No. 27857 (Amendment): R746-349. Competitive Entry and Reporting Requirements

DAR File No.: 27857
Filed: 05/02/2005, 04:26
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

To accommodate changes arising from statutory changes made by the Utah Legislature (S.B. 108 (2005)) and reflect current practices of the Commission. (DAR NOTE: S.B. 108 is found at UT L 2005 Ch 5, and was effective 05/02/2005.)

 

Summary of the rule or change:

This change will provide for the electronic filing of price lists, eliminate the price floor reference to the previous Subsection 54-8b-3.3(3) (which has been repealed) and include incumbent telecommunications corporations with pricing flexibility pursuant to Section 54-8b-2.3 in previous reporting exemptions available to competitive Local Exchange Companies (LECs).

 

State statutory or constitutional authorization for this rule:

Sections 54-4-1, 54-8b-2.3, and 54-8b-3.3

 

Anticipated cost or savings to:

the state budget:

None--Because there is no substantive change to state agency activities.

 

local governments:

None--Because there is no substantive change to local government activities.

 

other persons:

Some savings will arise, but they effectively originate from statutory changes, not from the rule change per se. The Commission does not have access to information from which an estimate can be made and the affected company does not report or provide data from which such an estimate could be made. While the rule amendment does exempt affected companies (it is believed that one company in the State of Utah will be affected) with possible savings impact, compliance with statutory changes will result in some offsetting costs.

 

Compliance costs for affected persons:

As the rule change provides for certain reporting exemptions for affected companies, the rule change itself will result in cost reductions. While the rule amendment does exempt affected companies (it is believed that one company in the State of Utah will be affected) with possible savings impact, compliance with statutory changes will result in some offsetting costs.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

Cost reductions should occur as the affected company will make fewer filings with the Commission because statutory changes eliminate some prior filings addressed in the current rule. The rule change tracks this statutory repeal and clarifies which companies will be affected by the rule provisions which remain in place. Ric Campbell, Chairman

 

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:

Barbara Stroud at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2005

 

This rule may become effective on:

06/15/2005

 

Authorized by:

Barbara Stroud, Paralegal

 

 

RULE TEXT

R746. Public Service Commission, Administration.

R746-349. Competitive Entry and Reporting Requirements.

R746-349-4. Reporting Requirements.

A. When a telecommunications corporation files a request for negotiation with another telecommunications corporation for interconnection, unbundling or resale, the requesting telecommunications corporation shall file a copy of the request with the Commission.

B. Each certificated telecommunications corporation shall file an updated chart of accounts by March 31, of each year.

C. Each certificated telecommunications corporation with facilities located in Utah shall maintain network route maps that include all areas where the corporation is providing or offering to provide service in Utah. These maps will, at a minimum, include central office locations, types of switches, hub locations, ring configurations, and facility routes, accompanied by detailed written explanations. These route maps will be provided to the Division or the Commission upon request.

D. Each certificated telecommunications corporation shall file a map with the Division that identifies the areas within the state where the corporation is offering service. The map should separately identify areas being served primarily through resale and by facilities owned by the carrier. This map shall be updated within 10 days after changes to the service territory occur. The map shall be made available for public inspection.

E. At least five days before offering any telecommunications service through pricing flexibility, a telecommunications corporation shall file with the Commission a price list or the prices, terms, and conditions of a competitive contract. Each filing may be made electronically and shall:

1. describe the public telecommunications services being offered;

2. set forth the terms and conditions upon which the public telecommunications service is being offered;

3. list the prices to be charged for the telecommunications service or the basis on which the service will be priced; and

4. be made available to the public through the Division.

