3016 - Competitive services.

     § 3016.  Competitive services.        (a)  Commission determination of protected, retail     nonprotected and retail noncompetitive services as     competitive.--            (1)  A local exchange telecommunications company may        petition the commission for a determination of whether a        protected or retail noncompetitive service or other business        activity in its service territory or a particular geographic        area, exchange or group of exchanges or density cell within        its service territory is competitive based on the        demonstrated availability of like or substitute services or        other business activities provided or offered by alternative        service providers. The commission, after notice and hearing,        shall enter an order granting or denying the petition within        60 days of the filing date or within 150 days of the filing        date where a protest is timely filed, or the petition shall        be deemed granted.            (2)  The local exchange telecommunications company shall        serve a copy of its petition on the Office of Consumer        Advocate, the Office of Small Business Advocate and each of        the parties to the commission's proceeding in which the        company's network modernization plan that was in effect on        December 31, 2003, was approved by the commission.            (3)  In making its determination, the commission shall        consider all relevant information submitted to it, including        the availability of like or substitute services or other        business activities, and shall limit its determination to the        service territory or the particular geographic area, exchange        or group of exchanges or density cell in which the service or        other business activity has been proved to be competitive.            (4)  The burden of proving that a protected or retail        noncompetitive service or other business activity is        competitive rests on the local exchange telecommunications        company.        (b)  Declaration of retail nonprotected services as     competitive.--Notwithstanding the provisions of subsection (a),     a local exchange telecommunications company may declare any     retail nonprotected service as competitive by filing its     declaration with the commission and serving it on the Office of     Consumer Advocate, Office of Small Business Advocate and each of     the parties to the commission's proceeding in which the     company's network modernization plan that was in effect on     December 31, 2003, was approved by the commission, provided that     a local exchange telecommunications company may not use this     declaration process for any service that the commission     previously has reclassified as noncompetitive under either     subsection (c) or prior law. A declaration of a retail     nonprotected service as competitive shall be effective upon     filing by the local exchange telecommunications company with the     commission.        (c)  Reclassification.--            (1)  A party may petition the commission for a        determination of whether a service or other business activity        previously determined or declared to be competitive is        noncompetitive. The commission, after notice and hearing,        shall enter an order deciding the petition within 60 days of        the filing date or 90 days of the filing date where a protest        is timely filed, or the petition shall be approved.            (2)  The petitioner shall serve a copy of the petition on        the affected local exchange telecommunications company if the        petitioner is not the company, the Office of Consumer        Advocate, the Office of Small Business Advocate and each of        the parties to the commission's proceeding in which the        company's network modernization plan that was in effect on        December 31, 2003, was approved by the commission.            (3)  In making its determination, the commission shall        consider all relevant information submitted to it, including        the availability of like or substitute services or other        business activities, and shall limit its determination to the        particular geographic area, exchange or density cell in which        the service or other business activity has been proved to be        noncompetitive.            (4)  The burden of proving that a competitive service or        other business activity should be reclassified as        noncompetitive rests on the party seeking the        reclassification.            (5)  If the commission reclassifies a service or other        business activity as noncompetitive, the commission shall        determine a just and reasonable rate for the reclassified        service or business activity in accordance with section 1301        (relating to rates to be just and reasonable).        (d)  Additional requirements.--            (1)  The prices which a local exchange telecommunications        company charges for competitive services shall not be less        than the costs to provide the services.            (2)  The commission may not require tariffs for        competitive service offerings to be filed with the        commission.            (3)  A local exchange telecommunications company at its        option may tariff its rates subject to rules and regulations        applicable to the provision of competitive services.            (4)  The commission may require a local exchange        telecommunications company to maintain price lists with the        commission applicable to its competitive services. Price        changes that are filed in a company's tariff for competitive        services will go into effect on a one-day notice.        (e)  Pricing flexibility and bundling.--            (1)  Subject to the requirements of subsection (d)(1), a        local exchange telecommunications company may price        competitive services at the company's discretion.            (2)  A local exchange telecommunications company may        offer and bill to customers on one bill bundled packages of        services which include nontariffed, competitive,        noncompetitive or protected services, including services of        an affiliate, in combinations and at a single price selected        by the company. A local exchange telecommunications company        may file an informational tariff for a bundled package        effective on a one-day notice.            (3)  When an alternative service provider is offering        local exchange telecommunications services within an exchange        of a rural telecommunications carrier, the rural        telecommunications carrier may reduce its prices on services        offered within the exchange below the rates set forth in its        otherwise applicable tariff in order to meet such        competition. A rural telecommunications carrier may not        offset revenue reductions resulting from such competitive        pricing by increasing rates charged to other customers        through its price stability mechanism or otherwise.        (f)  Prohibitions.--            (1)  A local exchange telecommunications company shall be        prohibited from using revenues earned or expenses incurred in        conjunction with noncompetitive services to subsidize        competitive services.            (2)  Paragraph (1) shall not be construed to prevent the        marketing and billing of packages containing both        noncompetitive and competitive services to customers.     (Nov. 30, 2004, P.L.1398, No.183, eff. imd.)        2004 Amendment.  Act 183 added section 3016.        Cross References.  Section 3016 is referred to in sections     3012, 3013, 3019 of this title.