49-31-59.1 Legislative intent--Joint provisioning and revenue-pooling arrangements--Commission review...
Legislative intent--Joint provisioning and revenue-pooling arrangements--Commission review and approval--Exemptions--Construction.
It is the intent of the Legislature to
encourage telecommunications companies to more efficiently meet the infrastructure deployment
goal described in §§ 49-31-60 and 49-31-61 for a fully integrated SONET backbone of
interconnected survivable rings. To that end, telecommunications companies may jointly provide
facilities and enter into revenue-pooling arrangements between and among themselves relating to
the provisioning of these facilities. Any such arrangement shall be subject to commission review and
approval and, to the extent it has received such approval, may not be construed as violating any state
or local laws governing unfair trade practices, antitrust or restraint of trade. Further, it is the intent
of the Legislature that any such approved arrangement shall be exempt from federal laws governing
unfair trade practices, antitrust, or restraint of trade. Except with respect to such joint provisioning
of facilities and revenue pooling arrangements approved by the commission, both state and federal
laws governing unfair trade practices, antitrust, and restraint of trade shall apply with full force and
effect. The joint provisioning of facilities within an arrangement consistent with the limited purpose
described in this section may not be construed as imposing additional common carrier obligations
on the participating companies. The provisions of this section may not be construed to permit any
telecommunications company to take any action that is contrary to the public interest.
Source: SL 1998, ch 274, § 27.