[§269-39]  Cross-subsidies.  (a) 
The commission shall ensure that noncompetitive services shall not
cross-subsidize competitive services.  Cross-subsidization shall be deemed to
have occurred:



(1)  If any competitive service is priced below the
total service long-run incremental cost of providing the service as determined
by the commission in subsection (b); or



(2)  If competitive services, taken as a whole, fail
to cover their direct and allocated joint and common costs as determined by the
commission.



(b)  The commission shall determine the
methodology and frequency with which providers calculate total service long-run
incremental cost and fully allocated joint and common costs.  The total service
long-run incremental cost of a service shall include an imputation of an amount
equal to the contribution that the telecommunications carrier receives from
noncompetitive inputs used by alternative providers in providing the same or
equivalent service. [L 1995, c 225, pt of §2]