NAC704.68092. Availability of components of essential service to certificated telecommunication providers.

     1. To the extent technically feasible, a provider of last resort, or a competitive supplier located in an area where a provider of last resort has no facilities, shall make available to other certificated telecommunication providers, on a nondiscriminatory basis, individual components that comprise any basic or other essential service, if the provider:

     (a) Receives a bona fide request for the components;

     (b) Receives approval of the Commission to reclassify an essential service as a competitive service; or

     (c) Offers a new competitive service that utilizes components of an essential service.

     2. A provider of basic or other essential services which receives a bona fide request for components of those services shall:

     (a) Respond to the requesting party within 30 days after the receipt of the request with a decision as to the technical feasibility of the request and an estimated rate for the interconnection; and

     (b) If the request is not withdrawn and it is determined to be technically feasible, file with the Commission the determination of technical feasibility and a proposed rate schedule and tariff for the services requested. The filing must be made within 60 days after the date on which the response required in paragraph (a) is provided to the requesting party, but not later than 90 days after the date on which the request for interconnection is received. A provider of last resort must file the proposed schedule and tariff in accordance with NAC 703.375 to 703.410, inclusive.

     3. The responding provider has the burden of proof that a request made in accordance with this section is not technically feasible, if it determines that such is the case.

     4. The Commission may extend the deadlines set forth in subsection 2 upon a showing of reasonable cause by the responding provider.

     5. A provider of last resort defined as a Class B company by the Federal Communications Commission in 47 C.F.R. Part 32 must comply with the provisions of this section to the extent that they are consistent with comparable provisions for such companies adopted by the Federal Communications Commission.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A 7-10-96; A by Pub. Utilities Comm’n by R136-07, 1-30-2008)