Ala. Admin. Code r. 770-X-5-.29
Current through Register Vol. 43, No. 02, November 27, 2024
Section 770-X-5-.29 - Rural Telephone Company Exemptions, Suspensions, And Modification(1) Exemptions (a) Subject to certain limitations, §251(f) of the Telecommunications Act of 1996 exempts rural telephone companies from the obligations of §251(c) of the 1996 Act until (i) such company has received a bona fide request for interconnection, services, or network elements, and (ii) this Commission determines that such request is not unduly economically burdensome; is technically feasible; and is consistent with §254 of the 1996 Act (other than subsections (b)(7) and (b) Any party making a bona fide request of a rural telephone company for interconnection, services, or network elements shall simultaneously submit an original and ten (10) copies of its request to the Secretary of the Commission.(c) Upon receiving the notification specified above, the Commission may, at its discretion, establish a hearing for purposes of determining whether the request is unduly economically burdensome; is technically feasible; and is consistent with §254 of the 1996 Act (other than subsections (b)(7) and (c)(1)(D) thereof.)(d) The Commission shall render its determination as to whether the rural telephone company's exemption shall be terminated within 120 days from the date the notice of the request for interconnection services or network elements was received by the Commission. Should the exemption be terminated, the Commission shall establish an implementation schedule for compliance with the request that is consistent in time and manner with any regulations of the Federal Communications Commission.(2) Suspensions and Modifications(a) Pursuant to §251 (f)(2) of the Telecommunications Act of 1996, local exchange carriers in Alabama with fewer than two (2) percent of the nation's subscriber lines installed in the aggregate nationwide may petition the Commission for a suspension or modification of the application of a requirement or requirements of subsection (b) or (c) of §251 to telephone exchange service facilities specified in such a petition. The original and ten (10) copies of such a petition shall be filed with the Secretary of the Commission, with simultaneous service on all parties on the Commission's telecommunications service list. Said service to be demonstrated by a proper certificate of service.(b) Within twenty (20) days of the filing of such a petition with the Commission, interested parties may file responsive comments thereto.(c) At its discretion, the Commission may establish a hearing on the petition for suspension and/or modification.(d) The Commission will grant such a petition to the extent that, and for such duration as, the Commission determines that such suspension or modification: 1. is necessary: (i) to avoid a significant adverse, economic impact on users of telecommunications services generally;(ii) to avoid imposing a requirement that is unduly, economically burdensome; or(iii) to avoid imposing a requirement that is technically infeasible; and2. is consistent with the public interest, convenience and necessity.(e) The Commission's final decision on a petition for suspension or modification shall be entered within 180 days from the date such petition is received by the Commission. Pending such a decision, the Commission may, by interim order, suspend the enforcement of the requirement or requirements to which the petition applies with respect to the petitioning carrier or carriers.Ala. Admin. Code r. 770-X-5-.29
Effective March 1993. Amended October 1996. Filed with LRS February 5, 2013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to the Code of Ala. 1975, § 41-22-7.Author: Alabama Public Service Commission
Statutory Authority:Code of Ala. 1975, §§ 37-1-38, 37-2-3.