Section 1220-04-08-.09 - CONSUMER COMPLAINTS, ANTI-COMPETITIVE COMPLAINTS, AND VIOLATIONS OF APPLICABLE STATE LAW AND AUTHORITY RULES(1) All Competing Telecommunications Service Providers shall comply with Authority Rule 1220-4-2-.09, all applicable statutes, and Authority policies regarding customer complaints and provisions of this rule.(2) Anti-competitive provisions.(a) Upon filing of any increase in a non-basic rate or establishment of a new non-basic service by a Incumbent Local Exchange Telephone Company, any interested party may file a complaint with the Authority alleging that this rate is priced below its long run incremental cost in violation of the provisions of these rules. The Authority shall require the Incumbent Local Exchange Telephone Company to file cost support justifying the challenged rate with an opportunity for the party challenging the rate to demonstrate that it violates the price floor requirements. The Authority shall allow the rate to go into effect but shall resolve the complaint within thirty (30) days of its receipt, and may order the adjustment of the rate if found to be in violation of price floor requirements and thus anti-competitive.(b) Upon the complaint of any interested party that any telecommunications service provider has violated any of the anti-competitive or discriminatory rate prohibitions found in applicable rules or statutes, the Authority shall investigate the complaint and may convene a contested case proceeding if such complaint is found to have merit. However, the complaining party must allege with specificity the action by the telecommunications service provider that appears to be in violation of said prohibitions or the complaint is subject to dismissal by the Authority.(c) All Incumbent Local Exchange Telephone Companies subject to price cap regulation shall be required to do the following:1. Utilize consistent cost methods so that it does not apply different unit costs to network capabilities that are used to furnish monopoly services than it applies to those used to furnish competitive services.2. Impute to its competing service(s) the tariffed rates for essential elements utilized by Competing Telecommunications Service Providers plus the total long run incremental costs of all other elements composing the Incumbent Local Exchange Telephone Company's competing service(s).3. Adhere to all other anti-competitive provisions found in this Rule Chapter pertaining to the provision of nondiscriminatory interconnection with other providers under reasonable terms and conditions, the compliance with price floor and cost imputation restrictions on the pricing of competitive services, and compliance with applicable tariff and special contract provisions.(d) Any party, service provider, or consumer may file a discrimination claim with the Authority regarding any service or rate. Any similarly situated customer (individual or other provider) who is denied upon request the same contractual provisions or rate or service offered to other customers may file a complaint with the Authority for appropriate resolution. Such resolution may include imposition of a fine for willful violations.(3) Violation of state law or the Authority's rules applicable to providers certificated pursuant to this Rule Chapter may result in the imposition of fines or the revocation of the provider's certificate in accordance with the following procedure.(a) If the Authority has cause to believe that any provider certificated pursuant to this rule chapter is in violation of an Authority rule, applicable decision or state law, it shall notify the provider of the alleged violation and include copies of any documents supporting the alleged violation.(b) The provider shall have thirty (30) days from receipt of the notice of violation to provide a written response to the Authority.(c) If after receipt and review of the response it is found to be unsatisfactory, the Authority may issue a Show Cause Order pursuant to T.C.A. § 65-2-106.(d) After hearing and upon determination that a provider is in violation of a statute, Authority rules or applicable decisions, the Authority may impose fines, revoke the provider's certificate or take any other appropriate action as authorized by law.Tenn. Comp. R. & Regs. 1220-04-08-.09
Original rule filed April 15, 1998; effective June 15, 1998. Editorial changes made by the Secretary of State pursuant to Public Chapter 305 of 1995; "Commission" and references to the "Commission" were changed to "Authority" and references to the "Authority"; effective March 28, 2003.Authority: T.C.A. §§ 65-4-114, 65-4-115, 65-4-117, 65-2-106, 65-3-105, and 65-4-120.