Minnesota Administrative Rules

7810.8805 SERVICE SUBJECT TO EMERGING COMPETITION.

Subpart 1.

General requirement to file petition.

A petition to classify a noncompetitive service as subject to emerging competition must be filed under this part.

Subp. 2.

Petition information.

A petition to have a service classified as subject to emerging competition must include:

A.

a list of known alternative providers of the service available to the company's customers, the providers' affiliations with other providers, and their sizes, if known;

B.

the extent to which services are available from alternative providers in the relevant market, including identification of barriers to entry or exit from the market for the service;

C.

the ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions of service;

D.

an estimate of the company's current market share;

E.

an assessment of the ability of the market to hold prices close to cost and other economic measures of market power;

F.

an assessment of the necessity of the service to the well-being of the customer;

G.

a request either for an expedited hearing or a contested case hearing;

H.

a statement addressing the need for and means of providing notice to affected customers;

I.

an assessment of whether alternative services are available to over 20 percent of the company's customers for that service; and

J.

if required by Minnesota Statutes, section 237.07, a proposed price list for the service containing the rates, tolls, and charges for the service together with the rules, regulations, and classifications used in providing that service.

Subp. 3.

Service of petition.

A copy of the petition must be served on the department, the attorney general's office, and any other person designated by the commission.

Statutory Authority:

MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64

History:

16 SR 2163

Published Electronically:

August 29, 2008