§ 40-15-302. Manner of Regulation – Rules

1. 1. The commission shall promulgate rules as may be appropriate to regulate services and products provided pursuant to this part 3. In promulgating such rules, the commission shall consider such alternatives to traditional rate of return regulations as flexible pricing, detariffing, and other such manner and methods of regulation as are deemed consistent with the general assembly’s expression of intent pursuant to section 40-15-101. If a provider applies for and receives commission approval of an alternative form of regulation, or if a provider is a rural telecommunications provider subject to simplified regulatory treatment under section 40-15-203.5 or 40-15-503 (2)(d), the commission shall not consider the provider’s overall rate of return or overall revenue requirements when determining the just and reasonable rate for a particular product or service. A local exchange provider that does not elect an alternative form of regulation and that is subject to rate of return regulation shall furnish such rate of return information as requested by the commission.
   2. 1. For a rural telecommunications provider subject to simplified regulatory treatment under section 40-15-203.5 or 40-15-503 (2)(d), price ceilings shall be established for all products and services regulated under this part 3 as follows:
         1. For switched access service, prices shall not rise above the level in effect on March 31, 1999; except that price ceilings may be adjusted by the commission to conform to its rules concerning the high cost support mechanism established under section 40-15-208 or to conform to any company filing that is subject to the commission’s rate-of-return jurisdiction.
         2. For all other products and services, price ceilings shall be established by reference to the prices for such products and services in effect under an alternative form of regulation approved by the commission.
      2. This paragraph (b) shall not be construed to preclude a rural telecommunications provider from electing traditional rate-of-return regulation or requesting price regulation or another alternative form of regulation under part 5 of this article; and the fact of such election or request shall not be considered in connection with a proceeding to adjust prices for products or services offered under any alternative form of regulation.
2. The commission shall promulgate rules and regulations for the certification of providers of emerging competitive telecommunications services, but nothing in this part 3 shall require the commission to certificate providers of telecommunications service regulated in this part 3.
3. Repealed.
4. A provider of telecommunications service holding a certificate of public convenience and necessity to offer or provide services and products regulated pursuant to this part 3 immediately prior to July 2, 1987, shall continue to have such authority without having to make application to the commission for additional or continued authority.
5. Repealed.

Source: L. 87: Entire article R&RE, p. 1485, § 1, effective July 2. L. 93: (1) and (2) amended, p. 2081, § 52, effective July 1. L. 94: (5) added, p. 1064, § 4, effective May 4. L. 96: (5) amended, p. 365, § 1, effective August 7. L. 99: (1) amended, p. 186, § 5, effective March 31. L. 2000: (1)(a), IP(1)(b)(I), and (1)(b)(II) amended, p. 48, § 6, effective March 10; (5) amended, p. 418, § 3, effective April 14. L. 2014: (3) repealed, (HB 14-1331), ch. 152, p. 527, § 7, effective May 9; (5) amended, (HB 14-1330), ch. 151, p. 518, § 3, effective May 9. L. 2019: (5) repealed, (SB 19-236), ch. 359, p. 3315, § 22, effective May 30.

Editor’s note: This section is similar to former § 40-15-104 as it existed prior to 1987.