Discussion

Under §1708.5, the Commission will consider proposed regulations that apply to a generic type of service or activity regulated by the Commission. In this instance, the rule proposed is designed to address problems that specifically concern one carrier at a specific geographic location. Such carrier specific concerns are not appropriate subject matter for a Petition, which is supposed to propose rules of general applicability.

Even assuming that an industry-wide problem existed, existing law or Commission orders or Rules already prohibit the matters forming the gravamen of Starline's complains.³ Generally, a proposed rule that is duplicative of any law, order or rule of the Commission is not appropriate subject matter for a Petition. Specific carrier concerns regarding violations of any provision of an existing law or any order or rule of the Commission should be pursued through the Commission's complaint procedure, local police enforcement, or the courts. Establishing new rules duplicative of existing laws is counterproductive. However, this statement should not be read to mean that the Commission would never consider or grant a Petition to modify an existing Commission rule. As a condition to reconsidering an existing Commission rule, a Petition should at a minimum review all applicable existing laws and rules and also allege that an existing rule is not accomplishing the intended effect or that changes have occurred in the regulatory environment that warrant change. The Petition before us does neither. The Petition does not contain a meaningful review of pertinent laws, orders or rules of the Commission or include an articulate allegation that such laws, orders or rules are inadequate.