Sec. 16-247b. Unbundling of telephone company's network, services and functions. Access to telephone company's telecommunications services, functions and unbundled network elements. Rates for
Sec. 16-247b. Unbundling of telephone company's network, services and functions. Access to telephone company's telecommunications services, functions and
unbundled network elements. Rates for competitive or emerging competitive service. Subsidization prohibited. (a) On petition or its own motion, the department shall
initiate a proceeding to unbundle a telephone company's network, services and functions
that are used to provide telecommunications services and which the department determines, after notice and hearing, are in the public interest, are consistent with federal
law and are technically feasible of being tariffed and offered separately or in combinations. Any telecommunications services, functions and unbundled network elements
and any combination thereof shall be offered under tariff at rates, terms and conditions
that do not unreasonably discriminate among actual and potential users and actual and
potential providers of such local network services.
(b) Each telephone company shall provide reasonable nondiscriminatory access and
pricing to all telecommunications services, functions and unbundled network elements
and any combination thereof necessary to provide telecommunications services to customers. The department shall determine the rates that a telephone company charges
for telecommunications services, functions and unbundled network elements and any
combination thereof, that are necessary for the provision of telecommunications services. The rates for interconnection and unbundled network elements and any combination thereof shall be based on their respective forward looking long-run incremental
costs, and shall be consistent with the provisions of 47 USC 252(d).
(c) (1) The rate that a telephone company charges for a competitive or emerging
competitive telecommunications service shall not be less than the sum of (A) the rate
charged to another telecommunications company for a noncompetitive or emerging
competitive local network service function used by that company to provide a competing
telecommunications service, and (B) the applicable incremental costs of the telephone
company.
(2) On and after the date the department certifies a telephone company's operations
support systems interface pursuant to section 16-247n, the department shall, upon petition, conduct a contested case proceeding to consider whether modification or removal
of the pricing standard set forth in subdivision (1) of this subsection for a telecommunications service deemed competitive pursuant to section 16-247f is appropriate. Notwithstanding the provisions of subdivision (1) of this subsection, if the department determines that such a modification or removal is appropriate and is consistent with the goals
set forth in section 16-247a, the department shall so modify or remove said pricing
standard for such telecommunications service.
(3) Prior to the date that the department certifies a telephone company's operations
support systems interface pursuant to section 16-247n, the department may, upon petition, conduct a contested case proceeding to consider whether modification or removal
of the pricing standard set forth in subdivision (1) of this subsection for a telecommunications service deemed competitive pursuant to section 16-247f is appropriate. Any petition filed pursuant to this subdivision shall specify the geographic area in which the
applicant proposes to modify or remove such pricing standard. Notwithstanding the
provisions of subdivision (1) of this subsection, if the department determines that such
modification or removal is appropriate, is consistent with the goals set forth in section
16-247a and facilities-based competition exists in the relevant geographic area, the department shall so modify or remove said pricing standard for such telecommunications
service. In determining whether facilities-based competition exists in the relevant geographic area, the department shall consider:
(A) The number, size and geographic distribution of other providers of service;
(B) The availability of functionally equivalent services in the relevant geographic
area at competitive rates, terms and conditions;
(C) The financial viability of each company providing functionally equivalent services in the relevant geographic market;
(D) The existence of barriers to entry into, or exit from, the relevant geographic
market;
(E) Other indicators of market power that the department deems relevant, which
may include, but not be limited to, market penetration and the extent to which the applicant can sustain the price for the service above the cost to the company of providing the
service in the relevant geographic area;
(F) The extent to which other telecommunications companies must rely upon the
noncompetitive services of the applicant to provide their telecommunications services
and carrier access rates charged by the applicant;
(G) Other factors that may affect competition; and
(H) Other factors that may affect the public interest.
(d) A telephone company shall not use the revenues, expenses, costs, assets, liabilities or other resources derived from or associated with providing a noncompetitive service to subsidize the provision of competitive, emerging competitive or unregulated
telecommunications services by such telephone company or any affiliate that is a certified telecommunications provider.
(P.A. 85-187, S. 2, 15; P.A. 93-330, S. 2, 9; P.A. 94-83, S. 3, 16; P.A. 99-222, S. 5, 19.)
History: P.A. 93-330 added Subsecs. (b), regarding access, access charges and rates, and (c) regarding telephone
company subsidization of compensation or unregulated services, effective July 2, 1993; P.A. 94-83 deleted former Subsec.
(a) re certificate of public convenience and necessity, inserted new Subsec. (a) re proceeding to unbundle certain functions
of a telecommunications company's local network, amended Subsec. (b)(1) by deleting "located within the state" and
references to unregulated services and certified providers of telecommunications services, and replacing "provider for any
basic service used to provide a competitive service" with "company for a noncompetitive or emerging competitive local
network service function used by that company to provide a competing telecommunications service", and amended Subsec.
(c) by deleting "local exchange service or other monopoly telecommunications services" and "intrastate" and adding
references to noncompetitive and emerging competitive services, effective July 1, 1994; P.A. 99-222 amended Subsec.
(a) by changing what can be unbundled by referring to unbundling of "a telephone company's network, services and
functions", by changing criteria re when unbundling is appropriate and by making other conforming changes, amended
Subsec. (b) by changing reference to "equipment, facilities and services" to "telecommunications services, functions and
unbundled network elements and any combination thereof" and adding provision re rates for interconnection based on
long-run incremental costs, designated provision formerly in Subsec. (b) re rates charged for competitive or emerging
competitive service as Subsec. (c))1), redesignating former Subdivs. (1) and (2) as Subparas. (A) and (B), inserted new
Subsec. (c)(2) and (3) re modification or removal of pricing standard and relettered former Subsec. (c) as (d), effective
June 29, 1999.
Subsec. (b):
Specific terms of statute concerning nondiscriminatory access and pricing to all telecommunciations services, functions
and unbundled network elements do not prevail over general grant of authority to department, where services in question
consist of pre-due-date service confirmation, expedited services, coordinated cutover service and out-of-hours service.
261 C. 1.