Texas Register, Volume 24, Number 1, Pages 1-223, January 1, 1999 Page: 29
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(iv) demonstrate that the rates are such that the
service identified pursuant to subparagraph (C) of this paragraph
will not be subsidized directly or indirectly by regulated monopoly
services; and
(v) demonstrate that the rates are not predatory or
anticompetitive;
(C) identify the service for which the LEC is request-
ing pricing flexibility, including each component thereof, and provide
functional and technical descriptions of the service, including:
(i) the functions that the service is intended to
perform for the customer;
ii) the types of equipment used to provide the
service (including, but not limited to, transmission facilities, switching
facilities, customer equipment, software functions, and protocol);
(iii) the network configurations used to provide the
service; and
(iv) schematics;
(D) identify each service that is not subject to signif-
icant competitive challenge but that, at the time the LEC files its
application for pricing flexibility, the LEC intends to provide as a
tariffed adjunct to the service identified in subparagraph (C) of this
paragraph and, for each such service, provide:
(i) functional and technical descriptions; and
(ii) citations to the tariff provisions pursuant to
which each such service will be provided;
(E) designate the exchange(s) as to which the LEC is
seeking pricing flexibility;
(F) include a map or maps of the exchange(s) des-
ignated pursuant to subparagraph (E) of this paragraph that can be
coordinated with the official commission boundary maps;
(G) describe the products or services known to the
LEC that are currently available in the exchange(s) designated pur-
suant to subparagraph (E) of this paragraph, and that are the same,
equivalent, or substitutable for the service identified pursuant to sub-
paragraph (C) of this paragraph, and identify the providers of those
products or services;
(H) with respect to the products or services described
pursuant to subparagraph (G) of this paragraph, discuss:
(i) the number and size of telecommunications
utilities or other persons providing such products or services;
(ii) the extent to which such products or services
are available;
(iii) the ability of customers to obtain such products
or services at rates, terms, and conditions comparable to those that
the LEC will offer;
(iv) the ability of telecommunications utilities or
other persons to make such products or services readily available
at rates, terms, and conditions comparable to those that the LEC will
offer; and
(v) the existence of any significant barrier to the
entry or exit of a provider of such products or services;
(I) demonstrate that the level of competition with re-
spect to all components of the LEC's service identified pursuant to
subparagraph (C) of this paragraph represents a significant compet-itive challenge within the exchange(s) designated pursuant to sub-
paragraph (E) of this paragraph that warrants the pricing flexibility
specified pursuant to subparagraph (B) of this paragraph;
(J) demonstrate that the service identified pursuant to
subparagraph (C) of this paragraph is not basic local telecommuni-
cations service, including local measured service;
(K) if the type of pricing flexibility requested pursuant
to subparagraph (B) of this paragraph is customer-specific pricing or
detariffing, demonstrate that the service identified pursuant to sub-
paragraph (C) of this paragraph is not message telecommunications
service, switched access service, or wide area telecommunications
service;
(L) to prevent the subsidization of the service identi-
fied pursuant to subparagraph (C) of this paragraph with revenues
from regulated monopoly services, propose mechanisms to recover
costs that may not be identified and recovered in a long run incre-
mental cost study, including but not limited to costs associated with
advertising, unsuccessful bids, and all items of plant used in the pro-
vision of the service;
(M) identify and address the impact that approval of
the application for pricing flexibility may have on universal service;
(N) for any type of pricing flexibility other than
detariffing, include proposed tariffs and identify any tariff language
that restricts the resale, sharing, or joint use of the service identified
pursuant to subparagraph (C) of this paragraph and any component
thereof and demonstrate why such restrictive tariff language is
consistent with the policy established in the Public Utility Regulatory
Act 52.001; and
(O) include any other information that the LEC wants
considered in connection with the review of its application.
(4) The commission shall allow an incumbent LEC that is
not a Tier 1 LEC as of September 1, 1995, at that company's option,
to adopt the cost studies approved by the commission for a Tier 1
LEC.
(5) An application for pricing flexibility shall be docketed
and assigned to a presiding officer. No later than ten working days
after the filing of an application for pricing flexibility, the presiding
officer shall issue an order scheduling a prehearing conference
for the purposes of determining notice requirements, establishing
a procedural schedule, and addressing other matters as may be
appropriate. The commission shall make a final decision no later than
180 days after the completion of notice, as ordered by the presiding
officer. However, this 180-day period shall be extended two days for
each one day of actual hearing on the merits of the case that exceeds
15 days. The presiding officer or commission, upon a showing of
good cause relating to the applicant's failure or refusal to prosecute,
including but not limited to the applicant's unreasonable resistance
to discovery, may further extend the timeline, provided that the order
shall specifically identify the facts found to constitute good cause.
This deadline may be expressly waived by the applicant.
(6) For LECs with less than 31,000 access lines, the
commission shall not be limited under paragraph (7)(D)(i)-(x) of this
subsection to considering only competition within the exchange(s)
where the LEC will provide the service. Pursuant to paragraph
(3)(0) of this subsection, a LEC with less than 31,000 access lines
may provide information that addresses the criteria of paragraph
(3)(G)-(I) of this subsection with respect to products or services
available outside the exchange(s) designated in paragraph (3)(E) of
this subsection.PROPOSED RULES January 1, 1999 24 TexReg 29
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Texas. Secretary of State. Texas Register, Volume 24, Number 1, Pages 1-223, January 1, 1999, periodical, January 1, 1999; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113872/m1/31/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.