5/9/07 N.Y. St. Reg. PSC-19-07-00006-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed action:
The commission is considering whether to approve a framework proposed by staff of the Department of Public Service for measuring the competitive pressure on New York's incumbent local exchange carriers.
Statutory authority:
Public Service Law, sections 94(2), 97
Subject:
Granting incumbent local exchange carriers rate flexibility and other possible relief.
Purpose:
To consider Department of Public Service white paper on commission's own motion.
Substance of proposed rule:
The Commission is considering whether to approve a framework proposed by staff of the Department of Public Service for measuring the competitive pressure on New York's Incumbent Local Exchange Carriers.
The White Paper is available on the Department of Public Service's website (
www.dps.state.ny.us).
The framework measures the competitiveness of the environment in which the Incumbent Local Exchange Carriers operate. The framework provides the Commission with data on the presence of competitors in the Carrier's territory, the Carrier's financial performance, the Carrier's investments in its own network, and the Carrier's operating efficiency. The Commission can then balance the data to measure the competitive pressure on the carrier to determine if rate flexibility and/or other regulatory relief might be warranted. The Commission may approve or reject, in whole or in part, or modify the framework proposed by Department staff.
Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.state.ny.us/f96dir.htm. For questions, contact:
Central Operations, Public Service Commission, Bldg. 3, Empire State Plaza, Albany, NY 12223-1350, (518) 474-2500
Data, views or arguments may be submitted to:
Jaclyn A. Brilling, Secretary, Public Service Commission, Bldg. 3, Empire State Plaza, Albany, NY 12223-1350, (518) 474-6530
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Statements and analyses are not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.
