Sec. 16-247f. Regulation of telecommunications services: Initial classifications, reclassifications, tariffs.
Sec. 16-247f. Regulation of telecommunications services: Initial classifications, reclassifications, tariffs. (a) The department shall regulate the provision of telecommunications services in the state in a manner designed to foster competition and
protect the public interest.
(b) Notwithstanding the provisions of section 16-19, the following telecommunications services shall be deemed competitive services: (1) A telecommunications service
offered on or before July 1, 1994, by a certified telecommunications provider and a wide
area telephone service, "800" service, centrex service or digital centrex service offered
by a telephone company, (2) a telecommunications service offered to business customers
by a telephone company, (3) a home office service offered by a telephone company,
and (4) a telecommunications service provided by a telephone company to a residential
customer who subscribes to two or more telephone company services, including basic
local exchange service, any vertical feature or interstate toll provided by a telephone
company affiliate. Unless reclassified pursuant to this section, any other service offered
by a telephone company on or before July 1, 1994, shall be deemed a noncompetitive
service, provided such initial classification shall not be a factual finding that such service
is noncompetitive. Notwithstanding subdivision (3) of subsection (c) of section 16-247b, prior to January 1, 2010, a telephone company shall not obtain a waiver from the
department of the pricing standard set forth in subdivision (1) of subsection (c) of section
16-247b for any service reclassified as competitive pursuant to subdivision (2), (3) or
(4) of this subsection.
(c) On petition, on its own motion, or in conjunction with a tariff investigation
conducted pursuant to subsection (f) of this section, after notice and hearing, and within
ninety days of receipt of a petition or its motion or within the time period set forth in
subsection (f) of this section, as applicable, the department may reclassify a telecommunications service as competitive, emerging competitive or noncompetitive, in accordance with the degree of competition which exists for that service in the marketplace,
provided (1) a competitive service shall not be reclassified as an emerging competitive
service and (2) the department may extend the period (A) before the end of the ninety-day period and upon notifying all parties to the proceedings by thirty days, or (B) in
accordance with the provisions of subsection (f) of this section, as applicable.
(d) In determining whether to reclassify a telecommunications service, the department shall consider:
(1) The number, size and geographic distribution of certified telecommunications
providers of the service, provided the department shall not reclassify any service as
competitive if such service is available only from a telephone company or an affiliate
of a telephone company that is a certified telecommunications provider;
(2) The availability of functionally equivalent services in the relevant geographic
area at competitive rates, terms and conditions, including, but not limited to, services
offered by certified telecommunications providers, providers of commercial mobile
radio services, as defined in 47 CFR 20.3, voice over Internet protocol providers and
other services provided by means of alternative technologies;
(3) The existence of barriers to entry into, or exit from, the relevant market;
(4) Other factors that may affect competition; and
(5) Other factors that may affect the public interest.
(e) Each certified telecommunications provider and each telephone company shall
file with the department a new or amended tariff for each competitive or emerging
competitive intrastate telecommunications service authorized pursuant to section 16-247c. A tariff for a competitive service shall be effective on five days' written notice
to the department. A tariff for an emerging competitive service shall be effective on
twenty-one days' written notice to the department. A tariff filing for a competitive or
emerging competitive service shall include (1) rates and charges which may consist of
a maximum rate and a minimum rate, (2) applicable terms and conditions, (3) a statement
of how the tariff will benefit the public interest, and (4) any additional information
required by the department. A telephone company filing a tariff pursuant to this section
shall include in said tariff filing the information set forth in subdivisions (1) to (4),
inclusive, of this subsection, a complete explanation of how the company is complying
with the provisions of section 16-247b and, in a tariff filing which declares a new service
to be competitive or emerging competitive, a statement addressing the considerations
set forth in subsection (d) of this section. If the department approves a tariff which
consists of a minimum rate and a maximum rate, the certified telecommunications provider or telephone company may amend its rates upon five days' written notice to the
department and any notice to customers which the department may require, provided
the amended rates are not greater than the approved maximum rate and not less than
the approved minimum rate. A promotional offering for a previously approved competitive or emerging competitive tariffed service or a service deemed competitive pursuant
to this section shall be effective on three business days' written notice to the department.
