Industry Rule 7. Advice Letter Review

A Utility submitting an advice letter shall designate the appropriate tier, based on the content of the advice letter. A Tier 1 or Tier 2 advice letter is subject to disposition under General Rule 7.6.1; a Tier 3 advice letter is subject to disposition under General Rule 7.6.2.

7.1 Matters Appropriate to a Tier 1 Advice Letter

(Effective Pending Disposition)

A Utility submitting an advice letter in Tier 1 must comply with the applicable customer notice requirements, as set forth in Industry Rules 3 to 3.3 and as referenced in (1) to (16) of this Industry Rule, and the advice letter may be returned without filing if the Utility has not complied. Pursuant to General Rule 5.6(7), the Utility shall document its compliance with applicable customer notice requirements; if an advice letter accepted for filing is found not to have been noticed in compliance with these requirements, Staff will reject the advice letter.

(1) An editorial change to the text of a tariff that does not affect a rate, charge, term, or condition under the tariff.

(2) A change to the name of a product or service.

(3) A Compliance Advice Letter, unless the Commission order directing the submission of the advice letter specifies another tier.

(4) An exchange area boundary realignment that does not result in an increase to a rate or charge or in a more restrictive term or condition.

(5) A contract for a tariffed service by an interexchange carrier, competitive local carrier, or NRF-LEC, which contract meets the requirements of Industry Rule 8.2 et seq.

(6) A contract for a tariffed service by a GRC-LEC, if (i) the contract repeats the rates, charges, terms, and conditions of a NRF-LEC's contract, (ii) the contract involves a service for which the GRC-LEC concurs in that NRF-LEC's corresponding tariff, and (iii) the GRC-LEC participates in the intercompany settlement pool. Any such contract shall meet the requirements of Industry Rules 8.2 to 8.2.3. This procedure for submitting such a contract for approval by a Tier 1 advice letter is available only so long as the intercompany settlement pool is available.

(7) A change by an interexchange carrier or a competitive local carrier to a rate, charge, term, or condition (not including an exchange area boundary realignment, as described in Industry Rules 7.2(2) and 7.3(4)), which change has been noticed in compliance with Industry Rules 3 and 3.3 (as applicable).

(8) A change by a NRF-LEC to a rate or charge for a Category II Service, which change has been noticed in compliance with Industry Rules 3 and 3.3 (as applicable), and is at or within the applicable Price Floor and Ceiling.

(9) A change by a NRF-LEC to (i) a Wholesale Service rate or charge, if the change has been noticed in compliance with Industry Rules 3 and 3.3 (as applicable), and such rate or charge is linked to a tariffed Category II Service rate or charge by a discount adopted by the Commission, or (ii) a Wholesale Service term or condition, if the change has been noticed in compliance with Industry Rules 3 and 3.3 (as applicable), and such term or condition incorporates a term or condition approved by the Commission for the corresponding Category II Service.

(10) A change by a NRF-LEC to a rate, charge, term, or condition for a Category III Service, which change has been noticed in compliance with Industry Rules 3 and 3.3 (as applicable).

(11) A New Service of an interexchange carrier, which service meets the requirements of Industry Rule 8.3.

(12) A new Promotional Offering, or continuation of a Promotional Offering, by a GRC-LEC or NRF-LEC for which there is a Commission-approved Promotional Platform (see Industry Rule 7.3(10)).

(13) A new Promotional Offering, or continuation of a Promotional Offering, by a competitive local carrier or interexchange carrier.

(14) Freezing of Service (not including a Freezing subject to Industry Rule 7.3(3) or 7.4(1)) by a competitive local carrier or interexchange carrier.

(15) Freezing of a Category III Service (not including a Freezing subject to Industry Rule 7.3(3) or 7.4(1)) by a NRF-LEC.

(16) A change to a tariff for an existing service by a GRC-LEC, which change has been noticed in compliance with Industry Rules 3 and 3.3 (as applicable), and adopts without modification the corresponding tariff of a NRF-LEC.

7.2 Matters Appropriate to a Tier 2 Advice Letter

(Effective After Staff Approval)

A Utility submitting an advice letter in Tier 2 must comply with the applicable customer notice requirements, as set forth in Industry Rules 3 to 3.3 and as referenced in (1) to (6) of this Industry Rule, and the advice letter may be returned without filing if the Utility has not complied. Pursuant to General Rule 5.6(7), the Utility shall document its compliance with applicable customer notice requirements; if an advice letter accepted for filing is found not to have been noticed in compliance with these requirements, Staff will reject the advice letter.

(1) A New Service of a GRC-LEC, NRF-LEC, or competitive local carrier, where the New Service complies with Industry Rule 8.3.

