Section 53.59. Cost support requirements and effective filing dates for tariff filings of noncompetitive services

(a) CLEC services priced below ILEC rates. A CLEC that offers services that are substantially the same or functionally equivalent with noncompetitive services by an ILEC in the service territory of the ILEC, at rates and charges that are at or below the level of the corresponding rates and charges of the ILEC for these services, is not required to provide cost support for tariff filings and rate changes involving these services. These tariff filings will be effective on 1-day’s notice if the following apply:

(1) The CLEC offers these services in the same service territory as the ILEC.

(2) The CLEC tariff filing does not contain any material changes in the CLEC’s tariff rules, terms or conditions.

(3) The CLEC specifically states in its accompanying cover letter that the filing is being made on 1-day’s notice in accordance with this subsection, and that the tariff filing does not contain material changes in the CLEC tariff rules, terms or conditions.

(4) The CLEC provides copies of the ILEC’s effective tariffs designating the corresponding rates and charges of the same or functionally equivalent noncompetitive services.

(b) CLECs operating in multiple ILEC territories. When a CLEC offers services in the service territories of more than one ILEC, and the rates and charges for these services satisfy the criteria of subsection (a), the CLEC may file separate tariff schedules when the rates and charges for these services correspond to the rates and charges of the different ILECs in their respective service territories.

(c) CLEC services priced above ILEC rates and CLEC new services.

(1) CLEC tariff filings for services that are substantially the same or functionally equivalent with noncompetitive services offered by an ILEC in the same service territory of the ILEC, at rates and charges that are higher than the corresponding rates and charges of the ILEC, will become effective as filed if the Commission does not take any action within 30 days from the date when all consumers subject to the rate increase shall have received individual notice.

(2) CLEC tariff filings for new services will become effective as filed if the Commission does not take any action within 30 days from the date the tariff filing is filed with the Commission.

(3) The tariff filings in this subsection shall be received by the Office of Consumer Advocate, the Office of Small Business Advocate and the Commission’s Office of Trial Staff on the date of filing with the Commission’s Secretary’s Bureau.

(4) The Commission may extend the review period in this subsection by up to an additional 30 days upon notice to the Office of Consumer Advocate, the Office of Small Business Advocate, the Commission’s Office of Trial Staff and the affected CLEC.

(5) The CLEC shall include the following summary documentation for tariff filings involving the services:

(i) A brief statement indicating whether the CLEC offers these services solely on the basis of resale of an ILEC’s retail services, through its own facilities, or a combination of both.

(ii) A brief statement indicating whether the tariff filing represents an increase or decrease in existing rates and charges.

(iii) A summary justification of the tariff filing, including an explanation of whether the proposed changes have been caused by a corresponding change in rates and charges of the resold services of the underlying ILEC.

(d) CLEC ministerial administrative changes. CLEC ministerial administrative tariff filings for services that are substantially the same or functionally equivalent with noncompetitive services offered by an ILEC in the same service territory of the ILEC, will be effective on 1-day’s notice.

(e) Cost support for CLEC filings. When new or revised CLEC rates for service are higher than those of the ILEC in that ILEC’s service territory, the Commission may request relevant documentary support, including cost support and a statement of compliance with applicable guidelines. The requests can be made either before or after the rates become effective, and will only occur when it is necessary to protect consumers such as, without limitation, when the service is targeted to the economically disadvantaged or customers with poor credit histories.

(f) ILEC rate changes.

(1) Rate reductions. ILEC tariff filings for noncompetitive services that represent rate reductions from current rates and charges of that ILEC, will become effective as filed if the Commission does not take any action within a 10-day notice and review period. To obtain the 10-day notice and review period, the ILEC shall provide copies of its current tariff for the noncompetitive service for which it seeks a rate reduction.

(2) Rate increases. ILEC tariff filings for noncompetitive services that represent rate increases from current rates and charges of that ILEC will become effective as filed if the Commission does not take any action within 30 days from the date when all consumers subject to the rate increase shall have received individual notice.

(3) New services. ILEC tariff filings for new services will become effective as filed if the Commission does not take any action within 30 days from the date the tariff filing is filed with the Commission.

(4) Ministerial administrative changes. ILEC ministerial administrative tariff filings for noncompetitive services will be effective on 1-day’s notice.

(5) Notice. The tariff filings in this subsection shall be received by the Office of Consumer Advocate, the Office of Small Business Advocate and the Commission’s Office of Trial Staff on the date of filing with the Commission’s Secretary’s Bureau.

(6) Extension of review period. The Commission may extend the review period in this subsection by up to an additional 30 days upon notice to the Office of Consumer Advocate, the Office of Small Business Advocate, the Commission’s Office of Trial Staff and the affected ILEC.

(7) Documentary support. Nothing in this subsection affects the type of documentary support, including cost support and a statement of compliance with all applicable regulations, that will be necessary for an ILEC to file with the Commission for approval of tariff filings involving noncompetitive service offerings.

(g) Executive overview. ILECs and CLECs that file tariff filings in accordance with subsection (c) or (f) shall file an executive overview summarizing the reason for the filing. The executive overview shall include relevant information regarding the safety, adequacy, reliability and privacy considerations related to the proposed or revised service.

(h) Lifeline plan statement. When a CLEC proposes increases in rates and charges for any of its basic local exchange services, the CLEC shall also state whether it has implemented a Lifeline Plan that has been approved by the Commission.

The provisions of this § 53.59 adopted December 1, 2000, effective December 2, 2000, 30 Pa.B. 6202.

Notation

Authority

The provisions of this § 53.59 issued under the Public Utility Code, 66 Pa.C.S. § § 501 and 1501; and section 612 of The Administrative Code of 1929 (71 P. S. § 232).

Cross References

This section cited in 52 Pa. Code § 53.57 (relating to definitions); and 52 Pa. Code § 53.58 (relating to offering of competitive services).