User guide
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desires to purchase/lease the equipment from BellSouth instead of receiving it
from FTRI, BellSouth should be allowed to charge competitive prices consistent
with other providers of the same equipment. Indeed, there are numerous
competitive providers who are providing the same or substantially similar
equipment at prices that are below, the same or higher than the prices that
BellSouth is currently charging for the specialized
CPE
for those individuals who
decide not to obtain the specialized CPE from FTRI.
See
documents obtained
from the websites of competitive providers attached hereto as Exhibit
“E.”
18.
Based upon the Commission’s direction to the LECs to create
FTRI,
it
is quite evident that a Commission rule requiring a LEC to provision,
pursuant to tariff, specialized CPE, for lease or sale, to hearingkpeech impaired
persons, is no longer needed to protect Florida consumers and is an
unnecessary regulatory and financial burden on LECs.
No
hearing/speech
impaired persons would be prejudiced by such a finding because they can obtain
substantially similar equipment from FTRI for
free.
19. The specific facts provided above clearly demonstrate that
BellSouth suffers a substantial hardship that would justify a waiver for BellSouth.
20.
Accordingly, based upon the foregoing, BellSouth requests that the
Commission permanently waive the provisions of FPSC Rule 25-4.079(5)
requiring BellSouth to provide, pursuant to tariff, specialized CPE, for lease or
sale, at cost, to hearinglspeech impaired persons.
WHEREFORE’ BellSouth requests that, having demonstrated good
cause, the Commission waive the provisions of Rule 25-4.079(5) that require
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