(2) Filing requirements.
(A) Filing of informational notice and
confidential information. At the time the informational notice is filed in
Central Records, a copy of the informational notice, including confidential
information, shall be delivered to OPC. In addition to the record copy, an
additional copy of any confidential information shall be filed in Central
Records for use by the commission staff.
(i)
The commission shall assign each informational notice a unique control number
and shall stamp the tariff sheets "received."
(ii) The commission staff shall file any
notice of deficiencies (including deficiencies in LRIC studies submitted) for
incomplete filings not in compliance with this section or pleading alleging
that the service offering is inappropriately filed as an informational notice
filing within three working days after the date of the filing of the
informational notice.
(iii) Within
two working days after the date of the commission staff's filing, the applicant
shall file an explanation of the actions it has taken or intends to take in
response to a notice or pleading filed under clause (ii) of this
subparagraph.
(B)
Effective date. A service offering shall be effective no earlier than ten days
after the ILEC files a complete informational notice with the
commission.
(C) Access to
confidential information. Access to confidential information filed with the
commission as part of an informational notice filing shall be available to
commission staff and OPC, upon execution of a commission approved protective
agreement, at the time the informational notice is filed.
(D) Format of filing. An informational notice
under this section must include the following elements:
(ii) PURA chapter under which company
operates;
(iii) date of
submission;
(v) new and/or revised tariff
pages, written in plain language and conforming to the requirements of §
26.207 of this title (relating to
Form and Filing of Tariffs);
(vi)
proposed implementation date (if different from effective date);
(vii) affidavit of notice to the Office of
Public Utility Counsel, certificate of operating authority holders, and parties
to interconnection agreements;
(viii) type of filing (new service; pricing
flexibility; packaging, or promotional offering; customer specific
contract);
(ix) except for customer
promotional offerings, relevant LRIC study or LRIC study reference, and
relevant support materials (confidential/proprietary/protected materials
provided to commission only). When LRIC studies for which commission approval
has not been obtained are provided with an informational notice filing, an
application for approval of that LRIC study must be filed pursuant to the
standards in §
26.214 of this title to establish
a LRIC floor and shall be filed before or simultaneously with the informational
notice filing. The ILEC shall file a notice of intent to file LRIC studies
pursuant to §
26.214 of this title no later than
ten days before the filing of the LRIC study;
(x) except for customer promotional
offerings, relevant LRIC study or LRIC study reference, and relevant supporting
materials (confidential/proprietary/protected materials provided to commission
only), if an ILEC chooses to adopt LRIC studies of a larger company pursuant to
the requirements of subsection (c)(3) or (d)(4) of this section, as
applicable;
(xi) except for
customer promotional offerings, relevant tariff rates or specific tariff
references, if the ILEC chooses to adopt rates of a larger company pursuant to
requirements of subsection (c)(4) or (d)(5) of this section, as
applicable;
(xii) a response of
"yes", "no", or "not applicable", with explanatory language, to the following
question: "Is the sum of the TELRIC-based wholesale prices of components needed
for provision of the retail service at or below the retail price set forth in
this filing?" Except for customer promotional offerings, if the response is
"yes" or "no", the filing must identify the components needed for the provision
of the retail service, along with a list of relevant wholesale and retail
prices;
(xiii) a response of "yes"
or "no" to the following question: "Is the service available for resale by a
competitor?" If the answer is "no", does the proposed price meet the standards
set forth in §
26.274(f) - (h)
of this title (relating to Imputation)? For purposes of this question,
"available for resale" means:
(I) the service
is not subject to tariffed resale restrictions; and
(II) the ILEC is not aware of any constraints
that would prevent a competitor from functionally provisioning the service to
the competitor's customers in parity with the ILEC's provisioning of the
service to the ILEC's customers;
(xiv) for package offerings that combine
regulated products or services with unregulated products or services and/or
with the products or services of an ILEC's affiliate, an affidavit indicating
that the price of the package recovers the cost to the ILEC of acquiring and
providing the unregulated products or services or the affiliate's products or
services. The affidavit shall also indicate that the cost to the ILEC of
acquiring and providing an affiliate's products or services is greater than or
equal to the cost to the affiliate of acquiring and/or providing the products
or services. The cost to an ILEC of acquiring or providing the affiliate's
products or services shall be valued in a manner consistent with FCC
requirements, to the extent FCC requirements are applicable to the ILEC, and
with subsection (d)(2)(F) of this section. For a joint marketing effort that
includes regulated products or services and the products or services of an
affiliate, an affidavit shall be provided by each affected affiliate attesting
that the affiliate's costs are recovered in a manner consistent with subsection
(d)(2)(F) of this section and FCC requirements, to the extent FCC requirements
are applicable to the ILEC;
(xv)
description of the offering's terms and conditions, including location of
service or a statement that it is to be provided state-wide; and
(xvi) a privacy concerns statement.
(E) For customer promotional
offerings:
(i) Affidavit that a promotion for
this service has not exceeded 90 days for the previous 12-month
period.
(ii) Promotional tariff or
letter identifying the promotional service and whether it is for a waiver of
installation or service order charges, or both (90 days) or a discount of 25%
or less (60 days).