Goto Section: 1.773 | 1.781 | Table of Contents
FCC 1.774
Revised as of October 1, 2006
Goto Year:2005 |
2007
Sec. 1.774 Pricing flexibility.
(a) Petitions. (1) A petition seeking pricing flexibility for specific
services pursuant to part 69, subpart H, of this chapter, with respect to a
metropolitan statistical area (MSA), as defined in Sec. 22.909(a) of this
chapter, or the non-MSA parts of a study area, must show that the price cap
LEC has met the relevant thresholds set forth in part 69, subpart H, of this
chapter.
(2) The petition must make a separate showing for each MSA for which the
petitioner seeks pricing flexibility, and for the portion of the study area
that falls outside any MSA.
(3) Petitions seeking pricing flexibility for services described in
Sec. Sec. 69.709(a) and 69.711(a) of this chapter must include:
(i) The total number of wire centers in the relevant MSA or non-MSA parts of
a study area, as described in Sec. 69.707 of this chapter;
(ii) The number and location of the wire centers in which competitors have
collocated in the relevant MSA or non-MSA parts of a study area, as
described in Sec. 69.707 of this chapter;
(iii) In each wire center on which the price cap LEC bases its petition, the
name of at least one collocator that uses transport facilities owned by a
provider other than the price cap LEC to transport traffic from that wire
center; and
(iv)(A) The percentage of the wire centers in the relevant MSA or non-MSA
area, as described in Sec. 69.707 of this chapter, in which competitors have
collocated and use transport facilities owned by a provider other than the
price cap LEC to transport traffic from that wire center; or
(B) The percentage of total base period revenues generated by the services
at issue in the petition that are attributable to wire centers in the
relevant MSA or non-MSA area, as described in Sec. 69.707 of this chapter, in
which competitors have collocated and use transport facilities owned by a
provider other than the price cap LEC to transport traffic from that wire
center.
(4) Petitions seeking pricing flexibility for services described in
Sec. 69.713(a) of this chapter must make a showing sufficient to meet the
relevant requirements of Sec. 69.713 of this chapter.
(b) Confidential treatment. A price cap LEC wishing to request confidential
treatment of information contained in a pricing flexibility petition should
demonstrate, by a preponderance of the evidence, that the information should
be withheld from public inspection in accordance with the requirements of
Sec. 0.459 of this chapter.
(c) Oppositions. Any interested party may file comments or oppositions to a
petition for pricing flexibility. Comments and oppositions shall be filed no
later than 15 days after the petition is filed. Time shall be computed
pursuant to Sec. 1.4.
(d) Replies. The petitioner may file a reply to any oppositions filed in
response to its petition for pricing flexibility. Replies shall be filed no
later than 10 days after comments are filed. Time shall be computed pursuant
to Sec. 1.4.
(e) Copies, service. (1)(i) Any price cap LEC filing a petition for pricing
flexibility must submit its petition pursuant to the Commission's Electronic
Tariff Filing System (ETFS), following the procedures set forth in Sec. 61.14(a)
of this chapter.
(ii) The price cap LEC must provide to each party upon which the price cap
LEC relies to meet its obligations under paragraph (a)(3)(iii) of this
section, the information it provides about that party in its petition, even
if the price cap LEC requests that the information be kept confidential
under paragraph (b) of this section.
(A) The price cap LEC must certify in its pricing flexibility petition that
it has made such information available to the party.
(B) The price cap LEC may provide data to the party in redacted form,
revealing only that information to the party that relates to the party.
(C) The price cap LEC must provide to the Commission copies of the
information it provides to such parties.
(2)(i) Interested parties filing oppositions or comments in response to a
petition for pricing flexibility may file those comments through ETFS.
(ii) Any interested party electing to file an opposition or comment in
response to a pricing flexibility petition through a method other than ETFS
must file an original and four copies of each opposition or comment with the
Commission, as follows: the original and three copies of each pleading shall
be filed with the Secretary, 236 Massachusetts Ave., NE., Washington, DC
20002; one copy must be delivered directly to the Commission's copy
contractor. Additional, separate copies shall be served upon the Chief,
Wireline Competition Bureau and the Chief, Pricing Policy Division.
(iii) In addition, oppositions and comments shall be served either
personally or via facsimile on the petitioner. If an opposition or comment
is served via facsimile, a copy of the opposition or comment must be sent to
the petitioner via first class mail on the same day as the facsimile
transmission.
(3) Replies shall be filed with the Commission through ETFS. In addition,
petitioners choosing to file a reply must serve a copy on each party filing
an opposition or comment, either personally or via facsimile. If a reply is
served via facsimile, a copy of the reply must be sent to the recipient of
that reply via first class mail on the same day as the facsimile
transmission.
(f) Disposition. (1) A petition for pricing flexibility pertaining to
special access and dedicated transport services shall be deemed granted
unless the Chief, Wireline Competition Bureau, denies the petition no later
than 90 days after the close of the pleading cycle. The period for filing
applications for review begins the day the Bureau grants or denies the
petition, or the day that the petition is deemed denied. Time shall be
computed pursuant to Sec. 1.4.
(2) A petition for pricing flexibility pertaining to common-line and
traffic-sensitive services shall be deemed granted unless the Commission
denies the petition no later than five months after the close of the
pleading cycle. Time shall be computed pursuant to Sec. 1.4.
[ 64 FR 51264 , Sept. 22, 1999, as amended at 67 FR 13223 , Mar. 21, 2002; 71 FR 15618 , Mar. 29, 2006]
Contracts, Reports, and Requests Required to be Filed by Carriers
Goto Section: 1.773 | 1.781
Goto Year: 2005 |
2007
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