56-484.2 - Extension or reduction upon poll of certain subscribers.
§ 56-484.2. Extension or reduction upon poll of certain subscribers.
A. Upon petition of five percent but in no case less than twenty-five of thesubscribers in an established telephone exchange for an extension orreduction of their local service area to include or exclude a contiguouslocal exchange or exchanges, or upon resolution of the governing body of acounty for a countywide local service area, the Commission shall estimate theapproximate change in the monthly rate for service which will result fromsuch extension or reduction. In the case of a governing body resolution forcountywide calling, the Commission, prior to estimating the approximate ratechange, shall determine which exchanges within the county have a community ofinterest calling percentage that is fifty percent or greater in at least onedirection to at least one other exchange within the county. The Commissionshall then undertake to estimate the approximate change in the monthly ratefor service that will result from such expanded local calling area for eachsuch exchange. The Commission shall order the affected company or companiesto poll those subscribers whose monthly rate for service would change if theproposed changes were adopted. However, polls shall not be required in theexchange or exchanges to which the petitioners desire an extension of localservice if (i) any resulting rate increases in any twelve-month period donot, in the aggregate, exceed five percent of the existing monthly one-partyresidential flat rate service for the affected exchange to which thepetitioners desire an extension of local service or (ii) any resulting rateincreases in any twelve-month period, in the aggregate, exceed five percentsolely due to rate regrouping. No more than one petition for a poll from thesame group of subscribers or resolution from the governing body of a countyshall be considered by the Commission during any three-year period. Forpurposes of determining the exchanges that will be polled pursuant to thissubsection, "community of interest calling percentage" means thepercentage of customers in an exchange that make one or more calls per monthto another exchange within the county.
B. If a poll is required pursuant to subsection A and a majority of thesubscribers are in favor of the proposed change, or if the Commissiondetermines that a majority of subscribers voting are in favor of the proposedchange, the Commission shall order the extension or reduction of their localservice area. For the purposes of this section, the number of subscribers inan established telephone exchange shall be deemed to be the number ofsubscribers in an exchange as of January 1 of the calendar year when thepetition is submitted to the Commission. Telephone subscribers shall be giventhirty-five days from the day ballots are placed in the U.S. mail to returntheir survey form. Upon completion of the poll, results shall be dulycertified to the Commission.
C. If a poll is not required pursuant to subsection A, the Commission shallrequire notice to customers in exchanges in which polls are not required andshall convene a hearing on the proposed extension or reduction of the localcalling area if the lesser of five percent or 150 of the customers withinsuch exchanges request a hearing. The Commission may convene a hearing underthis subsection on its own motion without regard to the number of customerswho request a hearing.
D. Where the governing body of a county passes a resolution for a countywidelocal service area under subsection A and the poll for such service isdefeated, the governing body shall reimburse the affected company orcompanies for the costs of the poll.
E. The Commission shall give the highest priority to petitions or resolutionspresented under subsection A that involve exchanges in rural areas.
(1976, c. 265; 1978, c. 232; 1985, c. 382; 1990, c. 339; 1993, c. 974; 1994,cc. 180, 347; 1995, c. 466; 1996, c. 272.)