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Case Background
Rule 25-4.034, Florida Administrative Code (F.A.C),
Tariffs, requires incumbent local exchange companies (ILECs) to maintain
tariffs on file with the Commission setting forth all rates and charges for
customer services, the classes and grades of service available to subscribers,
the conditions and circumstances under which service will be furnished, and all
general rules and regulations governing the relation of customer and company.
The rule also requires ILECs to make their tariffs available for public
inspection and specifies tariff filing conventions.
Consistent with the 2011 changes to Chapter 364, Florida
Statutes (F.S.), staff is recommending that Rule 25-4.034, F.A.C., be amended
to require ILECs to file tariffs for network access service only, rather than
for all services. The recommended changes to the rule include filing
conventions for network access tariffs and provide the option of filing tariffs
either in hard copy format or electronically, via e-mail.
Staff is recommending that new Rule 25-4.0341, F.A.C.,
Filing of Service Schedules, be adopted to provide administrative guidance to
telecommunications companies choosing to file service schedules with the
Commission for services other than those required under Rule 25-4.034, F.A.C.
The recommended rule includes a directive that each telecommunications company
choosing not to file service schedules with the Commission notify the Commission
of the location where such service schedules are available to its customers.
Rule 25-24.825, F.A.C., Price List, requires each
competitive local exchange company (CLEC) to maintain on file with the
Commission its pricing details and other information for the provision of
residential dial tone, single-line business dial tone, and dial tone provided
with any combination of services included as part of basic local
telecommunications service. Consistent with the 2011 changes to Chapter 364,
F.S., staff is recommending that this rule be repealed.
The Commission’s Notices of Development of Rulemaking were
published on November 10, 2011, in Volume 37, Number 45, and on October 26,
2012, in Volume 38, Number 59, of the Florida Administrative Register. A rule
development workshop was conducted on December 5, 2011. Various interested
persons participated, including representatives of several telecommunications
companies and Florida Cable Telecommunications Association, which provides
digital home phone service in addition to cable and internet. Post-workshop
comments were submitted on December 19, 2011, from tw telecom of florida l.p. (TWTC). The Commission has jurisdiction pursuant to Sections 120.54,
350.127(2), 364.01, 364.04, and 364.163, F.S.
Discussion
of Issues
Issue 1:
Should the Commission propose the amendment of Rule
25-4.034, F.A.C., Tariffs, the adoption of Rule 25-4.0341, F.A.C., Filing of
Service Schedules, and the repeal of Rule 25-24.825, F.A.C., Price List?
Recommendation:
Yes, the Commission should propose the amendment of
Rule 25-4.034, F.A.C., the adoption of Rule 25-4.0341, F.A.C., and the repeal
of Rule 25-24.825, F.A.C, as set forth in Attachment A of this recommendation.
(Gervasi, Bates)
Staff Analysis:
Rule 25-4.034, F.A.C., Tariffs
Rule 25-4.034, F.A.C, Tariffs, requires ILECs to maintain
tariffs on file with the Commission setting forth all rates and charges for
customer services, the classes and grades of service available to subscribers,
the conditions and circumstances under which service will be furnished, and all
general rules and regulations governing the relation of customer and company. Moreover,
the rule requires ILECs to file, as an integral part of their tariffs, maps
defining their exchange service areas, specifies tariff filing conventions, and
requires ILECs to make their tariffs available for public inspection.
Consistent with the 2011 changes to Chapter 364, F.S.,
staff is recommending that Rule 25-4.034, F.A.C., be amended to require ILECs
to file tariffs for network access service only, rather than for all services.
Section 364.163, F.S., requires that “[e]ach [ILEC] shall maintain tariffs with
the [C]ommission containing the terms, conditions, and rates for each of its
network access services.” The recommended changes to the rule include filing
conventions for network access tariffs (Attachment A, page 8, lines 3-25), and
provide the option of filing network access tariffs either in hard copy format
or electronically (Attachment A, page 7, lines 14-21). The instructions for
electronic filing are set forth in the “E-Tariff Filings User Notes,” which are
included in Attachment A on pages 14-17 of this recommendation, and are
incorporated in the recommended rule amendment by reference and contained on
the Commission’s website (Attachment A, page 7, lines 17-21). No comments were
filed with respect to the recommended changes to this rule.
