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PA Bulletin, Doc. No. 97-1078

RULES AND REGULATIONS

PENNSYLVANIA PUBLIC UTILITY COMMISSION

[52 PA. CODE CH. 63]

[27 Pa.B. 3217]

[L-940099]

Interexchange Carriers

   The Pennsylvania Public Utility Commission (Commission) on April 24, 1997, adopted an order to promulgate final regulations to implement and codify the effect of Chapter 30 of the Public Utility Code on Commission procedures related to regulation of interexchange carriers. The regulations contain streamlined procedures applicable to the statutory categories of existing competitive services, new competitive services and noncompetitive services. The regulations also establish procedures related to reclassification of service and annual reporting requirements. The contact person is Terrence J. Buda, Assistant Counsel, Law Bureau (717) 787-5755.

Executive Summary

   The Commission on April 29, 1997, entered a final rulemaking order to implement and codify the effect of 66 Pa. Code Chapter 30 (relating to alternative form of regulation of telecommunications services) on Commission procedures related to regulations of interexchange carriers. The regulations contain new streamlined procedures applicable to the statutory categories of existing competitive services, new competitive services and noncompetitive services. The regulations also establish procedures related to reclassification of service and annual reporting requirements.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 5, 1997, the Commission submitted a copy of the final rulemaking, which was published as proposed at 25 Pa.B. 1418 (April 15, 1995) to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of House Committee Consumer Affairs and the Senate Committee on Consumer Protection and Professional Licensure for review and comment. In compliance with section 5(b.1) of the Regulatory Review Act, the Commission also provided IRRC and the Committees with copies of the comments received, as well as other documentation.

   In preparing these final-form regulations, the Commission has considered comments received from IRRC, the Committees and the public.

   These final-form regulations were deemed approved by the House Committee on Consumer Affairs on May 26, 1997, were approved by the Senate Committee on Consumer Protection and Professional Licensure on May 13, 1997, and were approved by IRRC on May 22, 1997, in accordance with section 5(c) of the Regulatory Review Act.

Public Meeting held
April 24, 1997

Commissioners present: John M. Quain, Chairperson; John Hanger; David W. Rolka, Consurring in result; Robert K. Bloom

Final Rulemaking Order

By the Commission:

A.  Introduction

1.  Procedural History

   On January 10, 1995, this Commission entered a Declaratory Order in the instant proceeding. The Declaratory Order adopted a set of Interim Guidelines for the regulation of interexchange carriers (IXCs) under 66 Pa.C.S. Chapter 30 and proposed certain regulations on the same subject area to be codified at 52 Pa. Code § 63.101 et seq.1

   The proposed regulations were published in the Pennsylvania Bulletin on April 15, 1995, 25 Pa.B. 1418, with a 30-day comment period that ended on or about May 15, 1995.

   The Commission received comments on the proposed regulations from AT&T Communications of Pennsylvania, Inc. (AT&T), MCI Telecommunications Corporation (MCI). In addition, the Commission received letter commentaries on the proposed regulations from the Honorable David R. Wright, member, Pennsylvania House of Representatives, dated June 5, 1995, and from the Honorable Kathrynann W. Durham, member, Pennsylvania House of Representatives, also dated June 5, 1995. The Commission also received comments from IRRC, dated June 14, 1995.

2.  Interim Guidelines and Related Commission Actions on IXC Regulation

   The January 10, 1995, Interim Guidelines for the regulation of IXCs under 66 Pa.C.S. Chapter 30 contained the following directives:

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1  Previous actions of the Commission of general applicability to the regulation of IXCs have included the issuance of the first set of interim guidelines for the regulation of IXCs under Chapter 30 with our December 28, 1993, Order at Docket No. M-00930496, and the issuance of our December 28, 1993, Declaratory Order Regarding Interpretation of Regulations Governing Interexchange Resellers, at Docket No. M-00930494.


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