In the Matter of the Commission, on Its Own Motion, Seeking to Amend Title 291, Chapter

RULE AND REGULATION NO. 177PAGE1

In the Matter of the Commission, on its own motion, seeking to amend Title 291, Chapter 5, Telecommuni-cations Rules and Regulations, to adopt rules regarding filing of agreements containing terms for provision of regulated telecommuni-cation services at rates or charges different from the rates and charges for such services contained in a carrier’s tariff on file with the Commission. / )
)
)
)
)
)
)
)
)
)
)
) / RULE AND REGULATION NO. 177
ORDER RELEASING SECOND SET OF
PROPOSED RULES AND NOTICE OF HEARING
Entered: February 1, 2011

BY THE COMMISSION:

O P I N I O N A N D F I N D I N G S

On September 8, 2010, the Nebraska Public Service Commission (Commission), on its own motion, opened the above-captioned proceeding to amend Title 291, Chapter 5, Telecommunications Rules and Regulations, to adopt rules regarding filing of agreements containing terms for provision of regulated telecommunication services at rates or charges different from the rates and charges for such services contained in a carrier’s tariff on file with the Commission.

The Commission released a first set of proposed rules and requested comments from interested parties. Comments were timely received from AT&T Communications of the Midwest, Inc. and TCG Omaha, Inc., Cox Nebraska Telecom, Verizon, the Rural Telecommunications Coalition of Nebraska, the Rural Independent Companies, Citizens Telecommunications Company of Nebraska d/b/a Frontier Communications of Nebraska, United Telephone Company of the West d/b/a CenturyLink, and the Nebraska Telecommunications Association. Based upon the comments received, revisions to the proposed rules have been made and a Second Set of Proposed Rules and Regulations attached hereto as Appendix A is released for comment.

Changes made to the First Set of Proposed Rules and Regulations originally released on September 8, 2010, include: limiting the applicability of the proposed provisions to switched access services and switched access service contracts, adding additional language regarding the scope of the access tariff provisions that are to be included in an access tariff or special contract, and increasing the time period in which a carrier must either update its special contracts list in its tariff or file an executed copy of the contract containing the provisions that differ from the carrier’s tariff.

The Commission finds that this matter should be set for hearing on Tuesday, March 15, 2011, at 1:30 p.m. in the Commission Hearing Room, 300 The Atrium, 1200 ‘N’ Street, Lincoln, Nebraska. Any interested parties wishing to file written testimonyor comments prior to the hearing should do so no later than 5:00 p.m. on March 9, 2011. Parties filing written testimony or comments should file one original and eight (8) paper copies along with one electronic copy emailed to and . Prefil-ing written testimony or comment is optional and not required to present testimony at the hearing.

If auxiliary aids or reasonable accommodations are needed for attendance at the meeting, please call the Commission at (402) 471-3101. For people with hearing/speech impairments, please call the Commission at (402) 471-0213 (TDD) or the Nebraska Relay System at (800) 833-7352 (TDD) or (800) 833-0920 (Voice). Advance notice of at least seven days is needed when requesting an interpreter.

O R D E R

IT IS THEREFORE ORDERED by the Nebraska Public Service Commission that the Second Set of Proposed Rules attached hereto as Appendix A is released for comment.

IT IS FURTHER ORDERED that interested parties wishing to file written testimony or comment do so on or before5:00 p.m.,March 9, 2011. Commenting parties shall file one original and eight (8) paper copies along with one electronic copy emailed to and .

IT IS FINALLY ORDERED that this matter be set for hearing on March 15, 2011, at 1:30 p.m.in the Commission Hearing Room, 300 The Atrium, 1200 ‘N’ Street, Lincoln, Nebraska.

MADE AND ENTERED at Lincoln, Nebraska, this 1stday of February, 2011.

NEBRASKA PUBLIC SERVICE COMMISSION

COMMISSIONERS CONCURRING:

Chairman

ATTEST:

Executive Director

APPENDIX

Amendments to Nebraska Administrative Code, Title 291, Chapter 5, Telecom-munications Rules and Regulations:

002.21 Tariff to be Filed with the Commission: No exchange carrier shall offer access line service to the public, except pursuant to its tariff filed with the Commission. The provisions of such tariff shall be definite and so worded as to minimize ambiguity or the possibility of misinterpretation and shall include, together with such other informa-tion as may be deemed pertinent, the following:

002.21A A list of the exchanges or a separate sheet for each exchange showing the rates and charges for local exchange access line service at those exchanges.

002.21B A map or maps of each exchange showing the various rate areas if applicable.

002.21C Information as to the extended area access line service furnished.

002.21D Definitions of classes of access line service.

002.21E Rules for extending access line service to new customers indicating what portion of the line extension or the cost thereof will be furnished by the exchange carrier.

002.21F RulesTerms and conditionsgoverning foreign exchange access line service (where offered) and all other access line service offerings together with the corresponding rates and charges.

002.21G RulesTerms and conditionsgoverning the establishment or re-establishment of access line service including credit requirements which are consistent with section 02.19A.

002.21H RulesTerms and conditiongoverning the procedures followed in disconnecting and reconnecting access line service.

002.21I RulesTerms and conditionsgoverning the billing procedures and payment requirements.

002.21J Switched Access Service: For switched access service offered by a carrier, the tariff of the carrier shall set out the rates, charges, regulations, terms, and conditions applicable to the switched access service. Except as provided in rule 002.21K, no carrier shall:

002.01J1 Charge, demand, collect, or receive a greater or less or different compensation for access service, or for any service in connection therewith, than the charges specified in its tariff in effect and duly filed with the Commission;

002.01J2 Refund or remit by any means or device any portion of the charges so specified; or

002.01J3 Extend to any person any privileges or facilities in the provision of access services, or employ or enforce any classifications, regulations, or practices affecting such charges, except as specified in such tariff.

002.21K Special Contracts For Switched Access Service: A carrier may offerswitched access services under a contract that charges, demands, collects or receives a greater, lesser, or different compensation than the rates, fares, and charges specified in its switched access tariff in effect at the time, but shall file a copy of such contract pursuant to rule 002.21L or maintain an up-to-date summary list of all such contracts in its switched access tariff schedules. The list shall be entitled, “Switched Access Service Special Contracts” and shall designate switched access service contracts with deviations and show at least the following information regarding each contract:

002.21K1 The name and location of each party to the contract other than carrier filing the tariff;

002.21K2 The execution and expiration dates;

002.21K3 State the schedule number of the comparable switched access tariff by and summarize the differences between the switched access tariff provisions and the contract;

002.21L A carrier may file a copy of the executed contract containing deviations from its switched access tariff within thirty (30) business days after execution instead of updating or maintaining a list pursuant to section 002.21K.