§733.130. Application for Waiver  


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  • a)         An ILEC may petition under Section 13-517(b) of the Act [220 ILCS 5/13-517(b) for a full or partial waiver of the requirements of Section 13-517(a) of the Act.

     

    b)         A verified petition for a waiver submitted pursuant to Section 13-517(b) of the Act shall include, at a minimum, the following information:

     

    1)         A description of the ILEC’s service territory for which waiver is sought, identification of each exchange for which waiver is sought, and the number of potentially affected customers;

     

    2)         The identification of the specific conditions or provisions of Section 13-517(b) under which waiver is sought;

     

    3)         All information required by Section 733.40, utilizing the most recent information available as of the date the petition is filed; and

     

    4)         A copy of notices required by Section 733.110.

     

    c)         Applicants requesting a full waiver of the requirements of Section 13-517(a) pursuant to the terms of Section 13-517(b)(1)(A), 13-517(b)(1)(B), or 13-517(b)(1)(D) of the Act [220 ILCS 5/13-517(b)(1)(A), (B), and (D)] shall provide, in addition to the information required under subsection (b), the following information:

     

    1)         Projected costs of providing the advanced telecommunications services required by Section 13-517(a) of the Act in its entire serving territory;

     

    2)         Projected revenues associated with provision of the advanced telecommunications services required by Section 13-517(a) of the Act in its entire serving territory;

     

    3)         Pro-forma financial statements both with and without the effects of providing the advanced telecommunications services required by Section 13-517(a) of the Act; and

     

    4)         The principal assumptions used in preparing the information required by subsections (c)(1)-(3).

     

    d)         Applicants requesting a partial waiver of the requirements of Section 13-517(a) pursuant to the terms of Section 13-517(b)(1)(A), 13-517(b)(1)(B), or 13-517(b)(1)(D) of the Act shall provide, in addition to the information required under subsection (b), the following information:

     

    1)         Projected costs of providing the advanced telecommunications services required by Section 13-517(a) of the Act for those exchanges, territories, or customers for which a waiver is requested;

     

    2)         Projected revenues associated with provision of the advanced telecommunications services required by Section 13-517(a) of the Act for those exchanges, territories, or customers for which a waiver is requested;

     

    3)         Pro-forma financial statements both with the effects of full compliance with Section 13-517(a) of the Act and with the effects of the requested partial waiver of the requirements of Section 13-517(a) of the Act; and

     

    4)         The principal assumptions used in preparing the information required by subsections (d)(1)-(3).

     

    e)         Applicants requesting a full or partial waiver of requirements of Section 13-517(a) of the Act pursuant to the terms of Section 13-517(b)(1)(C) of the Act [220 ILCS 5/13-517(b)(1)(C)] shall provide, in addition to the information required by subsection (b), a description of any technical factors that prevent advanced ser­vices from being deployed. This description shall include, but not be limited to, a description and technical analysis of outside plant facilities and central office equipment.