No. 31619: R746-240. Telecommunication Service Rules

DAR File No.: 31619
Filed: 06/24/2008, 03:33
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:

Section 54-4-1 authorizes the Public Service Commission (PSC) to regulate every public utility in Utah and supervise the business of those public utilities necessary to accomplish that regulation and supervision. Section 54-4-7 requires that the PSC provide rules to ensure that utility service and equipment is just, safe, proper, and adequate. Subsection 54-4-18(10) states that, "the commission may promulgate rules: (a) necessary to implement this section; (b) consistent with any rules promulgated by the Federal Communications Commission; and (c) in a nondiscriminatory and competitively neutral manner." Subsection 54-4-37(23) states, "The commission is granted authority to: (a) enforce this section; and (b) implement rules to carry out the requirements of the section."

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 November 2003, the Division of Public Utilities (DUP) made the comment that the rule should be amended to provide specific guidelines as to what would be considered in commission approval of a customer statement. The recommendation by DUP was made that the rule be amended to include certain basic specifications that must be contained in each company's statement in order to be approved by the PSC. The comment was taken under consideration, but no rule amendment was made by the PSC in order to allow each utility to fashion their customer statements to each company's possible unique circumstances.

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

This rule remains necessary to provide guidelines for telecommunication service and resolution of customer complaints and 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 [e-mail]

Authorized by:

Sandy Mooy, Legal Counsel