Summary


Existing provisions are reorganized and clarified. Specifically, lengthy subsections of text are broken apart and each substantive provision numbered according to the statutory numbering scheme. In addition, the new rule makes some substantive changes to existing provisions and introduces new regulations as follows: 1) definitions and regulations that are set forth in statute are eliminated from the rules; 2) defined terms that are not used again in the body of the rule are deleted from the definition section; 3) requests for agency action that are defined to include informal proceedings: a) an unopposed petition for a certificate of public convenience and necessity; b) an unopposed request for acknowledgment or approval of a telecommunications utility's name change; and c) an unopposed request for acknowledgment or approval of a merger, acquisition, or similar organizational restructuring that does not alter or affect the services provided by a telecommunications utility; 4) language that is informational or explanatory, but that does not set forth a requirement or prohibition is eliminated, see Subsection R746-100-3(B)(1) for example; 5) rules governing representation of parties are clarified by reference to the Utah Supreme Court Rules of Professional Practice; 6) rules governing filing of petitions, testimony, etc. are updated to require electronic filing, either by e-mail or through a secure server, except in extenuating circumstances, and also new language requires specific information in electronic file names, with potential penalties for failure to comply; 7) an existing rule, which requires that a motion to dismiss be filed before a responsive pleading is filed, is deleted; 8) new language establishes the Commission's obligation to comply with the Utah Government Records Access and Management Act; 9) an existing rule, which requires parties to file joint exhibits prior to hearing, is deleted; 10) an existing rule, which allows a non-party to provide sworn testimony subject to cross examination, is deleted; and 11) the rules governing provision of, use of, and access to confidential and highly confidential information are significantly modified, per requests and recommendations of the public utilities that regularly deal with such information.