49-31-12.5 Filing of new schedule affecting emerging competitive service--Notice and hearing--Suspens...
Filing of new schedule affecting emerging competitive service--Notice and
hearing--Suspension or disapproval of price or practice.
If a telecommunications company files with
the commission any tariff stating a new price or a change in price or practice affecting any emerging
competitive telecommunications service, the commission:
Shall permit any proposed change in price or practice to be effective upon twenty days'
notice to the commission and the customers affected by the change;
May, upon receiving a petition to intervene or upon its own motion, conduct a hearing to
determine whether any new price or change in price or practice is fair and reasonable. Any
petition to intervene or motion shall be filed or made within twenty days after the filing
of the price or practice. The burden of proof is on the company to show that any new price
or change in price or practice is fair and reasonable. Any hearing shall be completed and
any order of the commission shall be issued within one hundred twenty days after the
effective date of the tariff filed;
May, if the petition to intervene or motion alleges improper cross subsidization in
violation of § 49-31-4 or unjust or unreasonable discrimination pursuant to § 49-31-11,
suspend the effective date of any new price or a change in price or practice, if the
commission determines that any remedial order of the commission pursuant to chapter 49-13 will not adequately protect a party from irreparable harm. Any suspension may not
exceed thirty days following the effective date of the tariff filed; and
Shall, after notice and hearing, disapprove any price or practice found to be unfair and
unreasonable and may order a refund with interest of any portion of the change found to
be unfair and unreasonable. During any proceedings under this section, a
telecommunications company shall keep accurate records of the amounts collected as a
result of the increased price in the event of a refund at the conclusion of all proceedings.
SL 1988, ch 375, § 21; SL 1992, ch 328, § 21.