49-31-59 Procedures for approving sale of telecommunications exchanges.
Procedures for approving sale of telecommunications exchanges.
Any sale of a
telecommunications exchange shall be approved by the commission. Within twenty days following
receipt of a telecommunications company's application to sell an exchange, the commission shall
publish notice of the proposed sale in a newspaper of general circulation in each county in which an
exchange to be sold provides service. The applicant shall reimburse the commission for the cost of
the publication. The notice shall inform the public of their right to file a petition of intervention in
the proceeding or to submit comment within fifteen days following publication of the notice. The
commission shall consider the protection of the public interest, and to the extent applicable, the
adequacy of local telephone service, the reasonableness of rates for local service, the provision of
911, enhanced 911, and other public safety services, the payment of taxes, and the ability and
commitment of the local exchange company to provide modern, state-of-the-art telecommunications
services. If no hearing is held on the application, the commission shall issue its order pursuant to this
section within forty-five days following the publication of the notice. If a hearing is held on the
application, the commission shall issue its order pursuant to this section within one hundred twenty
days following the publication of the notice. The commission's order may include conditions that the
commission finds necessary to ensure compliance with the criteria set forth in this section. For the
purposes of this section, the term, sale, means the passing, for consideration, of title to the assets
comprising a telecommunications exchange, but does not include nonasset sale transactions such as
mergers, consolidations, stock sales, or financing transactions. For the purposes of this section, the
term, exchange, means the switching, transmission, other equipment and facilities and associated
permits, authorizations, service rights, customer contracts, and related assets by which a
telecommunication company provides local exchange service throughout a local exchange area
utilizing its own facilities.
Source: SL 1995, ch 263, § 2; SL 2005, ch 245, § 2.