(f) On petition or its own motion, the department may investigate a tariff or any
portion of a tariff, which investigation may include a hearing. The department may
suspend a tariff or any portion of a tariff during such investigation. The investigation
may include, but is not limited to, an inquiry to determine whether the tariff is predatory,
deceptive, anticompetitive or violates the pricing standard set forth in subdivision (1)
of subsection (c) of section 16-247b. Not later than seventy-five days after the effective
date of the tariff, unless the party filing the tariff, all statutory parties to the proceeding
and the department agree to a specific extension of time, the department shall issue its
decision, including whether to approve, modify or deny the tariff. If the department
determines that a tariff filed as a new service is, in fact, a reclassification of an existing
service, the department shall review the tariff filing as a petition for reclassification in
accordance with the provisions of subsection (c) of this section.
(g) The provisions of this section shall not prohibit the department from ordering
different tariff filing procedures or effective dates for an emerging competitive service,
pursuant to a plan for an alternative form of regulation of a telephone company approved
by the department in accordance with the provisions of section 16-247k.
(P.A. 87-415, S. 3, 13; P.A. 93-330, S. 4, 9; P.A. 94-83, S. 6, 16; P.A. 95-215, S. 2; P.A. 99-222, S. 10, 19; P.A. 01-49, S. 8; P.A. 06-144, S. 1.)
History: P.A. 93-330 amended Subsec. (a) by deleting provision regarding purchase or lease of foreign exchange service,
making a preauthorization hearing permissive rather than mandatory and adding provision regarding denial of authorization,
amended Subsec. (b) by stating it applies to telephone companies and certified competitive telecommunications providers,
requiring rather than allowing department to consider all relevant factors, and adding new Subdivs. (4) to (7) regarding
market barriers, control over rates, availability of services and pricing and cross-subsidization, and added new Subsecs.
(c) and (d) regarding "10XXX" interexchange competition for intrastate interexchange services and tariffs for competitive
intrastate interexchange services, respectively, effective July 1, 1993; P.A. 94-83 deleted Subsec. (a) re authorization to
provide intrastate interexchange telecommunications services, Subsec. (b) re terms and conditions for the offering of
competitive telecommunications service, and Subsec. (c) re "10XXX" interexchange competition for intrastate interexchange services, added new Subsec. (a) re regulation of the provision of telecommunications services, new Subsec. (b) re
competitive services, and new Subsecs. (c) and (d) re reclassifying a telecommunications service, relettered and divided
Subsec. (d) as (e) and (f), amended Subsec. (e) by deleting "proposed" and "interexchange", adding "emerging competitive",
making tariffs effective on written notice, deleting provision re supporting cost and revenue information, adding provisions
re Sec. 16-247b and Subsec. (d) of this section, making Subdivs. (1) to (4) applicable to tariff filings rather than tariffs,
changing notice of rate change by provider or company with an approved tariff consisting of a minimum and a maximum
rate from 10 days to department and customers to 5 days to department and to customers as department may require,
and adding provision re promotional offering, amended Subsec. (f) by adding "on petition or its own motion", deleting
"proposed", allowing investigation without suspension of tariff, changing deadline for decision from 60 to 75 days, adding
provisions re extension of time for decision and tariff treated as petition for reclassification, and added new Subsec. (g) re
alternative form of regulation, effective July 1, 1994; P.A. 95-215 amended Subsec. (c) by adding time limit, Subdiv.
indicators and Subdiv. (2) re extension of time; P.A. 99-222 made technical changes in Subsecs. (b), (d)(1) and (e), amended
Subsec. (d)(1) by adding proviso prohibiting department from reclassifying service if service is available only from a
telephone company or affiliate and amended Subsec. (e) by changing from 14 to 5 the number of days after written notice
is made for a tariff for a competitive service to become effective and by changing from 5 to 3 the number of days after
written notice is made for a promotional offering to become effective, effective June 29, 1999; P.A. 01-49 amended Subsec.
(c) to make technical changes; P.A. 06-144 amended Subsec. (b) to designate existing language as Subdiv. (1), to make
corresponding technical changes, to add Subdivs. (2) to (4), inclusive, re telecommunications services offered to business
customers by a telephone company, a home office service offered by a telephone company, and telecommunications service
provided by a telephone company to a residential customer who subscribes to two or more telephone company services,
and to add provision prohibiting a telephone company from obtaining a waiver from the department of the pricing standard
for any service reclassified as competitive, amended Subsec. (d) to add examples of functionally equivalent services in
Subdiv. (2), delete former Subdivs. (3), (5) and (6) and redesignate existing Subdivs. (4), (7) and (8) as new Subdivs. (3),
(4) and (5), respectively, amended Subsec. (e) to make a technical change, and amended Subsec. (f) to add provision
specifying what investigation may include, effective July 1, 2006.
Specific terms of statute concerning nondiscriminatory access and pricing to all telecommuncations 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 service, coordinated cutover service and out-of-hours service. 261
C. 1.