Rule 25-4.0341, Filing of
Service Schedules
Staff is recommending that new Rule 25-4.0341 be adopted
to implement section 364.04, F.S. Section 364.04(1), F.S., requires every
telecommunications company to “publish through electronic or physical media
schedules showing the rates, tolls, rentals, and charges of that company for
service to be offered within the state.” The 2011 Legislature eliminated from
section 364.04(1), F.S., the Commission’s authority “over the content or form
or format of such published schedules.”
New Rule 25-4.0341(1) provides limited guidance for filing
service schedules for services other than those required under Rule 25-4.034,
F.A.C., either in hard copy format or electronically (Attachment A, page 11,
lines 2-16). The instructions for electronic filing are set forth in the
“E-Tariff Filings User Notes,” which are included in Attachment A on pages 14-17
of this recommendation, are incorporated in the recommended new rule by
reference, and are contained on the Commission’s website (Attachment A, page 11,
lines 7-10).
New Rule 25-4.0341(2) requires all LECs that elect not to
file service schedules with the Commission to notify the Office of
Telecommunications of the location where such service schedules are available
to their customers (Attachment A, page 11, lines 17-19).
TWTC’s comments with respect to recommended Rule 25-4.0341
are that the instructions and requirements for the LECs to electronically file
service schedules should be available for review and comment by interested
persons prior to the implementation of the rule, and that the implementation of
Rule 25-4.0341 and the repeal of Rule 25-24.825 should be synchronized and
contemporaneous to avoid regulatory gaps and confusion. Since the time of the
workshop, staff has included the instructions and requirements for
electronically filing service schedules to the Commission’s website under
“E-Tariff Filings User Notes” (Attachment A, pages 14-17), and has incorporated
the “E-Tariff Filings User Notes” in the recommended new rule by reference.
Moreover, the proposed repeal of Rule 25-24.825 is included within this
recommendation, such that the proposal to adopt Rule 25-4.0341 will be filed
contemporaneously with the proposal to repeal Rule 25-24.825, F.A.C., if the
Commission agrees with staff’s recommendation on both rule proposals.
Rule 25-24.825, F.A.C., Price
List
Section 364.04, F.S.,
now permits telecommunications companies to either file their published
schedules of rates, tolls, rentals, and charges with the Commission or to
publish them through other reasonably publicly accessible means, including on a
website. Rule 25-24.825, F.A.C., requires CLECs to maintain current price lists
with the Commission, setting forth prices, charges, billing and payment
arrangements, and service quality levels for basic local telecommunication
services. Consistent with the statutory changes to section 364.04, F.S., staff
recommends that this rule should be repealed.
For those telecommunications companies that elect to
maintain on file with the Commission their pricing details and other
information for the provision of services, recommended Rule 25-4.0341, F.A.C., includes
filing conventions to allow for their pricing details and other information to
be filed in hard copy format, or electronically, via e-mail.
Statement of Estimated
Regulatory Costs
The Florida
Administrative Procedure Act encourages an agency to prepare a Statement of
Estimated Regulatory Costs (SERC). Section 120.54(3)(b), F.S. An agency must
prepare a SERC if the proposed rule is likely to directly or indirectly
increase regulatory costs in excess of $200,000 in the aggregate within one
year after implementation of the rule, and shall consider the impact of the
rule on small businesses, small counties, and small cities. Id.
Section 120.541(2)(a), F.S., requires a SERC to include an
economic analysis showing whether the rule, directly or indirectly, is likely
to: 1) have an adverse impact on economic growth, private sector job creation,
employment, or investment; 2) have an adverse impact on business competitiveness;
or 3) increase regulatory costs; in excess of $1 million in the aggregate
within five years after the implementation of the rule. Section 120.541(3),
F.S., requires that if the adverse impact or regulatory costs of the rule
exceed any of those criteria, the rule shall be submitted to the President of
the Senate and Speaker of the House, and may not take effect until it is
ratified by the Legislature.
The SERC prepared by staff is included as Attachment B to
this recommendation. It indicates that economic growth, private job sector
employment, investment, and business competitiveness are not expected to be
adversely impacted during the five-year period following implementation of the
rules because the recommended amendment of Rule 25-4.034, F.A.C., reduce
regulatory requirements imposed on ILECs consistent with the changes made to
Chapter 364, F.S., and because the filings referenced in recommended new Rule
25-4.0341 are optional. Based on the SERC, the recommended rules will not
require legislative ratification.
