56-235.5:1 - Local exchange telephone service competition policy
§ 56-235.5:1. Local exchange telephone service competition policy.
A. The Commission, in resolving issues and cases concerning local exchangetelephone service under the federal Telecommunications Act of 1996 (P.L.104-104), this title, or both, shall, consistent with federal and state laws,consider it in the public interest to, as appropriate, (i) treat allproviders of local exchange telephone services in an equitable fashion andwithout undue discrimination and, to the greatest extent possible, apply thesame rules to all providers of local exchange telephone services; (ii)promote competitive product offerings, investments, and innovations from allproviders of local exchange telephone services in all areas of theCommonwealth; and (iii) reduce or eliminate any requirement to price retailand wholesale products and services at levels that do not permit providers oflocal exchange telephone services to recover their costs of those productsand services.
B. In order to treat all providers of local exchange telephone service moreequitably and without undue discrimination by ensuring that they are subjectto the same rules:
1. Notwithstanding any other provision of law, the Commission shall (i) forincumbent local exchange carriers serving more than 15,000 access lines inits incumbent territory, establish a schedule that eliminates the carriercommon line charge element of intrastate carrier switched access charges nolater than July 1, 2013, provided that (a) any such carrier that directlyreceives no later than April 1, 2010, a Broadband Initiatives Program grantand loan for use in the Commonwealth from the Rural Utilities Service of theU.S. Department of Agriculture under the American Recovery and ReinvestmentAct of 2009 (P.L. 111-5) shall be considered under clause (ii), and (b) anysuch carrier that has not been the subject of a Commission proceeding toinvestigate its carrier common line charge may apply to the Commission for anopportunity to be heard as to why it is in the public interest and why itwill not unreasonably prejudice or disadvantage telephone customersthroughout the Commonwealth to extend the deadline for the elimination of itscarrier common line charge to a date determined by the Commission, but in nocase later than July 1, 2014; and (ii) for incumbent local exchange carrierswith 15,000 or fewer access lines in its incumbent territory, determine, nolater than July 1, 2011, and after notice and an opportunity for a hearing, aschedule for the elimination of the carrier common line charge element ofintrastate carrier switched access charges in a manner to be determined bythe Commission.
2. The Commission shall permit any incumbent local exchange carrier toincrease its retail rates to recover a reasonable amount of carrier commonline charge revenue lost due to the reductions required in subdivision 1.
3. The Commission shall (i) not permit any incumbent local exchange carrierto add additional elements of intrastate carrier switched access charges orto increase the charge for any element of intrastate carrier switched accesscharges above that incumbent local exchange carrier's charges on January 1,2010; (ii) on July 1, 2010, take any action necessary to eliminate anyelement of intrastate carrier switched access charges implemented by anincumbent local exchange carrier after January 1, 2010; and (iii) on July 1,2010, take any action necessary to reduce to its January 1, 2010, level anyelement of intrastate carrier switched access charges increased by anincumbent local exchange carrier after January 1, 2010.
(2004, c. 151; 2010, c. 748.)