§ 227c - Nondominant carriers
§ 227c. Nondominant carriers
(a) The board may modify, reduce or suspend the requirements under this title as applied to nondominant providers of telecommunications service. The board may act by rule, or, after notice and opportunity for hearing, it may act by order. The modifications, reductions or suspensions may apply to one or more classes of nondominant providers, and may apply differently to each class. The board may modify, suspend or reduce any or all of the regulatory requirements under sections 104, 105, 107-109, 225, 226, subsection 227(a), and sections 229 and 311 of this title.
(b) In determining whether a carrier or class of carriers is nondominant, the board shall consider whether the carriers have sufficient market power to set prices for the market.
(c) In determining whether to modify, reduce or suspend regulatory requirements, the board shall consider whether competition in the market combined with the remaining requirements under this title:
(1) will be sufficient to ensure that the charges, practices, classifications or regulations related to the service are just and reasonable, and are not unjustly or unreasonably discriminatory; and
(2) will afford the public at least as much protection as the applicable regulatory requirements being suspended or reduced.
(d) Upon petition of the department, the board shall, and upon its own initiative the board may, investigate whether it should reimpose any regulatory requirements which it has modified, suspended or reduced under this section. If the board finds, after notice and an opportunity for hearing, and after considering the factors identified in subsection (c) of this section, that the public is not sufficiently protected, the board may reimpose any regulatory provisions that the board deems necessary. Pending any final order, the board may reimpose any regulatory requirements on a temporary basis as it determines is just and reasonable. (Added 1999, No. 67 (Adj. Sess.), § 3.)