§269-16.9  Telecommunications
providers and services.  (a)  Notwithstanding any provision of this chapter
to the contrary, the commission, upon its own motion or upon the application of
any person, and upon notice and hearing, may exempt a telecommunications
provider or a telecommunications service from any or all of the provisions of
this chapter, except the provisions of section 269-34, upon a determination
that the exemption is in the public interest.  In determining whether an
exemption is in the public interest, the commission shall consider whether the
exemption promotes state policies in telecommunications, the development,
maintenance, and operation of effective and economically efficient
telecommunications services, and the furnishing of telecommunications services
at just and reasonable rates and in a fair manner in view of the needs of the
various customer segments of the telecommunications industry.  Among the
specific factors the commission may consider are:



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



(2)  The benefits accruing to the customers and users
of 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 of
fair, just, and reasonable rates for telecommunications services;



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



(6)  The effect of the exemption on the preservation
and promotion of affordable, universal, basic telecommunications services as
those services are determined by the commission;



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



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



(9)  The improvements in the regulatory system to be
gained from the exemption, including the reduction in regulatory delays and
costs;



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



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



(12)  The potential for the exercise of substantial
market power by the exempt provider or by a provider of the exempt
telecommunications service.



(b)  The commission shall expedite, where
practicable, the regulatory process with respect to exemptions and shall adopt
guidelines under which each provider of an exempted service shall be subject to
similar terms and conditions.



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



(d)  The commission may require a telecommunications
provider to apply for a certificate of public convenience and necessity
pursuant to section 269-7.5; provided that the commission may waive any
application requirement whenever it deems the waiver to be in furtherance of
the purposes of this section.  The exemptions under this section may be granted
in a proceeding for certification or in a separate proceeding.



(e)  The commission may waive other regulatory
requirements under this chapter applicable to telecommunications providers when
it determines that competition will serve the same purpose as public interest
regulation.



(f)  If any provider of an exempt
telecommunications service or any exempt telecommunications provider elects to
terminate its service, it shall provide notice of this to its customers, the
commission, and every telephone public utility providing basic local exchange
service in this State.  The notice shall be in writing and given not less than
six months before the intended termination date.  Upon termination of service by
a provider of an exempt service or by an exempt provider, the appropriate
telephone public utility providing basic local exchange service shall ensure
that all customers affected by the termination receive basic local exchange
service.  The commission shall, upon notice and hearing or by rule, determine
the party or parties who shall bear the cost, if any, of access to the basic
local exchange service by the customers of the terminated exempt service.



(g)  Upon the petition of any person or upon
its own motion, the commission may rescind any exemption or waiver granted
under this section if, after notice and hearing, it finds that the conditions
prompting the granting of the exemption or waiver no longer apply, or that the
exemption or waiver is no longer in the public interest, or that the
telecommunications provider has failed to comply with one or more of the
conditions of the exemption or applicable statutory or regulatory requirements.



(h)  For purposes of this section, the
commission, upon determination that any area of the State has less than
adequate telecommunications service, shall require the existing
telecommunications provider to show cause as to why the commission should not
authorize an alternative telecommunications provider for that area under the
terms and conditions of this section. [L 1990, c 49, §2; am L 1994, c 80, §3;
am L 1995, c 225, §6]