Goto Section: 1.773 | 1.781 | Table of Contents
FCC 1.774
Revised as of December 4, 2012
Goto Year:2011 |
2013
§ 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 § 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
§ § 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 § 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 § 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 § 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 § 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
§ 69.713(a) of this chapter must make a showing sufficient to meet the
relevant requirements of § 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 § 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 § 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 § 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 § 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, 445 12th Street,
SW., Washington, DC 20554; 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) [Reserved]
(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 § 1.4.
[ 64 FR 51264 , Sept. 22, 1999, as amended at 67 FR 13223 , Mar. 21, 2002;
71 FR 15618 , Mar. 29, 2006; 74 FR 68544 , Dec. 28, 2009; 77 FR 57523 ,
Sept. 18, 2012]
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Contracts, Reports, and Requests Required to be Filed by Carriers
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Goto Section: 1.773 | 1.781
Goto Year: 2011 |
2013
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