§269-16.9  Telecommunicationsproviders and services.  (a)  Notwithstanding any provision of this chapterto the contrary, the commission, upon its own motion or upon the application ofany person, and upon notice and hearing, may exempt a telecommunicationsprovider or a telecommunications service from any or all of the provisions ofthis chapter, except the provisions of section 269-34, upon a determinationthat the exemption is in the public interest.  In determining whether anexemption is in the public interest, the commission shall consider whether theexemption promotes state policies in telecommunications, the development,maintenance, and operation of effective and economically efficienttelecommunications services, and the furnishing of telecommunications servicesat just and reasonable rates and in a fair manner in view of the needs of thevarious customer segments of the telecommunications industry.  Among thespecific factors the commission may consider are:

(1)  The responsiveness of the exemption to changes inthe structure and technology of the State's telecommunications industry;

(2)  The benefits accruing to the customers and usersof the exempt telecommunications provider or service;

(3)  The impact of the exemption on the quality,efficiency, and availability of telecommunications services;

(4)  The impact of the exemption on the maintenance offair, just, and reasonable rates for telecommunications services;

(5)  The likelihood of prejudice or disadvantage toratepayers of basic local exchange service resulting from the exemption;

(6)  The effect of the exemption on the preservationand promotion of affordable, universal, basic telecommunications services asthose services are determined by the commission;

(7)  The resulting subsidization, if any, of theexempt telecommunications service or provider by nonexempt services;

(8)  The impact of the exemption on the availabilityof diversity in the supply of telecommunications services throughout the State;

(9)  The improvements in the regulatory system to begained from the exemption, including the reduction in regulatory delays andcosts;

(10)  The impact of the exemption on promotinginnovations in telecommunications services;

(11)  The opportunity provided by the exemption fortelecommunications providers to respond to competition; and

(12)  The potential for the exercise of substantialmarket power by the exempt provider or by a provider of the exempttelecommunications service.

(b)  The commission shall expedite, wherepracticable, the regulatory process with respect to exemptions and shall adoptguidelines under which each provider of an exempted service shall be subject tosimilar terms and conditions.

(c)  The commission may condition or limit anyexemption as the commission deems necessary in the public interest.  Thecommission may provide a trial period for any exemption and may terminate theexemption or continue it for such period and under such conditions andlimitations as it deems appropriate.

(d)  The commission may require a telecommunicationsprovider to apply for a certificate of public convenience and necessitypursuant to section 269-7.5; provided that the commission may waive anyapplication requirement whenever it deems the waiver to be in furtherance ofthe purposes of this section.  The exemptions under this section may be grantedin a proceeding for certification or in a separate proceeding.

(e)  The commission may waive other regulatoryrequirements under this chapter applicable to telecommunications providers whenit determines that competition will serve the same purpose as public interestregulation.

(f)  If any provider of an exempttelecommunications service or any exempt telecommunications provider elects toterminate its service, it shall provide notice of this to its customers, thecommission, and every telephone public utility providing basic local exchangeservice in this State.  The notice shall be in writing and given not less thansix months before the intended termination date.  Upon termination of service bya provider of an exempt service or by an exempt provider, the appropriatetelephone public utility providing basic local exchange service shall ensurethat all customers affected by the termination receive basic local exchangeservice.  The commission shall, upon notice and hearing or by rule, determinethe party or parties who shall bear the cost, if any, of access to the basiclocal exchange service by the customers of the terminated exempt service.

(g)  Upon the petition of any person or uponits own motion, the commission may rescind any exemption or waiver grantedunder this section if, after notice and hearing, it finds that the conditionsprompting the granting of the exemption or waiver no longer apply, or that theexemption or waiver is no longer in the public interest, or that thetelecommunications provider has failed to comply with one or more of theconditions of the exemption or applicable statutory or regulatory requirements.

(h)  For purposes of this section, thecommission, upon determination that any area of the State has less thanadequate telecommunications service, shall require the existingtelecommunications provider to show cause as to why the commission should notauthorize an alternative telecommunications provider for that area under theterms and conditions of this section. [L 1990, c 49, §2; am L 1994, c 80, §3;am L 1995, c 225, §6]