(1) Except at provided in (2) , applications for
flexible pricing must include:
(a) a
statement that the application is for flexible pricing in accordance with these
rules and a statement that the application is not for detariffing, forbearance,
or promotional pricing;
(b) an identification
of the tariffed rate and the tariffed operating rules related to such rate
which will be affected by or implemented in the flexible pricing, accompanied
by a proposed tariff page reflecting all proposed tariff changes, through
interlining of material to be deleted and underlining of material to be added,
that will result if the application for flexible pricing is approved;
(c) specifically,
by each wire center to which the application for flexible pricing pertains:
(i) an
identification of the number, size, and distribution of alternative providers
of the service to be flexibly priced and, as of the date of application, the
number, size, and distribution of each alternative provider actually providing
the service to be flexibly priced;
(ii) documentation
of the entry of each alternative provider into the area affected;
(iii) the
extent to which services are available from these alternative providers;
(iv) the
ability of these alternative providers to make functionally equivalent or
substitute service readily available;
(v) the
present market share of each alternative provider for the service; and
(vi) an
estimate of the number of customers who have chosen service from the
alternative providers;
(d) a
description of the overall impact of the flexible pricing on the continued
availability of existing services at just and reasonable rates, including the
continued maintenance of basic service at affordable rates;
(e) a
description of the overall impact of the proposed flexible pricing on the
continued encouragement of competition in the provision of telecommunications
services; and
(f) verification
that the alternative lower price or the minimum price in a proposed range of
prices cover all relevant incremental costs for each specific geographical area
and product mix for which the flexible pricing is proposed.
(2) If the applicant does not have access to one
or more of the information items required in (1) (c) (i) through (vi) , including
through being prohibited by law from accessing the information, the applicant
shall so state in its application, explain in reasonable detail why access is
not available, and request that the commission waive the requirement to provide
the information.
(3) Applications for flexible pricing will be noticed to the public and
processed as contested cases in accordance with commission procedural
rules.