§  1.774   Pricing flexibility.

   (a) Petitions. (1) A petition seeking pricing flexibility for specific
   services pursuant to part 69, subpart H, of this chapter, with respect
   to a metropolitan statistical area (MSA), as defined in § 22.909(a) of
   this chapter, or the non-MSA parts of a study area, must show that the
   price cap LEC has met the relevant thresholds set forth in part 69,
   subpart H, of this chapter.

   (2) The petition must make a separate showing for each MSA for which
   the petitioner seeks pricing flexibility, and for the portion of the
   study area that falls outside any MSA.

   (3) Petitions seeking pricing flexibility for services described in
   § § 69.709(a) and 69.711(a) of this chapter must include:

   (i) The total number of wire centers in the relevant MSA or non-MSA
   parts of a study area, as described in § 69.707 of this chapter;

   (ii) The number and location of the wire centers in which competitors
   have collocated in the relevant MSA or non-MSA parts of a study area,
   as described in § 69.707 of this chapter;

   (iii) In each wire center on which the price cap LEC bases its
   petition, the name of at least one collocator that uses transport
   facilities owned by a provider other than the price cap LEC to
   transport traffic from that wire center; and

   (iv)(A) The percentage of the wire centers in the relevant MSA or
   non-MSA area, as described in § 69.707 of this chapter, in which
   competitors have collocated and use transport facilities owned by a
   provider other than the price cap LEC to transport traffic from that
   wire center; or

   (B) The percentage of total base period revenues generated by the
   services at issue in the petition that are attributable to wire centers
   in the relevant MSA or non-MSA area, as described in § 69.707 of this
   chapter, in which competitors have collocated and use transport
   facilities owned by a provider other than the price cap LEC to
   transport traffic from that wire center.

   (4) Petitions seeking pricing flexibility for services described in
   § 69.713(a) of this chapter must make a showing sufficient to meet the
   relevant requirements of § 69.713 of this chapter.

   (b) Confidential treatment. A price cap LEC wishing to request
   confidential treatment of information contained in a pricing
   flexibility petition should demonstrate, by a preponderance of the
   evidence, that the information should be withheld from public
   inspection in accordance with the requirements of § 0.459 of this
   chapter.

   (c) Oppositions. Any interested party may file comments or oppositions
   to a petition for pricing flexibility. Comments and oppositions shall
   be filed no later than 15 days after the petition is filed. Time shall
   be computed pursuant to § 1.4.

   (d) Replies. The petitioner may file a reply to any oppositions filed
   in response to its petition for pricing flexibility. Replies shall be
   filed no later than 10 days after comments are filed. Time shall be
   computed pursuant to § 1.4.

   (e) Copies, service. (1)(i) Any price cap LEC filing a petition for
   pricing flexibility must submit its petition pursuant to the
   Commission's Electronic Tariff Filing System (ETFS), following the
   procedures set forth in § 61.14(a) of this chapter.

   (ii) The price cap LEC must provide to each party upon which the price
   cap LEC relies to meet its obligations under paragraph (a)(3)(iii) of
   this section, the information it provides about that party in its
   petition, even if the price cap LEC requests that the information be
   kept confidential under paragraph (b) of this section.

   (A) The price cap LEC must certify in its pricing flexibility petition
   that it has made such information available to the party.

   (B) The price cap LEC may provide data to the party in redacted form,
   revealing only that information to the party that relates to the party.

   (C) The price cap LEC must provide to the Commission copies of the
   information it provides to such parties.

   (2)(i) Interested parties filing oppositions or comments in response to
   a petition for pricing flexibility may file those comments through
   ETFS.

   (ii) Any interested party electing to file an opposition or comment in
   response to a pricing flexibility petition through a method other than
   ETFS must file an original and four copies of each opposition or
   comment with the Commission, as follows: the original and three copies
   of each pleading shall be filed with the Secretary, 445 12th Street,
   SW., Washington, DC 20554; one copy must be delivered directly to the
   Commission's copy contractor. Additional, separate copies shall be
   served upon the Chief, Wireline Competition Bureau and the Chief,
   Pricing Policy Division.

   (iii) In addition, oppositions and comments shall be served either
   personally or via facsimile on the petitioner. If an opposition or
   comment is served via facsimile, a copy of the opposition or comment
   must be sent to the petitioner via first class mail on the same day as
   the facsimile transmission.

   (3) Replies shall be filed with the Commission through ETFS. In
   addition, petitioners choosing to file a reply must serve a copy on
   each party filing an opposition or comment, either personally or via
   facsimile. If a reply is served via facsimile, a copy of the reply must
   be sent to the recipient of that reply via first class mail on the same
   day as the facsimile transmission.

   (f) Disposition. (1) A petition for pricing flexibility pertaining to
   special access and dedicated transport services shall be deemed granted
   unless the Chief, Wireline Competition Bureau, denies the petition no
   later than 90 days after the close of the pleading cycle. The period
   for filing applications for review begins the day the Bureau grants or
   denies the petition, or the day that the petition is deemed denied.
   Time shall be computed pursuant to § 1.4.

   (2) A petition for pricing flexibility pertaining to common-line and
   traffic-sensitive services shall be deemed granted unless the
   Commission denies the petition no later than five months after the
   close of the pleading cycle. Time shall be computed pursuant to § 1.4.

   [ 64 FR 51264 , Sept. 22, 1999, as amended at  67 FR 13223 , Mar. 21, 2002;
    71 FR 15618 , Mar. 29, 2006;  74 FR 68544 , Dec. 28, 2009]

Contracts, Reports, and Requests Required to be Filed by Carriers