§ 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) [Reserved]

   (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;  77 FR 57523 , Sept. 18,
   2012]

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

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