No. 29626: R746-349. Competitive Entry and Reporting Requirements

DAR File No.: 29626
Filed: 03/08/2007, 02:20
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 54-8b-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 provider to interconnect their networks and make their facilities available to one another. Sections 54-8b-16 and 17 require the Commission to resolve interconnection disputes and this rule identifies information 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 providers 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:

One comment was received from the Department of Public Utilities on 09/03/2002 to modify the language in Subsection R746-349-3(A)(2)to specify the bond also be available to reimburse liabilities of the telecommunications company to the Universal Public Telecommunications Service Support Fund, impaired hearing fund, or Utility Regulatory fee, and subject to commission approval, to cover any cost incurred by another telecommunications company as a result of a certificated company discontinuing local service. The Commission did not amend the rule to expand bond coverage beyond customer account projections as currently written. A rule amendment was made in August 2005 where Section R746-349-9 was added to the Rule based on statutory changes in Section 54-8b-3.3.

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 disputes in the areas addressed by the rule continue in force and necessitate continuation of the rule. 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]

Authorized by:

Sandy Mooy, Legal Counsel