Attachment B also contains the estimated number of
individuals and entities likely to be required to comply with the rules, the
estimated cost of implementing and enforcing the rules, the estimated
transactional costs likely to be incurred by individuals and entities required
to comply with the rules, and an analysis of the impact on small businesses,
small counties, and small cities. Section 120.541(2)(b)-(e), F.S., requires
that a SERC include these considerations.
Conclusion
Based on the foregoing, staff recommends that the
Commission propose the amendment of Rule 25-4.034, the adoption of Rule
25-4.0341, and the repeal of Rule 25-24.825, F.A.C., as set forth in Attachment
A of this recommendation.
Issue 2:
Should this docket be closed?
Recommendation:
Yes, if no requests for hearing or comments are
filed, the amendment of Rule 25-4.034, adoption of Rule 25-4.0341, and repeal
of Rule 25-24.825, as proposed, should be filed for adoption with the Secretary
of State and the docket should be closed.
Staff Analysis:
Unless comments or requests for hearing are filed,
the amendment of Rule 25-4.034, adoption of Rule 25-4.0341, and repeal of Rule
25-24.825, as proposed, may be filed with the Secretary of State without
further Commission action. The docket may then be closed.
25-4.034 Network Access Tariffs.
(1) Pursuant to Section 364.163, F.S., Except
to the extent otherwise permitted by Section 364.051(5)(a), F.S., each local
exchange telecommunications company shall maintain on file with the
Commission tariffs which shall set forth all intrastate rates,
terms and conditions and charges for network access customer
services., the classes and grades of service available to
subscribers, the conditions and circumstances under which service will be
furnished, and all general rules and regulations governing the relation of
customer and company. The rates and charges for contract service arrangements
for an individual customer need not be filed where the company’s tariff
provides a description of the circumstances under which such arrangements are
offered for specified tariffed services.
(2) Filing shall mean received by the Office of
Telecommunications office of the Division of Regulatory Analysis
during normal business hours. Any tariff received by the Office of
Telecommunications Division of Regulatory Analysis after 5:00 p.m.
shall be considered filed on the next regular business day. All proposed
changes to an existing tariff shall either be filed that are submitted
by hard copy with shall be directed to the Director of the Office
of Telecommunications, Division of Regulatory Analysis, Florida
Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, FL
32399-0850 or shall be filed electronically pursuant to the instructions set
forth in the “E-Tariff Filings User Notes,” which are incorporated herein by
reference and which are available at: [hyperlink]. These instructions can also
be accessed from the Commission’s website at http://www.psc.state.fl.us/utilities/telecomm/etariffs/userinfo.aspx.
Hard copy filings and shall include an original and one (1) copy
two (2) copies of each revised tariff sheet. A letter of transmittal
shall accompany each tariff filing, which lists the included sheets, by
sheet number and revision level as specified in paragraphs (3 6)(c)-(e),
and gives a brief description of all changes. If acknowledgment of a hard copy
filing is desired, the letter of transmittal shall be sent in duplicate with a
request that the duplicate be returned and a postage paid envelope shall be
provided for that purpose.
(3) Network access tariffs shall comply with the
following conventions:
(a) Each sheet shall have a left-hand margin of at
least 3/4". All sheets and copies must be clear and legible. Tariffs shall
be in loose leaf form on 8 1/2'' × 11'' sheets, typewritten on white paper,
using one side of the paper only.
(b) Each sheet shall bear the name of the company,
as certificated with the Commission and the effective date of the sheet.
(c) Every sheet in the tariff shall be numbered.
(d) Each sheet in the tariff shall be marked
“Original Sheet” in the upper right-hand corner of the sheet. As an example:
Original Sheet No. 4, or Original Sheet No. 5.2.
(e) Revised sheets in the tariff shall be marked
with the number of the revision in the upper right-hand corner and the number
of the sheet it replaces. As an example: First Revised Sheet No. 4, Cancels
Original Sheet No. 4.
(f) The network access tariffs shall contain at a
minimum the following:
1. Table of Contents and Index. All network access
tariffs shall have a table of contents identifying the page location of each
section in the tariff.
2. Symbols Used in Tariff Filings. All symbols
shall be defined in the network access tariff. Symbols used to indicate rate
changes shall appear on the right hand side of each rate change sheet on the
same line(s) in which any change has been made. If three or more consecutive
lines of text are affected, one symbol shall be placed on the right hand margin
on the first and last lines with a vertical line connecting the two symbols.
