. These statues (Sections 54-8B-2, 54-8B-2.2, and 54-4-12) require a commission rule for interconnection and that the commission set rules governing interconnection standards between companies.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

In 2003, Public Service Commission proposed a change to Section R746-348-7, to include "conduit, ducts, innnerducts, rights of way, dirk fiber" to the definition of intra-premises cabling and inside wiring owned or controlled by a telecommunications corporation as essential facilities in specified circumstances. Comments on the proposed change were received from numerous building property owners or their representatives, all of whom commented in opposition to the proposed amendment. They claimed expansion of the essential facilities definition as proposed could result in other telecommunications companies gaining access to private property (whose control had been given to an individual telecommunications company) over the objections of the property's owners or developers. The commission decided not to make the proposed change. No other comments on the rule have been received during the last five year review.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Statutes requiring this rule and the need to regulate still remain in effect. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov

Authorized by:

Sandy Mooy, Legal Counsel