Title 46, Chapter 5, Section 166
( 46-5-166)
(a) An electing local exchange company shall have its rates for
basic local exchange services determined pursuant to this Code
section. (b) Rates for basic local exchange services for residential and
single line business customers in effect on the date the local
exchange company becomes subject to alternative regulation described
in this article shall be the maximum rates that the local exchange
company may charge for basic local exchange services for a period of
five years, provided that such maximum rates are subject to review
by the commission pursuant to subsection (f) of this Code section
under rules promulgated by the commission. During such period, the
local exchange company may charge less than the authorized maximum
rates for basic local exchange services. Thereafter, rate
adjustments for basic local exchange services may be made pursuant
to subsection (c) of this Code section. (c) Rates for basic local exchange services may be adjusted by the
electing company subject to an inflation based cap. Inflation shall
be measured by the change in the GDP-PI. The electing company is
authorized to adjust the cap on an annual basis. The cap requires
that the annual percentage rate increase for basic local exchange
services shall not exceed the greater of one-half of the percentage
change in the GDP-PI for the preceding year when the percentage
change in the GDP-PI exceeds 3 percent or the GDP-PI minus 2
percentage points. (d) In the event the GDP-PI is no longer available, the commission
shall elect a comparable broad national measure of inflation
calculated by the United States Department of Commerce for its use. (e) The local exchange company shall set rates for all other local
exchange services on a basis that does not unreasonably discriminate
between similarly situated customers; provided, however, that all
such rates are subject to a complaint process for abuse of market
position in accordance with rules to be promulgated by the
commission. Competing local exchange companies may resell local
exchange services purchased from other local exchange companies. (f)(1) Except as otherwise provided in this subsection, the rates
for switched access by each Tier 1 local exchange company shall be
no higher than the rates charged for interstate access by the same
local exchange company. The rates for switched access shall be
negotiated in good faith between the parties. In the event that
the rates for switched access cannot be negotiated between the
parties, any party may petition the commission to set reasonable
rates, terms, or conditions for switched access. The commission
shall render a final decision in any proceeding initiated pursuant
to the provisions of this paragraph no later than 60 days after
the close of the record except that the commission, by order, may
extend such period in any case in which it shall find that the
complexity of the issues and the length of the record require an
extension of such period, in which event the commission shall
render a decision at the earliest date practicable. In no event
shall the commission delay the rendering of a final decision in
such proceeding beyond the earlier of 120 days after the close of
the record or 180 days from the filing of the notice of petition
for determination of rates for switched access that initiated the
proceeding. (2) Each Tier 2 local exchange company shall, prior to July 1,
2000, adjust in equal annual increments its intrastate switched
access charges to parity with its similar interstate access rates.
The commission shall have authority to govern the transition of
Tier 2 local exchange company switched access rates to their
corresponding interstate levels and shall allow adjustment of
other rates, including those of basic local exchange services or
universal service funds, as may be necessary to recover those
revenues lost through the concurrent reduction of the intrastate
switched access rates. In no event shall such adjustments exceed
the revenues associated with intrastate to interstate access
parity as of July 1, 1995. In addition, if access revenues have
dropped below July 1, 1995, levels in subsequent years, the
adjustment in those years will be based on the reduced balance.
Any intrastate to interstate switched access adjustments resulting
in increased local rates that have been capped under subsection
(b) of this Code section will be allowed and a new cap will be
established pursuant to this Code section. In the event that the
rates for switched access cannot be negotiated in good faith
between the parties, the commission shall determine the reasonable
rates for switched access in accordance with the procedures
provided in paragraph (1) of this subsection. (g) In accordance with rules to be promulgated by the commission,
any electing company shall file tariffs with the commission for
basic local exchange services and other local exchange services that
state the terms and conditions of such services and the rates as
established pursuant to this Code section. |