Two or more symbols shall be placed next to each other on any line with
multiple types of changes.
3. Technical Terms and Abbreviations. This section
shall contain all company-specific technical and special terms and
abbreviations used in the network access tariff. Each company shall
file, as an integral part of its tariff, maps defining the exchange service
areas. These maps shall delineate the boundaries in sufficient detail that they
may be located in the field and shall embrace all territory included in the
certificate of convenience and necessity.
(4) Each telecommunications company shall make
available for public inspection upon request, either a printed copy or an
electronic copy of its retail tariffs.
(5) Companies shall charge only the rates and
credits contained in their tariff. If a company desires to deviate temporarily
from its normal tariffed rates and credits, the company shall file a single
tariff change reflecting the conditions of the temporary tariff change. Such
tariff provision shall include the heading “Promotion,” and shall state the
name of the promotion, a specific description of the tariffed service(s)
involved, including all applicable rates, benefits, terms, and conditions, and
the beginning and ending dates of the promotion.
(6) Tariffs shall comply with the following
conventions:
(a) Each sheet shall have a left-hand margin of at
least 3/4". All sheets and copies must be clear and legible. Tariffs
submitted in hard copy form shall be in loose leaf form on 8 1/2'' × 11''
sheets, typewritten on white paper, using one side of the paper only.
(b) Each sheet shall bear the name of the company,
as certificated with the Commission, the name and title of the issuing officer,
and the effective date of the sheet.
(c) Every sheet in the tariff shall be numbered.
(d) Each initially approved sheet in the tariff
shall be marked “Original Sheet” in the upper right-hand corner of the sheet.
As an example: Original Sheet No. 4, or Original Sheet No. 5.2.
(e) Revised sheets in the tariff shall be marked
with the number of the revision in the upper right-hand corner and the number
of the sheet it replaces. As an example:
First Revised Sheet No. 4
Cancels Original Sheet No. 4
(f) The tariffs shall contain at a minimum the
following:
1. Table of Contents and Index. All tariffs shall
have a table of contents identifying the page location of each section in the
tariff. Each section shall also be individually indexed by subject.
2. Symbols Used in Tariff Filings. Symbols used in
any proposed change to the existing tariff shall appear on the right hand side
of each sheet on the same line(s) in which any change has been made. If three
or more consecutive lines are affected, one symbol shall be placed on the first
and last lines with a vertical line connecting the two symbols. Two or more
symbols shall be placed next to each other on any line with multiple types of
changes. The symbol page shall identify all symbols used in the tariff.
3. Technical Terms and Abbreviations. This section
shall contain all technical and special terms and abbreviations used in the
tariff.
(7) With each filing, the company shall provide a
coded copy of each tariff sheet filed showing changes to the existing tariff
sheet. Changes shall be indicated by inserting and underlining new words; words
to be deleted shall be lined through with hyphens.
Rulemaking Authority 350.127(2), 364.01 FS. Law
Implemented 364.01, 364.04, 364.163 FS. History–New 3-31-76, Amended
11-29-82, Formerly 25-4.34, Amended 9-13-88, 4-16-90, 3-10-96, 1-25-09,
XX-XX-XX.
25-4.0341 Filing of Service Schedules.
(1) Telecommunications companies electing to file
service schedules with the Florida Public Service Commission shall either file
an original and one (1) hard copy of all new service schedules and proposed
changes to existing service schedules with the Director of the Office of
Telecommunications, Florida Public Service Commission, 2540 Shumard Oak
Boulevard, Tallahassee, Florida 32399-0850, or shall file electronically
pursuant to the instructions set forth in the “E-Tariff Filings User Notes,”
which are incorporated herein by reference and which are available at:
(hyperlink). These instructions can also be accessed from the Commission’s
website at http://www.psc.state.fl.us/utilities/telecomm/etariffs/userinfo.aspx.
Any schedule received by the Office of Telecommunications after 5:00 p.m. shall
be considered filed on the next regular business day. A letter of transmittal
shall accompany each filing, which lists the included sheets by sheet number
and revision level and gives a brief description of all changes. If
acknowledgment of a hard copy filing is desired, the letter of transmittal
shall be sent in duplicate with a request that the duplicate be returned and a
postage paid envelope shall be provided for that purpose.
(2) Each local telecommunications company that
elects not to file service schedules with the Commission shall notify the Office
of Telecommunications at the address listed in (1) of the location where such
service schedules are available to its customers.