F. The certificated CLEC shall file an annual report with the Division on or before March 31 for the preceding year, unless the CLEC requests and obtains an extension from the Commission. The annual report shall contain the following information, unless specific forms are provided by the Division:

1. annual revenues from operations attributable to Utah by major service categories. That information would be provided on a "Total Utah" and "Utah Intrastate" basis. "Total Utah" will consist of the total of interstate and intrastate revenues. "Utah Intrastate" will reflect only revenues derived from intrastate tariffs, price lists, or contracts. Both Total Utah and Utah Intrastate revenues shall be reported according to at least the following classes of service:

a. private line and special access,

b. business local exchange,

c. residential local exchange,

d. measured interexchange,

e. vertical services,

f. business local exchange, residential local exchange and vertical service revenue will be reported by geographic area, to the extent feasible;

2. annual expenses and estimated taxes attributed to operations in Utah;

3. year-end balances by account for property, plant, equipment, annual depreciation, and accumulated depreciation for telecommunications investment in Utah. The actual depreciation rates which were applied in developing the annual and accumulated depreciation figures shall also be shown;

4. financial statements prepared in accordance with GAAP. These financial statements shall, at a minimum, include an income statement, balance sheet and statement of cash flows and include a letter from management attesting to their accuracy, integrity and objectivity and that the statements follow GAAP;

5. list of services offered to customers and the geographic areas in which those services are offered. This list shall be current and shall be updated whenever a new service is offered or a new area is served;

6. number of access lines in service by geographic area, segregated between business and residential customers;

7. number of messages and minutes of services for measured services billed to end users;

8. list of officers and responsible contact personnel updated annually;

9. a report of gross revenue on a form supplied by the Division. This report shall be used in calculating the Public Utility Regulation Fee owed by the CLEC.

G. The annual report and the report of gross revenue filed by a CLEC shall be considered protected documents under the Government Records Access Management Act. The CLEC shall prominently mark in red each report with the word "Confidential."

 

R746-349-6. [Price Floor.

A. Incumbent local exchange carriers shall be prepared to demonstrate to the Commission compliance with 54-8b-3.3(3) for any telecommunications service or offering under the following conditions:

1. the incumbent local exchange carrier introduces a new service either by tariff or price list;

2. the incumbent local exchange carrier files tariffs or a price list that reduces rates;

3. upon petition by any person; or

4. if requested by the Commission or the Division.

B. Each incumbent local exchange carrier shall file a detailed description of the methods used to comply with 54-8b-3.3(3).

 

R746-349-7. ]CLEC and ILEC Subject to Pricing Flexibility Exemptions.

A. Unless otherwise ordered by the Commission either in the CLEC's or ILEC's certificate proceeding or in a proceeding instituted by the Commission or other party, a CLEC or ILEC subject to pricing flexibility pursuant to 54-8b-2.3 is exempt from the following statues and rules. All other rules of the Commission and all other duties of public utilities not specifically exempted by these rules apply to a [new entrant]CLEC or ILEC subject to pricing flexibility pursuant to 54-8b-2.3. All powers of the Commission not specifically altered by these rules apply to a CLEC or ILEC subject to pricing flexibility pursuant to 54-8b-2.3.

1. Exemptions from Title 54:

54-3-8, 54-3-19 -- Prohibitions of discrimination

54-7-12 -- Rate increases or decreases

54-4-21 -- Establishment of property values

54-4-24 -- Depreciation rates

54-4-26 -- Approval of expenditures

2. Exemptions from Commission rules:

R746-340-2 (D) -- Uniform System of Accounts (47 CFR 32)

R746-340-2 (E) (1) -- Tariff filings required

R746-340-2 (E) (2) -- Exchange Maps

R746-34l -- Lifeline (CLEC with ETC status)

R746-344 -- Rate case filing requirements

R746-401 -- Reporting of construction, acquisition and disposition of assets

R746-405 -- Tariff formats

R746-600 -- Accounting for post-retirement benefits

3. The CLEC will be exempted from the Lifeline rule, R746-341, only until the Commission establishes Lifeline rules that may include the CLEC or until the CLEC begins to provide residential local exchange service. The ILEC will not be exempted from the R746-341. Lifeline Rule.

 

KEY: essential facilities, imputation, public utilities, telecommunications

[December 17, 1997]2005

Notice of Continuation March 13, 2002

54-7-25 through 28

54-8b-2

54-8b-3.3

63-46b