Notice and Order on De-tariffing Certain Telecommunications Services


July 1, 2015


To: All Regulated Local Exchange Carriers In Maryland

During the 2015 legislative session, the Maryland General Assembly passed House Bill 472 (“Bill”) entitled “Telephone Companies – Streamlined Regulatory Requirements.” On May 12, 2015, Governor Hogan signed the Bill into law. The Bill de-tariffed certain services for all local exchange carriers in Maryland effective September 1, 2015. Specifically, the Bill detariffed the services identified in Verizon Maryland, LLC’s (“Verizon”) Price Cap Plan as “Discretionary Services” (Basket 4) and “Competitive Services” (Basket 5). Additionally, the Bill de-tariffed all services provided by all non-Verizon local exchange carriers that are similar to those in Baskets 4 and 5 of Verizon’s Price Cap Plan. Finally, the Bill directed the Maryland
Public Service Commission (“Commission”) to determine which services provided by non-Verizon local exchange carriers are similar to Basket 4 and 5 services. The requirement that carriers file and update tariffs with the Commission remains in force for all other services.

Through this Notice and Order, the Commission is making the determination that all services provided by non-Verizon local exchange carriers that are functionally equivalent to Basket 4 and 5 services shall be de-tariffed effective September 1, 2015. For reference, a list of all Verizon Basket 4 and 5 services can be downloaded in the PDF file above. Carriers who are unsure whether a service they provide is functionally equivalent to a Basket 4 or 5 service should consult with the Commission’s Staff prior to making the required filing, as referenced below.

Tariffs for Basket 4 and 5 services and all functionally equivalent services shall be withdrawn from tariffs on file with the Commission, since the Commission will not allow for the passive tariffing of de-tariffed services. Affected carriers are directed to file for withdrawal of all Basket 4 and 5 services, and all functionally equivalent services, by September 1, 2015 with 30 days Notice.

All affected carriers are directed to maintain up-to-date pricing guides of all de-tariffed services in the carrier’s publicly available website coincident with the effective date of their tariff filing withdrawing such services. Carriers shall provide the web address of that public website to the Commission Staff prior to the effective date of their tariff filing. The Commission will publish links to the pricing guides on its own website. Carriers are also directed to notify the Commission in writing of any changes to website URLs and pricing guide cites, as they occur. Finally, carriers are directed to keep records of all pricing guide changes for three years from the time the pricing guide change was made.

Failure to comply with the requirements contained in this Notice and Order will result in your company being out of compliance with the Public Utilities Article and Commission orders, and may result in enforcement actions by the Commission.

Questions regarding these requirements should be directed to Jason Cross ( Tariff filings should be addressed to David J. Collins, Executive Secretary, Maryland Public Service Commission, William Donald Schaefer Tower, 6 St. Paul Street, 16th Floor, Baltimore, Maryland 21202.