Rulemaking Authority 350.127(2) FS. Law Implemented 364.04
FS. History—New XX-XX-XX.
25-24.825 Price List.
(1) Prior to providing service, each company
subject to these rules shall file and maintain with the Commission a current
price list which clearly sets forth the following information for the provision
of residential dial tone, single-line business dial tone, and dial tone with
any combination of the services included as part of basic local
telecommunications services, as defined in Section 364.02(2), F.S. If
residential dial tone, single-line business dial tone, or dial tone with any
combination of the services included as part of basic local telecommunications
service is offered on a package basis, the following information must be
provided for each package:
(a) Current prices,
(b) Customer connection charges,
(c) Billing and payment arrangements, and
(d) Levels of service quality which the company
holds itself out to provide for each service.
(2) At the company’s option, price list
information in subsection (1) above and other information concerning the terms
and conditions of service may be filed for services other than basic local
telecommunication services.
(3) A price list revision must be physically received
by the Commission’s Division of Regulatory Analysis at least one day prior to
its effective date.
(4) Price lists must be on 8 1/2 by 11 inch paper
in loose-leaf form and must utilize an ongoing page identification system which
will allow for the identification of inserted and removed pages. The color of
paper on which price lists are filed must be amenable to being clearly
photocopied on standard photocopy equipment.
(5) Complete information concerning a company’s
service offerings, rates and charges, conditions of service, service quality,
terms and conditions, service area, and subscribership information identified
by local exchange company exchange must be made available to Commission staff
upon request.
Rulemaking Authority 350.127(2) FS. Law Implemented 364.04,
364.337(5) FS. History–New 12-27-95, Amended 4-8-98, Repealed XX-XX-XX.
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E-Tariff Filings User Notes
Companies may voluntarily submit their filings either
electronically using the following instructions or via hard-copy submission.
The Commission strongly encourages the use of its e-filing system and may
transition to mandatory e-filing in the future.
“Tariff filing” is the generic term to describe all price list, service
schedule, and tariff-related filings made by incumbent and competitive local
exchange companies. They are tracked using the Telecommunications Filing
Information System (TFIS).
Prior to filing your revisions electronically, you will need to coordinate
directly with Commission staff to set your company up for e-filing tariffs.
Contact Jeff
Bates at 850-413-6538 for details and testing requirements.
Filing and Submission Format
- Companies should address all price list, service schedule,
and tariff-related filings to
- Each company must provide a specific e-mail address from
which they will originate filings and will receive automatic receipt
confirmation/rejection of the filing(s). Experience has shown the
preferred e-mail address is one which is not assigned to a specific
individual, e.g., pscfilings@yourcompany.com. This can be done through
your IT department or e-mail provider.
- Each company should provide the Commission with the
specific location or web address where company publishes its current,
complete tariff or service schedule. (This link will be included with
the company information located in the Master Commission Directory and
will be available at the Commission website.)
To be accepted by our servers, e-filings addressed to
the Commission tariff server will:
- originate from the preferred e-mail address specified by
the company, as indicated above.
- include a subject line in the e-mail which will begin
with the company code of the specific company – two letters and three
numbers (beginning with TL, TX, TA, or TY). The first five digits of the
subject line must be the company code or the filing will be
rejected by the e-tariff server and will not be “received and on file.”
- the body of the e-mail will be in the form of the
traditional transmittal letter.
- have only ONE attachment which will consist of one set
of the revised tariff or price list pages. An e-mail with more than
one attachment will be rejected.
- have the attachment in PDF Text + Image format.
- not have any spaces in the attachment filename.
E-tariff filings from
unrecognized e-mail addresses will be rejected.
Notifications/Response Confirmation
- Received filings will generate an automated response
with a unique tracking number.
- The receipt will be forwarded to the company-provided
e-mail address; it is the responsibility of the company to verify the
status of their e-filing;
- In addition, a receipt notice will be sent to an e-mail
box accessible to designated Commission staff.
- The date and time on the receipt will determine the
filing date and, in most cases, the effective date.
- E-mail receipts will replace the Commission tariff
letter for company participating in the E-Tariff program. These letters
are normally sent to the company once a filing has been reviewed and
inserted in the tariff on file at the FPSC.
