56-532 - Tariff filings.
§ 56-532. Tariff filings.
A. Any change in any rate, toll, charge, fee, rule, or regulation (hereaftercollectively referred to as tariffs) of a small investor-owned telephoneutility shall become effective thirty days after notice has been mailed toeach customer unless:
1. A protest or objection is filed by the lesser of 5 percent or 150customers subject to a small investor-owned telephone utility's tariffs; or
2. The Commission acts, on its own motion, to investigate the utility'stariffs after at least thirty days' notice by the utility to the Commissionand to the public.
B. Whenever the lesser of 5 percent or 150 customers subject to a smallinvestor-owned telephone utility's tariffs file a protest or objection to anychange in any schedule of that utility's tariffs, the Commission may suspendthe enforcement of any or all of the proposed tariffs for a period notexceeding 150 days from the date of the filing of those tariffs with theCommission and shall convene a hearing to determine whether the proposedtariffs are reasonable and just. At the conclusion of the hearing, theCommission may fix and order substituted tariffs as shall be just andreasonable.
C. Notice of the suspension of any proposed tariff and the scheduling of ahearing shall be given by the Commission to the small investor-ownedtelephone utility prior to the expiration of the thirty days' notice to theCommission and to the public as prescribed in subsection A of this section.If the proceeding has not been concluded and an order made at the expirationof the suspension period, after notice to the Commission by the utilitymaking the filing, the proposed tariffs shall go into effect. Where increasedrates, tolls, or charges are thus made effective, the Commission shall byorder:
1. Require the small investor-owned telephone utility to furnish a bond,which at the Commission's discretion may bear interest at a rate specified bythe Commission, in order to refund any amounts ordered by the Commission;
2. Require the utility to keep detailed accounts of all amounts received byreason of such increase; and
3. Upon completion of the hearing and decision, order the smallinvestor-owned telephone utility to refund the portion of such increasedrates, tolls, or charges found by the Commission's decision to be unjustified.
D. The Commission may, acting on its own motion, suspend the utility'sproposed tariffs. The Commission shall give notice of its intention tosuspend the proposed tariffs to the small investor-owned telephone utilitywithin thirty days' notice after the filing of these proposed tariffs.
E. The Commission is authorized to promulgate any rules necessary toimplement this section.
(1986, c. 337.)