§ 40-15-305. Time Period for Consideration of Deregulation of Emerging Competitive Telecommunications Service

1. 1. Notwithstanding any other provision of this title, upon its own motion or upon application by any person, the commission shall deregulate, pursuant to part 4 of this article, specific telecommunications services subject to this part 3 upon a finding that there is effective competition in the relevant market for such service and that such deregulation will promote the public interest and the provision of adequate and reliable service at just and reasonable rates.
   2. In determining whether effective competition for a specific telecommunications service exists, the commission shall make findings, after notice and opportunity for hearing, and shall issue an order based upon consideration of the following factors as the commission deems applicable in particular cases:
      1. The extent of economic, technological, or other barriers to market entry and exit;
      2. The number of other entities offering similar services;
      3. The ability of consumers to obtain the service from other providers at reasonable and comparable rates, on comparable terms, and under comparable conditions;
      4. The ability of any provider of such telecommunications service to affect prices or deter competition;
      5. Such other relevant and necessary factors, including but not limited to relevant geographic areas, as the commission deems appropriate.
   3. The commission shall approve or deny any such application for deregulation within one hundred eighty days after the filing of the application; except that the commission may, by order, defer the period within which it must act for one additional period of ninety days upon a finding that the proceeding cannot be completed within one hundred eighty days and that the additional time period is necessary for the commission to adequately and completely fulfill its duty under this subsection (1). If the commission has not acted on any such application within the appropriate time period permitted, the application shall be deemed granted.
   4. In determining geographic areas under paragraph (b) of this subsection (1), the commission shall not be unduly restrictive.
2. Any telecommunications service or product not defined in part 1 of this article or not already classified pursuant to parts 2 to 4 of this article shall be classified as an emerging competitive telecommunications service under this part 3.

Source: L. 87: Entire article R&RE, p. 1486, § 1, effective July 2. L. 2014: (1)(b)(II) amended, (HB 14-1330), ch. 151, p. 519, § 5, effective May 9.

Editor’s note: This section is similar to former § 40-15-110 as it existed prior to 1987.