Section R746-349-9 - Pricing Flexibility Revocation, Conditions, or Restrictions(1) The Commission may initiate or any interested person may request agency action for the Commission to initiate, a proceeding to revoke or impose conditions or restrictions on a telecommunications corporation's pricing flexibility as authorized by Subsection 54-8b-2.3(8).(2) A request to initiate any proceeding pursuant to Section R746-349-9 shall:(a) identify the telecommunications corporation and the public telecommunications service whose pricing flexibility the requesting person believes may be subject to revocation or imposition of conditions or restrictions;(b) the basis for the belief; and(3) A request to initiate a proceeding shall be served upon the telecommunications corporation the requesting person has identified in the request, the Division, and the Committee.(4) The telecommunications corporation against whom the request is directed and any other interested person may respond to the request in accordance with the Commission's procedural rules and standard practices.(5)(a) if a proceeding is initiated, an interested person may request to review confidential information retained by the Commission or the Division that is reasonably related to any potential grounds for revocation, conditioning, or restriction under Subsection 54-8b-2.3(8);(b) the person shall certify that it seeks to review that confidential information solely to determine whether a sufficient factual basis exists to and that the confidential information will not be used for any other purpose or disclosed to any person who may be able to use the confidential information in business decisions to any person's competitive advantage; and(c) before disclosing any confidential information, the Commission or the Division: (i) shall require the requesting person to execute an appropriate non-disclosure agreement;(ii) shall notify any telecommunications corporation whose company-specific information would be disclosed of the request at least 14 calendar days before the planned date for disclosing the information; and(iii)(A) shall not disclose the company-specific information of any telecommunications corporation that objects todisclosure of its confidential information, if the telecommunications corporation files with the Commission or Division and serves upon other parties an objection to the disclosure of the confidential information within ten calendar days after receiving the notice required by Subsection R746-349-9(5)(c)(ii); and(B) the Commission shall conduct a hearing at which the telecommunications corporation whose confidential information may be disclosed is given the opportunity to present its objections or request terms and conditions for disclosure and during which other parties may respond to the telecommunications corporation whose confidential information is sought to be disclosed.(6) In any proceeding conducted, the Commission will enter an appropriate protective order to ensure protection for confidential, proprietary, and competitively sensitive information that has been or is provided to the Commission, the Division, the Committee, or another party to the proceeding.(7) Nothing in this rule limits the ability of any person or the Commission to raise or address any issue in any other proceeding or as permitted by law.Utah Admin. Code R746-349-9
Amended by Utah State Bulletin Number 2022-23, effective 11/21/2022