1. Any person may request that the Commission
classify a new service or classify or reclassify an existing service, which is
provided by a small-scale provider of last resort, as essential, discretionary,
competitive or deregulated. Such a request must be filed with the Commission in
the form of an application or a letter of advice. The service to be classified
or reclassified must be provided in a market whose size is no smaller than a
wire center, and no larger than the entire area of service of the small-scale
provider of last resort. The requester has the burden of demonstrating that the
classification or reclassification will not unfairly or unreasonably impede
competition. Except as otherwise provided in subsection 2, the request must:
(a) Fully identify and describe the service
proposed to be classified or reclassified, including, without limitation, the:
(1) Technical and common names of the
service;
(2) Number of units of the
service currently provided within the market for which classification or
reclassification is sought;
(3)
Facilities and equipment used in providing the service;
(4) Nature and extent of the market in which
the service is or will be provided, including, without limitation, the type of
subscribers for that service, the source of revenues for that service and the
geographic regions in which the service is or will be provided; and
(5) Current price which a subscriber is
charged for that service.
(b) Specify the proposed classification of
the service and provide all facts necessary to support that classification,
including, without limitation, facts to support the findings required in NAC
704.68068 to
704.68076, inclusive, as
appropriate.
(c) Specify the
specific market area for which the classification or reclassification is being
sought.
(d) Specify a method of
accounting for the service to be classified or reclassified which satisfies the
requirements of NAC
704.68066 for small-scale
providers of last resort.
(e) If
the request proposes to classify a service as a competitive or deregulated
service, include a plan which sets forth the procedures which the small-scale
provider of last resort will use for the protection, use, sharing and issuance
of information regarding its competitors and customers and the services they
request or receive. The procedures must include:
(1) The terms and conditions governing access
by the small-scale provider of last resort and other persons to that
information if the information is used to promote or provide competitive
services; and
(2) The manner in
which the small-scale provider of last resort will obtain authorization from
the customer to release the information.
(f) If the request proposes to classify a
service as a deregulated service, include:
(1) The direct cost of the service accounted
for pursuant to the Uniform System of Accounts; and
(2) The method of determining, and the amount
of, the common costs and general overhead expenses allocated, as determined
pursuant to the apportionment rules set forth in 47 C.F.R. Part 64, as those
rules existed on October 25, 1995.
(g) If the request proposes to classify a
service as a discretionary or competitive service, include the information and
documentation which must be filed pursuant to NAC
704.68072.
(h) Include plans which set forth safeguards
to ensure that the small-scale provider of last resort will not unfairly or
unreasonably impede competition.
(i) If the request proposes to classify a
service as a discretionary service, specify the proposed minimum and maximum
rates to be charged if the request to classify the service as discretionary is
approved.
2. A request
to classify a service that is filed by a person other than the small-scale
provider of last resort is exempt from the requirements set forth in paragraphs
(d) to (i), inclusive, of subsection 1.
3. As used in this section:
(a) "Letter of advice" means a document
transmitted to the Commission pursuant to NAC
703.390.
(b) "Wire center" means the geographic area
encompassing all customers who may be served from a building which contains one
or more central offices of a provider of last resort. A wire center is part of
an exchange.
Added to NAC by Pub.
Service Comm'n, eff. 10-25-95; A by Pub. Utilities Comm'n by R186-97, 1-30-98;
R107-07, 12-4-2007; R136-07, 1-30-2008
