Flexibility in pricing and terms of services: Authority of PAR carrier; procedure and requirements for exercising flexibility; PAR carrier permitted to bill customer using fixed price or amount for package of services.
1. A PAR carrier may, pursuant to this section and in accordance with NRS 704.68976, exercise flexibility in the pricing, the terms or both the pricing and terms of:
(a) Any competitive service or discretionary service. The Commission shall not specify a maximum rate for any competitive service or discretionary service provided by the PAR carrier.
(b) Any package of services, which may include basic network services, competitive services, discretionary services, other essential services and services and products that are not subject to the jurisdiction of the Commission. The Commission shall not specify a maximum rate for a package of services provided by the PAR carrier.
(c) Any tariffed service, if the PAR carrier needs to exercise flexibility in the pricing, the terms or both the pricing and terms of the tariffed service in a contract for service to an individual customer, to respond to competition by one or more competitive suppliers in the market for telecommunication service for business customers. The flexibility exercised by the PAR carrier pursuant to this paragraph:
(1) May include, but is not limited to, using volume or term discounts, and modifications to tariffed terms and conditions; and
(2) May not be used to provide volume or duration discounts to rates or modifications to tariffed terms and conditions for telecommunication service for an offering made to all or any class of business customers.
2. Except as otherwise provided in this subsection, a PAR carrier may, upon 20-days’ notice to the Commission in writing, exercise flexibility in the pricing, the terms or both the pricing and terms of any service or package of services that may be subject to such flexibility pursuant to subsection 1, and the PAR carrier is exempt, with respect to the pricing of each such service or package of services, from the provisions of NRS 704.100 and 704.110 and the regulations of the Commission relating thereto. The notice must include a description in reasonable detail of:
(a) The characteristics of each service or package of services that will be subject to such flexibility;
(b) The terms and conditions applicable to each service or package of services;
(c) The nature of any limitations on the duration or geographical availability of each service or package of services;
(d) The price or prices of each service or package of services;
(e) A certificate which provides that:
(1) The PAR carrier has prepared a cost study of the price floor to support the price or prices of each service that will be subject to such flexibility or each service included in the package of services that will be subject to such flexibility; and
(2) On and after the date on which the notice is filed with the Commission, any affected person may, upon request, inspect and copy the cost study, subject to reasonable terms and conditions of any applicable confidentiality and nondisclosure agreement relating to the service or package of services; and
(f) A form of notice that will be posted by the Commission.
Ê The notice requirements of this subsection do not apply to a PAR carrier with respect to the pricing or terms of any competitive service or any package of services comprised exclusively of competitive services.
3. The price or prices of each service that is subject to flexibility pursuant to this section must not be lower than the price floor for that service. The price or prices of each package of services that is subject to flexibility pursuant to this section must not be lower than the lesser of:
(a) The sum of the price floors for each service included in the package; or
(b) The sum of the prices of the basic network services, as set forth in the tariffs of the PAR carrier, and the price floors for each of the other services included in the package.
4. Each service included in a package of services that is subject to flexibility pursuant to this section must be made available on an individual basis.
5. A PAR carrier must provide 20-days’ notice to the Commission in writing before the PAR carrier may implement any amendment or change to a service or package of services which is subject to flexibility pursuant to this section and for which the PAR carrier had previously provided notice to the Commission pursuant to subsection 2.
6. Notwithstanding any other provision of law, if a PAR carrier charges a customer a fixed price or amount for a package of services that is subject to flexibility pursuant to this section, the PAR carrier, in any bill or statement for the package of services, is permitted to specify only the fixed price or amount for the package of services and is not required to:
(a) Identify each separate service or component included in the package of services; or
(b) Specify the unit price or amount charged for each separate service or component included in the package of services.
Last modified: February 26, 2006