§ 56-481.2. Rates, charges and regulations for local exchange telephoneservices provided by new entrants.
If, under subsection B of § 56-265.4:4, a certificate of public convenienceand necessity is issued to a new entrant to provide local exchange telephoneservice, the Commission shall at the same time adopt a form of regulation forthe new entrant's local exchange services and, upon application pursuant to §56-235.5, for the incumbent local exchange telephone company, that does notregulate the earnings of either. In approving the form of regulation of thenew entrant's local exchange services, the Commission shall do so in a mannerthat is equitable to the new entrant and the incumbent local exchangetelephone company and in the public interest. In determining the appropriateform of regulation for the new entrant, the Commission shall: (i) considerwhether the form of regulation reasonably protects the affordability of basiclocal exchange telephone service, as such service is defined by theCommission, and reasonably assures the continuation of quality local exchangetelephone service; and (ii) find that such action will not unreasonablyprejudice or disadvantage any class of telephone company customers ortelephone service providers, including the new entrant and incumbent localexchange telephone company, and is in the public interest. In approving theappropriate form of regulation for the new entrant, the Commission may takesuch action as it deems appropriate in the public interest, with dueconsideration being given to the competitiveness of the services, includingderegulation and detariffing the services. Nothing in this section shall beconstrued to deprive the Commission of its power to modify the form ofregulation, after notice and an opportunity for hearing, if it finds thatcompetition or the potential for competition no longer effectively regulatesthe price of a service. Except as provided for in this section and insubsection B of § 56-265.4:4, no other provision of law relating to theregulation of rates, charges, and regulation of local exchange telephoneservices shall apply to the provision of such services by new entrants.
§ 56-481.2. Rates, charges and regulations for local exchange telephoneservices provided by new entrants.
If, under subsection B of § 56-265.4:4, a certificate of public convenienceand necessity is issued to a new entrant to provide local exchange telephoneservice, the Commission shall at the same time adopt a form of regulation forthe new entrant's local exchange services and, upon application pursuant to §56-235.5, for the incumbent local exchange telephone company, that does notregulate the earnings of either. In approving the form of regulation of thenew entrant's local exchange services, the Commission shall do so in a mannerthat is equitable to the new entrant and the incumbent local exchangetelephone company and in the public interest. In determining the appropriateform of regulation for the new entrant, the Commission shall: (i) considerwhether the form of regulation reasonably protects the affordability of basiclocal exchange telephone service, as such service is defined by theCommission, and reasonably assures the continuation of quality local exchangetelephone service; and (ii) find that such action will not unreasonablyprejudice or disadvantage any class of telephone company customers ortelephone service providers, including the new entrant and incumbent localexchange telephone company, and is in the public interest. In approving theappropriate form of regulation for the new entrant, the Commission may takesuch action as it deems appropriate in the public interest, with dueconsideration being given to the competitiveness of the services, includingderegulation and detariffing the services. Nothing in this section shall beconstrued to deprive the Commission of its power to modify the form ofregulation, after notice and an opportunity for hearing, if it finds thatcompetition or the potential for competition no longer effectively regulatesthe price of a service. Except as provided for in this section and insubsection B of § 56-265.4:4, no other provision of law relating to theregulation of rates, charges, and regulation of local exchange telephoneservices shall apply to the provision of such services by new entrants.
§ 56-481.2. Rates, charges and regulations for local exchange telephoneservices provided by new entrants.
If, under subsection B of § 56-265.4:4, a certificate of public convenienceand necessity is issued to a new entrant to provide local exchange telephoneservice, the Commission shall at the same time adopt a form of regulation forthe new entrant's local exchange services and, upon application pursuant to §56-235.5, for the incumbent local exchange telephone company, that does notregulate the earnings of either. In approving the form of regulation of thenew entrant's local exchange services, the Commission shall do so in a mannerthat is equitable to the new entrant and the incumbent local exchangetelephone company and in the public interest. In determining the appropriateform of regulation for the new entrant, the Commission shall: (i) considerwhether the form of regulation reasonably protects the affordability of basiclocal exchange telephone service, as such service is defined by theCommission, and reasonably assures the continuation of quality local exchangetelephone service; and (ii) find that such action will not unreasonablyprejudice or disadvantage any class of telephone company customers ortelephone service providers, including the new entrant and incumbent localexchange telephone company, and is in the public interest. In approving theappropriate form of regulation for the new entrant, the Commission may takesuch action as it deems appropriate in the public interest, with dueconsideration being given to the competitiveness of the services, includingderegulation and detariffing the services. Nothing in this section shall beconstrued to deprive the Commission of its power to modify the form ofregulation, after notice and an opportunity for hearing, if it finds thatcompetition or the potential for competition no longer effectively regulatesthe price of a service. Except as provided for in this section and insubsection B of § 56-265.4:4, no other provision of law relating to theregulation of rates, charges, and regulation of local exchange telephoneservices shall apply to the provision of such services by new entrants.
