State Codes and Statutes

Statutes > Utah > Title-54 > Chapter-08b > 54-8b-2-1

54-8b-2.1. Competitive entry.
(1) Notwithstanding any provision of Section 54-4-25 to the contrary, the commissionmay issue a certificate to a telecommunications corporation authorizing it to compete inproviding local exchange services or other public telecommunications services in all or part ofthe service territory of an incumbent telephone corporation, except until December 31, 1997, atelecommunications corporation may not receive a certificate to compete in providing localexchange service within any local exchange with fewer than 5,000 access lines that is owned orcontrolled by an incumbent telephone corporation with fewer than 30,000 access lines in thestate. The procedure specified in Subsection (3)(c) for excluding competition within a localexchange with fewer than 5,000 access lines shall apply on December 31, 1997 or thereafter.
(2) The commission shall issue a certificate to the applying telecommunicationscorporation if the commission determines that:
(a) the applicant has sufficient technical, financial, and managerial resources and abilitiesto provide the public telecommunications services applied for; and
(b) the issuance of the certificate to the applicant is in the public interest.
(3) (a) The commission shall process the application in accordance with Title 63G,Chapter 4, Administrative Procedures Act.
(b) Each telecommunications corporation holding a certificate to provide publictelecommunications service within the geographic area where an applicant is seeking to providetelecommunications service shall be provided notice of the application and granted automaticstatus as an intervenor.
(c) An intervening incumbent telephone corporation serving fewer than 30,000 accesslines in the state may petition the commission to exclude from an application filed pursuant toSubsection (1) any local exchange with fewer than 5,000 access lines that is owned or controlledby the intervening incumbent telephone corporation. Upon finding that the action is consistentwith the public interest, the commission shall order that the application exclude such localexchange.
(d) The commission shall approve or deny the application under this section within 240days after it is filed. If the commission has not acted on an application within 240 days, theapplication is considered granted.
(4) If the commission issues a certificate to a competitive telecommunicationscorporation to provide local exchange services in a local exchange that has fewer than 5,000 linesand that is controlled by an incumbent telephone corporation with fewer than 30,000 access linesin the state, the commission shall impose an obligation upon the competitive telecommunicationscorporation to provide public telecommunications services to any customer or class of customerswho requests service within the local exchange. The competing telecommunicationscorporation's obligation to serve shall be no greater than that of the incumbent telephonecorporation.
(5) An incumbent telephone corporation with fewer than 30,000 access lines in the statemay not be required to become a carrier of intrastate toll services.

Amended by Chapter 382, 2008 General Session