(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 electing company 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 electing company 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 electing company 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 electing company 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 electing company 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 electing company's
provisioning of the service to the electing company's customers; providing the
products or services. The cost to an electing company 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
electing company, 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 electing company;
(xiv) for package offerings that
combine regulated products or services with unregulated products or services
and/or with the products or services of an electing company's affiliate, an
affidavit indicating that the price of the package recovers the cost to the
electing company 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 electing company 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 electing company 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 electing company, 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 electing company;
(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).