§ 53.59. Cost support requirements and effective filing dates for tariff filings of noncompetitive services.
(a) [Reserved].
(b) [Reserved].
(c) [Reserved].
(d) [Reserved].
(e) [Reserved].
(f) [Reserved].
(g) [Reserved].
(h) [Reserved].
(i) Ministerial administrative changes. A local exchange telecommunications company or a competitive telecommunications carrier tariff filing that represents only ministerial administrative revisions to a noncompetitive service shall be effective on 1-day’s notice.
(j) A noncompetitive and new noncompetitive service of a local exchange telecommunications company. A retail service that a local exchange telecommunications company offers to the public that has not been classified as a competitive service under 66 Pa.C.S. § 3016 (relating to competitive services) or § 53.58(b) (relating to offering of competitive services) is classified as a noncompetitive service. The local exchange telecommunications company shall maintain a tariff on file with the Commission for all of its retail noncompetitive services.
(k) Local exchange telecommunications company rate changes to a noncompetitive service. Unless a local exchange telecommunications company’s rates change for its noncompetitive services are governed by its approved alternative regulation and network modernization plan, the following apply to the rates for its retail noncompetitive services:
(1) Rate reduction. A local exchange telecommunications company’s tariff filing for noncompetitive services that sets forth rates that are lower than the current rates and charges for the local exchange telecommunications company’s retail noncompetitive services shall become effective on 1-day’s notice.
(2) Rate increase. A local exchange telecommunications company’s tariff filing for noncompetitive services that represents rate increases from the current rates and charges of the local exchange telecommunications company retail noncompetitive services shall become effective on 30-day’s notice.
(3) New service. Local exchange telecommunications company tariff filings for new retail noncompetitive services shall become effective on 30-day’s notice.
(4) Review. 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 Bureau of Investigation and Enforcement and the affected local exchange telecommunications company.
(l) Noncompetitive service of a competitive telecommunications carrier. A competitive telecommunications carrier may offer new retail noncompetitive services that are substantially similar or functionally equivalent to the noncompetitive services of a local exchange telecommunications company in the service territory of the local exchange telecommunications company once the competitive telecommunications carrier has received provisional authority or has been certificated by the commission to offer jurisdictional telecommunications utility service in that particular geographic area.
(m) Noncompetitive service of a competitive telecommunications carrier priced at or below the rates of a local exchange telecommunications company.
(1) A tariff filing of a competitive telecommunications carrier that sets forth a rate or charge for a retail noncompetitive service that is at or below the level of the corresponding rate and charge of the local exchange telecommunications company’s substantially similar or functionally equivalent retail noncompetitive service shall be effective on 1-day’s notice and does not require the competitive telecommunications carrier to provide cost support.
(2) The tariff filing shall be effective on 1-day’s notice and not require cost support only if the following apply:
(i) The competitive telecommunications carrier offers the substantially similar or functionally equivalent retail noncompetitive service in the same service territory as the local exchange telecommunications company.
(ii) The competitive telecommunications carrier’s tariff filing does not contain any material changes in the competitive telecommunications carrier’s tariff rules, terms or conditions.
(iii) The competitive telecommunications carrier 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 competitive telecommunications carrier’s tariff rules, terms or conditions.
(iv) The competitive telecommunications carrier provides copies of the local exchange telecommunications company’s effective tariffs designating the corresponding rates and charges of the same or functionally equivalent retail noncompetitive services.
(3) When a competitive telecommunications carrier offers substantially similar or functionally equivalent retail noncompetitive services in the service territories of more than one local exchange telecommunication company, and the rates and charges for its noncompetitive services correspond to the rates and charges of the different local exchange telecommunications companies in their respective service territories, the competitive telecommunications carrier may file separate tariff schedules for its retail noncompetitive services.
(n) Noncompetitive service of a competitive telecommunications carrier that is priced above the rates of a local exchange telecommunications company’s noncompetitive or new service.
(1) A competitive telecommunications carrier tariff filing that sets forth rates and charges for a retail noncompetitive service that is higher than the corresponding rates and charges of a local exchange telecommunications company’s substantially similar or functionally equivalent noncompetitive service shall become effective on 30-day’s notice.
(2) The Commission may require a competitive telecommunications carrier to submit relevant documentary support including cost support and a statement of compliance with applicable guidelines upon request for any tariff filing that sets forth rates and charges for a retail noncompetitive service that is higher than the corresponding rates and charges of a local exchange telecommunications company’s substantially similar or functionally equivalent noncompetitive service. The Commission may request this documentation either before or after the higher rate becomes effective, but only 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.
(3) The competitive telecommunications carrier shall include the following summary documentation for the tariff filing setting forth the higher rate for its retail noncompetitive service as described in paragraph (1):
(i) A brief statement indicating whether the competitive telecommunications carrier offers these services solely on the basis of resale of a local exchange telecommunications company’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 local exchange telecommunications company.
(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 Bureau of Investigation and Enforcement and the affected local exchange telecommunications company.
(o) Notice. The tariff filings made under this subsection shall be served on the office of consumer advocate, the office of small business advocate and the Commission’s Bureau of Investigation and Enforcement on the date the tariff or tariff supplement is filed with the Secretary’s Bureau.
(p) 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 a local exchange telecommunications company or a competitive telecommunications carrier to file with the Commission for approval of tariff filings involving noncompetitive service offerings.
(q) Lifeline plan statement. When a competitive telecommunications carrier proposes increases in rates and charges for any of its basic local exchange services, the competitive telecommunications carrier shall also state whether it has implemented a lifeline plan that has been approved by the Commission.
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); amended under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 53.59 adopted December 1, 2000, effective December 2, 2000, 30 Pa.B. 6202; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial pages (271606) to (271608).
Cross References This section cited in 52 Pa. Code § 53.57 (relating to definitions).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