(2) An exchange area boundary realignment by a Utility other than a Carrier of Last Resort, which realignment results in an increase to a rate or charge or in a more restrictive term or condition, and has been noticed in compliance with Industry Rules 3 and 3.3 (as applicable).

(3) A Withdrawal or Freezing of Service (not including a Withdrawal or Freezing subject to Industry Rule 7.1(14), 7.1(15), 7.3(3), 7.3(11), or 7.4(1)), where the Withdrawal has been noticed in compliance with Industry Rules 3 and 3.2.

(4) Detariffing by an interexchange carrier that is not affiliated with a GRC-LEC or NRF-LEC.

(5) Request to Transfer by an interexchange carrier or a competitive local carrier. (See Industry Rule 8.6.2.)

(6) An advice letter otherwise appropriate to Tier 1 but for which the Utility submitting the advice letter requests review and disposition under Tier 2.

7.3 Matters Appropriate to a Tier 3 Advice Letter

(Effective After Commission Approval)

A Utility submitting an advice letter in Tier 3 must comply with the applicable customer notice requirements, as set forth in Industry Rules 3 to 3.3 and as referenced in (1) to (12) of this Industry Rule, and the advice letter may be returned without filing if the Utility has not complied. Pursuant to General Rule 5.6(7), the Utility shall document its compliance with applicable customer notice requirements; if an advice letter accepted for filing is found not to have been noticed in compliance with these requirements, Staff will reject the advice letter.

(1) A matter appropriate to an advice letter but not subject to review and disposition under Tier 1 or Tier 2. (See General Rule 5.1.)

(2) A negotiated interconnection agreement pursuant to Section 252 of the Telecommunications Act of 1996 (47 USC § 252). (See Industry Rule 8.1.)

(3) Withdrawal or Freezing of Basic Service (or service element thereof) or of Wholesale Service where a Carrier of Last Resort continues to offer such service within the affected area. In the case of a Withdrawal, it shall have been noticed in compliance with Industry Rules 3 and 3.2, and shall meet all applicable requirements of Industry Rule 8.5.

(4) An exchange area boundary realignment by a Carrier of Last Resort, which realignment results in an increase to a rate or charge or in a reduction in service to existing customers, and has been noticed in compliance with Industry Rules 3 and 3.3 (as applicable).

(5) Except for a change appropriate for review and disposition under Industry Rule 7.1(8) or 7.1(12), a change for a Category II Service by a NRF-LEC to the applicable Price Floor or Ceiling, or to a term or condition, which change has been noticed in compliance with Industry Rules 3 and 3.3 (as applicable).

(6) An annual update by a NRF-LEC to its Commission-adopted price cap.

(7) Except for a change appropriate for review and disposition under Industry Rule 7.1(12) or 7.1(16), a change by a GRC-LEC to a rate, charge, term, or condition, which change has been noticed in compliance with Industry Rules 3 and 3.3 (as applicable).

(8) An update by a GRC-LEC regarding its allocation from the high cost fund.

(9) A contract for a tariffed service by a GRC-LEC, except for a contract appropriate for review and disposition under Industry Rule 7.1(6).

(10) A Promotional Platform of a GRC-LEC or NRF-LEC.

(11) Except where review in a formal proceeding is required by Industry Rule 7.4(1), Withdrawal or Freezing of Service by a GRC-LEC. In the case of a Withdrawal, it shall have been noticed in compliance with Industry Rules 3 and 3.2, and shall meet all applicable requirements of Industry Rule 8.5.

(12) Emergency service pursuant to General Rule 8.2.3.

7.4 Matters Requiring Review in a Formal Proceeding

Staff will reject without prejudice an advice letter that requests relief or raises issues requiring an evidentiary hearing or otherwise requiring review in an application or other formal proceeding. (See General Rules 5.2, 5.4.) Matters requiring such review include, but are not limited to:

(1) Withdrawal or Freezing of Basic Service (or service element thereof) or Wholesale Service where no Carrier of Last Resort continues to offer such service within the affected area. In the case of a Withdrawal, it shall have been noticed in compliance with Industry Rules 3 and 3.2, and shall meet all applicable requirements of Industry Rule 8.5.

(2) Detariffing by a GRC-LEC, NRF-LEC, competitive local carrier, or an interexchange carrier that is affiliated with a GRC-LEC or NRF-LEC.

(3) Request by a NRF-LEC to change (i) a rate, charge, term, or condition of a Category I Service, or (ii) the category of a Category I, II, or III Service.

(4) Request for operating authority or for authority to expand service area.

(5) Request to Transfer by a GRC-LEC or NRF-LEC.