§ 40-15-207 — Reclassification of services and products

(1) (a)
Notwithstanding any other provision of this title, upon its own motion or upon
application by any person, the commission shall regulate, pursuant to part 3 of this
article, specific telecommunications services regulated under this part 2 upon a
finding that there is effective competition in the relevant market for such service
and that such regulation under part 3 of this article will promote the public interest
and the provision of adequate and reliable service at just and reasonable rates.

(b) 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:

(I) The extent of economic, technological, or other barriers to market entry
and exit;

(II) The number of other providers offering similar services in the relevant
geographic area;

(III) The ability of consumers in the relevant geographic area to obtain the
service from other providers at reasonable and comparable rates, on comparable
terms, and under comparable conditions;

(IV) The ability of any provider of such telecommunications service to affect
prices or deter competition; and

(V) Such other factors as the commission deems appropriate.

(c) In determining geographic areas under paragraph (b) of this subsection
(1), the commission shall not be unduly restrictive.

Legislative History

Source: L. 87: Entire article R&RE, p. 1484, � 1, effective July 2.