No. 35916 (5-year Review): Rule R746-349. Competitive Entry and Reporting Requirements

DAR File No.: 35916
Filed: 03/06/2012 09:00:32 AM

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:

Section 54-8b-2.1 allows the Commission to issue certificates to multiple providers of telecommunications services. This rule identifies information that applicants should file in order to establish their qualifications for a certificate. The Federal Telecommunications Act of 1996 and Section 54-8b-2.2 require telecommunications providers to interconnect their networks and make their facilities available to one another. Sections 54-8b-16 and 54-8b-17 require the Commission to resolve interconnection disputes and this rule identifies information that service providers should file in order for the commission to resolve service and interconnection disputes. Section 54-8b-2.3 deals with pricing flexibility and maintenance of that authority. This rule addresses the information and processes used by the commission relative to service provider's pricing flexibility.

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 January 2008, Level 3 Communications filed a petition for changes to Section R746-349-6. The desired changes would exempt local exchange carriers (LECs) from certain Utah statutes and administrative rules pertaining to merger and acquisition transactions involving LECs operating in Utah under certificates issued by this commission. Following reviews by the commission and the Division of Public Utilities, Section R746-349-7 was submitted for publication and public comment on 06/26/2008. In general, this new rule outlined a streamlined process for informal adjudication of qualifying LEC merger and acquisition transactions. Level 3 Communications submitted comments supporting the new rule. No other comments were submitted. The new section became effective on 08/25/2008.

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

Statutory provisions requiring commission regulation and resolution of disputes in the areas addressed by the rule continue in force and necessitate continuation of the rule. The only comments on the rule are those of Level 3 Communication discussed above. There have been no comments in opposition to the rule.

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 [e-mail]
• David Clark at the above address, by phone at 801-530-6708, by FAX at 801-530-6796, or by Internet E-mail at [e-mail]

Authorized by:

David Clark, Legal Counsel

Effective:

03/06/2012

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