65-407 C.M.R. ch. 214, § 3 - DESIGNATION OF DETARIFFED STATUS

A. Initial Designation of Detariffed Status

1. Telephone Utilities that are not ILECs. Unless otherwise revoked pursuant to Section 5, all telephone utilities that are not ILECs are granted detariffed status with respect to all retail services they provide, in all geographic areas they serve. This subsection is applicable to telephone utilities that are affiliates of ILECs, provided the affiliate is not an ILEC itself

2. ILEC and ILEC-affiliated Intrastate Interexchange Services. Unless otherwise revoked pursuant to Section 5, all ILECs and ILEC-affiliated IXCs are granted detariffed status with respect to rates, terms, and conditions governing retail intrastate interexchange service, in all geographic areas they serve.

3. ILEC Bundled Services. Unless otherwise revoked pursuant to Section 5, all ILECs are granted detariffed status with respect to rates, terms, and conditions governing a retail bundled service, in all geographic areas they serve.

B. Petition to Obtain Detariffed Status

1. Petition. A telephone utility may petition the Commission to obtain detariffed status for all or a portion of the utility's services not covered by subsection 3(A), offered in all or a portion of the geographic areas the utility serves. The Commission shall, through an adjudicatory proceeding, determine whether to approve the telephone utility's petition.

2. Findings. In determining whether to grant the petition, the Commission must make the following findings:

a. Competitive telecommunications markets will not be negatively impacted if the telephone utility does not file and the Commission does not approve the rates, terms, or conditions for the service;

b. The telephone utility does not exercise significant power over pricing of the telecommunications service; and

c. Unjust or unreasonable rates will not result if the telephone utility does not file and the Commission does not approvethe rates, terms, or conditions for the service.

3. Considerations. In determining whether to grant the petition, the Commission may consider the following factors:

a. The telephone utility's market share with respect to the service;

b. The stability of the current market with respect to the service;

c. The justness and reasonableness of the telephone utility's rate, term, or condition; and

d. Any other factor the Commission concludes to be relevant.

Notes

65-407 C.M.R. ch. 214, § 3