Public Service Commission, Administration

Rule R746-351

Pricing Flexibility

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35917
Filed: 03/06/2012 01:01:35 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 54-8B-2.3 allows the Commission to grant or deny a petition for pricing flexibility to an incumbent telephone corporation for the same or substitutable public telecommunications services in the same defined geographic area. This rule clarifies the conditions and establishes the procedure by which the pricing flexibility granted to an incumbent telephone corporation becomes effective.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been submitted in the past five years.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The procedure described in this rule by which the pricing flexibility, granted by the commission to an incumbent telephone corporation, may become effective continues to be necessary. Therefore, this rule is continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at [email protected]
• David Clark at the above address, by phone at 801-530-6708, by FAX at 801-530-6796, or by Internet E-mail at [email protected]

Authorized by:

David Clark, Legal Counsel

Effective:

03/06/2012