- The standard language for the e-tariff receipt is:
- “Acknowledged” filings:
“Thank you for filing your tariff or price list electronically on
_____________ at _____________. Tracking number:_________________.
Your e-mail and its attached electronic filing will be opened, printed,
and entered into the Telecommunications Filing Information System
(TFIS).
If your filing was received no later than 5:00 P.M. Eastern Time on a
normal Commission workday, it will be considered "filed" on
that day. If the filing was received after 5:00 P.M. Eastern Time, or
on a weekend or State of Florida holiday, it will be considered as
filed on the next business day.
You are reminded that, pursuant to Rule 28-106.104(7)(b), F.A.C., if
you elect to file any document by electronic transmission, you are
responsible for any delay, disruption, or interruption of the
electronic signals and accept the full risk that the document may not
be properly filed as a result.
Do not reply to this automated response.”
- The basic “rejected”
filings language will include:
“This E-mail is an automated response to your Electronic Tariff filing.
Your electronic tariff filing was rejected automatically on
____________ at ____________ because
__________________________________________.
You are reminded that, pursuant to Rule 28-106.104(7)(b), F.A.C., if
you elect to file any document by electronic transmission, you are
responsible for any delay, disruption, or interruption of the
electronic signals and accept the full risk that the document may not
be properly filed as a result.
Do not reply to this automated response.”
- Reasons for automatic rejection of filings include:
a. The
filing did not include an attachment;
b. The
attached file was not in PDF format;
c. The
file name contained a space;
d. The
filing contained more than one attachment;
e. The
company code is not valid for the originating e-mail address or is not
present as the first five letters of the subject line; and
f.
The e-tariff filing did not originate from the Commission recognized
e-mail address authorized by the company; in this instance, a rejection
notice is not sent.
- All automated responses will be forwarded to designated
Commission staff members and will be maintained for future reference.
Posting of E-Tariff filing to Commission Website
The procedure for processing tariff filings electronically is essentially the
same as with hard-copy filings, only with less paper. When companies file
electronically, the procedures will be:
- The company will e-mail the tariff filing to the tariff
e-mail address;
- The tariff server will generate an automated, numbered
receipt for the e-filing made (this will note whether the filing is
accepted or rejected);
- The Tariff Clerk will log the accepted tariff filing
into Telecommunications Filing Information System (TFIS);
- The TFIS system database is available on the Commission
Website, thus making the filings available on the Internet.
- Tariff query summaries include a link to the e-tariff
filing.
Handling of replacement sheets or filings
Filings which require replacement sheets must be replaced in their entirety
on the e-tariff server. This means that if only one page must be corrected
for the filing to be correct, the complete electronic file (consisting of the
transmittal letter, legislative format if necessary and one set of the
revised sheets) must be replaced. The reason the complete package has to be
resubmitted is so the electronic file available on the Commission network and
web site is always complete and accurately reflects the filing on file with
the Commission.
- The Commission will contact the company contact and
request the filing be replaced
- ***IMPORTANT***The replacement file will be
e-mailed to the Tariff Clerk or designated staff, NOT the
e-tariff e-mail address:
- The subject line of the e-mail must include
“Replacement File for [tariff filing number]
- The attached file will follow the same format as all
e-tariff filings
- The Tariff Clerk or designated staff will replace the
file associated with the tariff number, which will in turn be available
for download from the FPSC website
EFF: 10/2102
Rules 25-4.034, 25-4.0341, F.A.C.
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Attachment B
State of Florida
Public Service Commission
Capital Circle Office Center ● 2540 Shumard Oak Boulevard
Tallahassee, Florida 32399-0850
-M-E-M-O-R-A-N-D-U-M-
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DATE:
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November 7, 2012
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TO:
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Rosanne Gervasi, Senior Attorney,
Office of the General Counsel
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FROM:
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William B. McNulty, Economic
Analyst, Division of Economic Regulation
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RE:
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Statement of Estimated Regulatory
Costs for Proposed Rule Amendment to Rule 25-4.034, F.A.C., Tariffs; Proposed
Rule 25-4.0341, F.A.C., Filing of Service Schedules; and Proposed Deletion of
Rule 25-24.825, F.A.C. Price List
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Summary of Rules
Rule 25-4.034, F.A.C., Tariffs,
currently requires each local exchange company (LEC) to maintain on file with
the Commission tariffs setting forth all rates and charges for services, the
conditions and circumstances under which service will be furnished, and all
general rules and regulations governing the relation of the customer and the company.
