§ 53.58. Offering of competitive services.
(a) Only a local exchange telecommunication company may obtain a competitive services classification for its retail protected, retail noncompetitive and retail nonprotected services under the relevant provisions of 66 Pa.C.S. § 3016 (relating to competitive services). The competitive classification that a local exchange telecommunications company obtains for its retail services under 66 Pa.C.S. § 3016(a) or (b) shall become applicable to the substantially similar or functionally equivalent retail service of the competitive telecommunications carrier operating in the same geographic region as the local exchange telecommunications company.
(b) [Reserved].
(c) [Reserved].
(d) A local exchange telecommunication company and a competitive telecommunications carrier shall:
(1) Maintain on its web site a price list for its retail competitive telecommunications services or a product guide or similar document setting forth the rates, terms and conditions of its retail competitive telecommunications services.
(2) File with the Commission and maintain on its web site a price list for its competitive standalone basic residential voice service.
(3) Maintain on its web site an archive of outdated rates, terms and conditions for its retail competitive telecommunications services that were available in its price list, product guide or similar document for a period of 4 years from their posting, and shall provide both current and archived documents to the Commission upon reasonable request.
(e) A party seeking the reclassification of a retail telecommunications service or other business activity that has been designated as a competitive service under 66 Pa.C.S. § 3016 shall file a petition as directed in 66 Pa.C.S. § 3016(c). The Commission will use the factors set forth in 66 Pa.C.S. § 3016(c)(3) to make its determination of whether reclassification of the competitive service to a noncompetitive service is warranted. A reclassification determination of a competitive service shall be applicable to both the local exchange telecommunications company and a competitive telecommunications carrier that is offering a substantially similar or functionally equivalent service in the same geographic area.
(f) A local exchange telecommunications company may declare as competitive the retail nonprotected and retail noncompetitive telecommunications services it offers to enterprise and large business customers, as defined in § 53.57 (relating to definitions), that are located in its certificated service territory.
Authority The provisions of this § 53.58 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 § 53.58 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 (337336) and (271605) to (271606).
Cross References This section cited in 52 Pa. Code § 53.57 (relating to definitions); and 52 Pa. Code § 53.59 (relating to cost support requirements and effective filing dates for tariff filings of noncompetitive services).
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