NAC704.68062. Request for classification or reclassification of service.

     1. Any person may request that the Commission classify a new service or classify or reclassify an existing service, which is provided by a small-scale provider of last resort, as essential, discretionary, competitive or deregulated. Such a request must be filed with the Commission in the form of an application or a letter of advice. The service to be classified or reclassified must be provided in a market whose size is no smaller than a wire center, and no larger than the entire area of service of the small-scale provider of last resort. The requester has the burden of demonstrating that the classification or reclassification will not unfairly or unreasonably impede competition. Except as otherwise provided in subsection 2, the request must:

     (a) Fully identify and describe the service proposed to be classified or reclassified, including, without limitation, the:

          (1) Technical and common names of the service;

          (2) Number of units of the service currently provided within the market for which classification or reclassification is sought;

          (3) Facilities and equipment used in providing the service;

          (4) Nature and extent of the market in which the service is or will be provided, including, without limitation, the type of subscribers for that service, the source of revenues for that service and the geographic regions in which the service is or will be provided; and

          (5) Current price which a subscriber is charged for that service.

     (b) Specify the proposed classification of the service and provide all facts necessary to support that classification, including, without limitation, facts to support the findings required in NAC 704.68068 to 704.68076, inclusive, as appropriate.

     (c) Specify the specific market area for which the classification or reclassification is being sought.

     (d) Specify a method of accounting for the service to be classified or reclassified which satisfies the requirements of NAC 704.68066 for small-scale providers of last resort.

     (e) If the request proposes to classify a service as a competitive or deregulated service, include a plan which sets forth the procedures which the small-scale provider of last resort will use for the protection, use, sharing and issuance of information regarding its competitors and customers and the services they request or receive. The procedures must include:

          (1) The terms and conditions governing access by the small-scale provider of last resort and other persons to that information if the information is used to promote or provide competitive services; and

          (2) The manner in which the small-scale provider of last resort will obtain authorization from the customer to release the information.

     (f) If the request proposes to classify a service as a deregulated service, include:

          (1) The direct cost of the service accounted for pursuant to the Uniform System of Accounts; and

          (2) The method of determining, and the amount of, the common costs and general overhead expenses allocated, as determined pursuant to the apportionment rules set forth in 47 C.F.R. Part 64, as those rules existed on October 25, 1995.

     (g) If the request proposes to classify a service as a discretionary or competitive service, include the information and documentation which must be filed pursuant to NAC 704.68072.

     (h) Include plans which set forth safeguards to ensure that the small-scale provider of last resort will not unfairly or unreasonably impede competition.

     (i) If the request proposes to classify a service as a discretionary service, specify the proposed minimum and maximum rates to be charged if the request to classify the service as discretionary is approved.

     2. A request to classify a service that is filed by a person other than the small-scale provider of last resort is exempt from the requirements set forth in paragraphs (d) to (i), inclusive, of subsection 1.

     3. As used in this section:

     (a) “Letter of advice” means a document transmitted to the Commission pursuant to NAC 703.390.

     (b) “Wire center” means the geographic area encompassing all customers who may be served from a building which contains one or more central offices of a provider of last resort. A wire center is part of an exchange.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A by Pub. Utilities Comm’n by R186-97, 1-30-98; R107-07, 12-4-2007; R136-07, 1-30-2008)