The rule also requires LECs to make their tariffs available for public
inspection, allows them to charge only the rates and credits contained in their
respective tariffs, and specifies tariff filing conventions. Rule 25-24.825,
F.A.C., Price List, currently requires each competitive local exchange company
to maintain on file with the Commission its pricing details and other
information for the provision of residential dial tone, single-line business
dial tone, and dial tone provided with any combination of services included as
part of basic local telecommunications service.
Draft changes to Rule 25-4.034,
F.A.C. (draft amended rule), require LECs to file tariffs for only network
access service rather than all services, consistent with the 2011 changes to
Chapter 364, F.S. The draft changes also include the option of filing tariffs
either in hard copy format or electronically on a publicly available website,
unlike the current rule which allows for only the hard copy filing option. The
draft changes include filing conventions for network access tariffs.
Draft Rule 25-4.0341, F.A.C., Filing
of Service Schedules (draft rule), provides administrative guidance to
telecommunications companies choosing to file service schedules with the
Commission. The draft rule includes a directive that each telecommunications
company choosing to not file service schedules with the Commission notify the
Commission of the location where such service schedules are available to its
customers.
The draft changes to Rule 25-4.034, draft Rule
25-4.0341, and the repeal of Rule 25-24.825, F.A.C., will not have an adverse
impact on small business, nor are they likely to directly or indirectly
increase regulatory costs in excess of $200,000 in the aggregate in the state
within one year after implementation of the rule. Therefore, the Commission is
not required to prepare a Statement of Estimated Regulatory Costs (SERC) for
these rule changes under subsections a. and b. of section 120.54(3)(b)1., F.S.
Nevertheless, because section 120.54(3)(b)1., F.S., encourages agencies to
prepare a SERC before adopting, amending, or repealing any rule other than an
emergency rule, this SERC has been prepared to address draft Rules 25-4.034 and
25-4.0341, F.A.C. This SERC does not address Rule 25-24.825, F.A.C., except
insofar as it may impact draft Rule 25-4.0341, F.A.C., because the repeal of
Rule 25-24.825, F.A.C., will clearly lower required regulatory costs given that
competitive local exchange companies will no longer be required to file service
schedules.
Economic Analysis Showing Whether the Rules Are Likely to
Have an Adverse Impact on Either Economic Growth or Business Competitiveness In
Excess of $1 Million Within 5 Years.
Subparagraph 120.541(2)(a)1, Florida
Statutes (F.S.), requires an economic analysis showing whether the draft rule
directly or indirectly is likely to have an adverse impact on economic growth,
private sector job creation or employment, or private sector investment in
excess of $1 million in the aggregate within five years after the
implementation of the rule. Similarly, Subparagraph 120.541(2)(a)2, F.S.,
requires an economic analysis showing whether the draft rule directly or
indirectly is likely to have an adverse impact on business competitiveness, including
the ability of persons doing business in the state to compete with persons
doing business in other states or domestic markets, production, or innovation
in excess of $1 million in the aggregate within five years after the
implementation of the rule. The draft changes to Rule 25-4.034, F.A.C., reduce
regulatory requirements imposed on LECs, consistent with 2011 changes to
Chapter 364, Florida Statutes. The proposed reduction in regulatory
requirements is not expected to adversely impact economic growth, private job
sector employment, private sector investment, or business competitiveness
during the five year period identified in the statutes. Draft Rule 25-4.0341,
F.A.C., does not adversely impact these four measures of the economy either
because the filings referenced in the rule are optional.
Economic Analysis Showing Whether the Rules Are Likely to
Increase Regulatory Costs In Excess of $1 Million Within 5 Years
Subparagraph
120.541(2)(a)3, F.S., requires an economic analysis showing whether the draft
rule directly or indirectly is likely to increase regulatory cost, including
any transactional costs, in excess of $1 million in the aggregate within five
years after the implementation of the rule. Since draft amended Rule 25-4.034,
F.A.C., reduces LEC’s regulatory filing requirements, regulatory costs are
expected to be reduced during the five year period. In addition, LECs may
achieve lower regulatory costs under the draft amended rule by filing
electronically rather than filing hard copies, and if LECs do choose to file
hard copies, they are required only to file one copy instead of two copies as
is currently required.
