Utah Department of Administrative Services Division of Administrative Rules

Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since July 1, 2014, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R746. Public Service Commission, Administration.

Rule R746-351. Pricing Flexibility.

As in effect on July 1, 2014

Table of Contents

R746-351-1. Purpose and Authority.

This rule establishes a procedure by which the pricing flexibility granted to an incumbent telephone corporation under Section 54-8b-2.3(2)(b) becomes effective.

R746-351-2. Definitions.

A. "Competitive Local Exchange Carrier" (CLEC) means a provider of public telecommunications services certificated by the Commission pursuant to 54-8b-2.1, other than an ILEC.

B. "Incumbent Local Exchange Carrier" (ILEC) means an incumbent telephone corporation as defined under Section 54-8b-2(4).

C. "Substitute or Substitutable Service" means a service offered by a CLEC that is an economic alternative in terms of quality, quantity, and price to that provided by the ILEC.

R746-351-3. Grant of Pricing Flexibility.

A. Procedure -- The Commission shall grant pricing flexibility to an ILEC in an independent proceeding brought by the ILEC, or in the certification proceeding for a CLEC for the same or substitutable services offered by the ILEC in the same geographic area served by both the CLEC and the ILEC. In granting pricing flexibility to an ILEC, the Commission shall:

1. define the geographic area in which pricing flexibility can become available to the ILEC; and

2. list the public telecommunications services the ILEC is authorized to price flexibly.

B. Grant Effectiveness -- A grant of pricing flexibility by the Commission to an ILEC does not become effective except as provided in Section R746-351-4.

R746-351-4. Effectiveness of Pricing Flexibility.

A. ILEC Petition -- Pricing flexibility granted to an ILEC does not become effective until all of the conditions specified in Section 54-8b-2.3(2)(b)(iii) have been satisfied. The ILEC shall:

1. Identify:

a. the CLEC and the docket in which pricing flexibility was granted to the ILEC;

b. the defined geographic area identified by the Commission, pursuant to R746-351-3(A)(1), in which pricing flexibility is to become effective for the ILEC;

c. the public telecommunications services being provided by the CLEC in the defined geographic area; and

d. The specific ILEC services, from the list of the public telecommunications services identified by the Commission pursuant to R746-351-3(A)(2), to be priced flexibly by the ILEC in the defined geographic area that are the same or substitutable for the public telecommunications services provided by the CLEC in the defined geographic area; and

2. Certify that:

a. the CLEC has begun providing the identified public telecommunications services in the defined geographic area;

b. the ILEC has allowed the CLEC to interconnect with the essential facilities and to purchase the essential services of the ILEC in accordance with the terms of an agreement approved by the Commission; and

c. the ILEC is in compliance with the applicable rules and orders of the Commission adopted or issued under Section 54-8b-2.2; and

3. Include:

a. a proposed price list or competitive contract for the service or group of services to be pricing flexibility; and

b. evidence which demonstrates that the prices to be offered by the ILEC under the proposed price list or competitive contract are in compliance with Section 54-8b-3.3.

B. Notice -- The ILEC shall serve notice of the request on:

1. all parties in the original proceeding in which the ILEC was granted pricing flexibility; and

2. all other certificated providers of public telecommunications services in the defined geographic area.

3. The notice shall include information on the time periods for responses and Commission action as provided in R746-351-4(C).

C. Time Frame -- Within 15 days after service of the notice of the request under this rule, the Commission shall grant, deny or determine whether a hearing is necessary to consider the request. Interested persons shall file responses to the request within 10 days after service of the notice of request.

D. Ruling -- The Commission shall issue a ruling determining the ILEC's compliance with Section 54- 8b-2.3(2) and whether ILEC pricing flexibility is effective:

1. within 14 days after the Commission grants or denies a request, if there is no hearing on the request; or

2. if the Commission holds a hearing on the request, within 14 days after the conclusion of the hearing.

KEY

pricing flexibility*, public utilities, telecommunications

Date of Enactment or Last Substantive Amendment

September 2, 1997

Notice of Continuation

March 6, 2012

Authorizing, Implemented, or Interpreted Law

54-8b-2; 54-8b-2.2; 54-8b-2.3; 63G-4-207; 63G-4-503


Additional Information

Contact

For questions regarding the content or application of rules under Title R746, please contact the promulgating agency (Public Service Commission, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.