Current through Reg. 50, No. 13; March 28, 2025
(a) Filing of
tariff by nondominant carrier. A nondominant carrier, including a nondominant
carrier holding a certificate of operating authority or a service provider
certificate of operating authority may, but is not required to file with the
commission the information listed under paragraphs (1)-(3) of this subsection.
If filed, such information must be updated and kept current at all times.
(1) A description of each type of
telecommunications service provided;
(2) For each service listed in response to
paragraph (1) of this subsection, the locations in the state by city in which
service is originated or terminated. If a service is provided statewide, the
carrier must specify either origination or termination; and
(3) A tariff, schedule, or list showing each
rate for each service, product, or commodity offered by the nondominant
carrier. A tariff must include a cover letter that lists each rule that relates
to or affects a rate of the nondominant carrier, or a utility service, product,
or commodity furnished by the nondominant carrier.
(b) Annual tariff update. By June 30 of each
calendar year, each nondominant carrier that, during the previous 12 months,
has not filed changes to the information specified by subsection (a) of this
section must file with the commission a letter informing the commission that no
changes have occurred. An uncertificated nondominant carrier that fails to file
either this letter or the updates specified by subsection (a) of this section
during the 12 month period ending on June 30 will no longer be registered with
the commission.
(c) Filing of
nondominant carrier tariff by affiliate or trade association. An affiliate of a
nondominant carrier or trade association may file the information listed under
subsection (a)(1)-(3) and (b) of this section on behalf of a nondominant
carrier.
(1) For each filing, the nondominant
carrier must authorize the affiliate of the nondominant carrier or trade
association, via written affidavit filed with the commission, to file such
information on its behalf.
(2) The
authorization specified by paragraph (1) of this subsection may be included in
the filing by the affiliate of the nondominant carrier or trade
association.
(3) The filing by
affiliate of the nondominant carrier or trade association must comply with the
requirements of this section and other applicable law.
(d) Registration requirement for nondominant
carriers. A nondominant carrier must comply with the registration requirements
of §
26.107 of this title (relating to
Registration of Interexchange Carriers (IXCs), Prepaid Calling Services
Companies (PPC), and Other Nondominant Telecommunications Carriers).
(e) Exceptions. A nondominant carrier:
(1) may, but is not required to, maintain on
file with the commission each tariff, price list, or customer service agreement
that governs the terms of providing service;
(2) may cross-reference its federal tariff in
its state tariff if its intrastate switched access rates are the same as its
interstate switched access rate;
(3) may withdraw a tariff, price list, or
customer service agreement not required to be filed or maintained with the
commission under this section if the nondominant carrier:
(A) files written notice of the withdrawal
with the commission; and
(B)
notifies each of its customers of the withdrawal and posts each current and
applicable tariff, price list, or customer service agreement on its Internet
website.
(4) is not
required to obtain advance approval for a filing with the commission or a
posting on the nondominant carrier's Internet website that adds, modifies,
withdraws, or grandfathers a retail service or the rates, terms, or conditions
of such a service;
(5) is not
subject to any rule or regulatory practice that is not imposed on:
(A) a holder of a certificate of convenience
and necessity serving the same area; or
(B) a deregulated company that:
(i) has 500,000 or more access lines in
service at the time it becomes a deregulated company; or
(ii) serves an area also served by the
nondominant telecommunications utility.