Since draft Rule 25-4.0341, F.A.C., references
optional rather than mandatory telecommunications companies’ filings, the rule
is not expected to cause an increase in regulatory costs. Furthermore,
if Rule 25-24.825, F.A.C., Price Lists, is repealed and if draft Rule
25-4.0341, F.A.C., Filing of Service Schedules, becomes effective, competitive
local exchange companies will have lower required regulatory costs because they
will no longer be required to file service schedules.
Estimated Number of Entities
Required to Comply and General Description of Individuals Affected
Subparagraph
120.541.(2)(b), F.S., requires a good faith estimate of the number of
individuals and entities likely to be required to comply with the rule,
together with a general description of the types of individuals anticipated to
be affected by the rule. The number of entities which will be required to comply
with draft amended Rule 25-4.034, F.A.C., include 10 LECs. The number of
entities which will be required to comply with draft Rule 25-4.0341, F.A.C.,
include 321 telecommunications companies which consists of 10 LECs, 295
competitive local exchange companies, and 16 local service providers.
Rule Implementation and Enforcement
Costs and Impact on Revenues For The Agency and Other State and Local
Government Entities
Section
120.541(2)(c), F.S., requires a good faith estimate of the cost to the agency,
and to any other state and local government entities, of implementing and
enforcing the proposed rule, and any anticipated effect on state or local
revenues. The FPSC expects to incur reduced costs of implementing and
enforcing Rule 25-4.034, F.A.C., because the draft amended rule significantly
reduces the volume of required documentation. Under the draft amended rule,
the required tariff filing documentation by LECs containing rates, terms, and
conditions is eliminated for various types of telecommunication services, such
as local exchange service. This translates into less staff time reviewing and
maintaining documents.
The FPSC expects
to incur reduced cost of implementing and enforcing draft Rule 25-4.0341,
F.A.C., relative to the costs required prior to the 2011 changes to Chapter
364, F.S., because filings by LECs will be significantly reduced. Also,
filings currently required under Rule 25-24.825, F.A.C., if repealed, will no
longer be required for telecommunications companies which are not LECs (i.e.
CLECs and other local service providers).
Draft amended
Rule 25-4.034, F.A.C. and draft Rule 25-4.0341, F.A.C., are not expected to
impact the FPSC revenue since the tariffs are filed without filing fees. The
other means by which the draft amendment and draft rule could impact FPSC
revenue is via amendments to the telecommunications regulatory assessment fees
(RAFs), which are identified in Rule 25-4.0161, F.A.C, Regulatory Assessment
Fees; Telecommunications Companies (telecom RAF Rule). Telecommunications RAFs
per the telecom RAF Rule were reduced effective December 4, 2011, based on the
Commission’s projected telecommunications expense for FY 2012/2013, taking into
account many of the 2011 changes to Chapter 364, F.S., including expected reductions
to tariff maintenance and reviews. Therefore, no further adjustments to
telecommunications RAFs associated with the draft amended rule and draft rule
are expected.
In addition, the
draft amended Rule 25-4.034, F.A.C., and draft Rule 25-4.0341, F.A.C., are not
expected to result in any implementation or enforcement costs to other state
and local governmental entities. The draft amended rule and the draft rule are
not expected to impact state or local revenues.
Estimated Transactional Costs
to Individuals and Entities
Section
120.541(2)(d), F.S., requires a good faith estimate of the transactional costs
likely to be incurred by individuals and entities, including local government
entities, required to comply with the requirements of the rule. Since draft
changes to Rule 25-4.034, F.A.C., reduce regulatory filing requirements, LEC
regulatory costs associated with the rule are expected to be reduced. Since
draft Rule 25-4.0341, F.A.C., references filings which are optional rather than
mandatory, the draft rule is not expected to result in an increase in
regulatory costs to the telecommunications companies subject to the draft rule.
Impact On Small Businesses, Small Cities, Or Small Counties
Section
120.541.(2)(e), F.S., requires an analysis of the impact of the proposed
changes on small businesses as defined by Section 288.703, F.S., and an
analysis of the impact on small counties and small cities as defined in Section
120.52, F.S. Since the draft changes to Rule 25-4.034, the draft Rule 25-4.0341,
and the repeal of Rule 25-24.825, F.A.C., are expected to reduce regulatory
costs, the rules are expected to have no impact on small businesses, small
counties, and small cities; however, to the extent reduced regulatory costs are
passed on to customers in the form of reduced rates for services, the rules may
have a slight positive impact on these entities.
Additional Information Deemed
Useful By The Agency
None.
cc: Beth Salak
Jim Dean