State Codes and Statutes

Statutes > Utah > Title-54 > Chapter-08b > 54-8b-4-5

54-8b-4.5. Commission order -- Negotiated provisions of services -- Contractsunder this section.
(1) (a) The commission may enter an order partially or wholly exempting any publictelecommunications service from any requirement of this title relating to rates, tariffs, or fares.
(b) The commission may authorize the provision of all or any portion of a publictelecommunications service under stated or negotiated terms to any person that is committed tothe acquisition of comparable telecommunications services from an alternative source of supplythrough construction, lease, or any other form of acquisition.
(2) An incumbent telephone corporation may negotiate with the person or entity withinthe incumbent telephone corporation's service territory for the provision of retail end user publictelecommunications services without regard to the provisions of any tariffs on file and approvedby the commission, or any price list or competitive contract filed under Section 54-8b-2.3 withthe commission but any rate, toll, fare, rental, charge, or classification of service in such contractsshall comply with Section 54-8b-3.3.
(3) (a) Within 10 days after the conclusion of the negotiations and prior to the executionof a contract under this section, the incumbent telephone corporation shall file with thecommission the proposed final agreements and other evidence of the public telecommunicationsservices to be provided, together with the charges and other conditions of the service.
(b) (i) The commission may approve or deny an application, or begin adjudicativeproceedings to consider approval of a contract under this section within 30 days of the filing ofthe application by the incumbent telephone corporation.
(ii) If the commission begins adjudicative proceedings, the contract is effective when thecommission orders that it is effective.
(iii) If the commission fails to approve a contract under this section, or fails to beginadjudicative proceedings within 30 days, the final contract is effective.
(c) In determining whether or not to approve a contract under this section, thecommission shall consider all relevant factors, including, whether or not the contract for any rate,toll, fare, rental, charge, or classification of service:
(i) complies with Section 54-8b-3.3;
(ii) provides for adequate service at just and reasonable rates.
(d) After a contract under this section has become effective, the commission shall in thenext general rate case for that incumbent telephone corporation:
(i) review the contract for consistency with the factors stated in this Subsection (3); and
(ii) make any adjustment in its rate order, including retroactive adjustments, that arenecessary to avoid cross subsidization from other regulated intrastate telecommunicationsservices.
(e) Subsection (3) does not apply to an incumbent telephone corporation subject to priceregulation for public telecommunications services under Section 54-8b-2.3.
(4) Any incumbent telephone corporation that provides public telecommunicationsservices pursuant to a contract under this section may not offer the services under contract in amanner that unfairly discriminates between similarly situated customers.
(5) Subject to Subsection (4), terms and conditions offered in contracts under this sectionthat are different from tariff terms and conditions for the same services are not considereddiscriminatory under Section 54-3-8 and Subsection 54-8b-3.3(2).

Amended by Chapter 5, 2005 General Session