§ 40-15-203 — Manner of regulation - refraining from regulation

(1) to (5) Repealed.

(6) (a) Upon its own motion or application of a provider of
telecommunications service regulated under this part 2, the commission may, in lieu
of reclassification of a service under section 40-15-207, examine whether it should
refrain from regulation and may refrain from regulation for competitive need for
specific telecommunications service otherwise subject to its jurisdiction.

(b) The commission shall approve or deny any such application for refraining
from regulation for competitive need 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 sixty days. If the commission
has not acted on any such application within the appropriate time period permitted,
the application shall be deemed granted.

(7) The authority granted the commission pursuant to this section is in
addition to, and not a limitation upon, other powers of the commission, and such
authority shall not be construed to be the sole or exclusive means by which the
commission may refrain from regulation under this title.

(8) Notwithstanding the provisions of this section, no expenses incurred in
the solicitation and the provision of services under this section shall be paid,
directly or indirectly, by the subscribers of the applicant's regulated services.

Legislative History

Source: L. 87: Entire article R&RE, p. 1481, � 1, effective July 2. L. 95: (1) amended, p. 756, � 4, effective May 24. L. 2014: (2), (3), (4), and (5) repealed, (HB 14-1331), ch. 152, p. 524, � 3, effective May 9.