DAR File No. 32306

Public Service Commission, Administration

R746-350

Application to Discontinue Telecommunications Service

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 32306
Filed: 01/14/2009, 03:53
Received by: NL

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 54-4-1 provides that the Public Service Commission (PSC) shall have the power to regulate utilities and to supervise their business operations. Section 54-3-1 requires that the terms and conditions of the provision of service be just and reasonable. Section 54-8b-18 enables the PSC to use the proceedings on an Exiting Provider's application to resolve disputes between the exiting provider and a possible replacement provider to facilitate the migration of the exiting provider's customers to alternative telecommunication services that may be available or any other requirements associated with a change in service.

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 were received since the rule was proposed in 2003. There was a nonsubstantive change in 2004 to correct internal subsection references and use of more common terminology.

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

This rule continues to be necessary so that PSC may require companies to provide notice of their intent to curtail services or exit the market. The rule outlines the steps companies must take to inform the Commission, customers, other telecommunications carriers, and the public in general of the change in their operations in Utah's telecommunications services markets.

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

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

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 sbintz@utah.gov

Authorized by:

Sandy Mooy, Legal Counsel