§ 49-21-06 — Complaint against prices

There is a rebuttable presumption that prices for essential telecommunications services in
effect on July 1, 1989, are fair and reasonable. Any person may complain to the commission, or
the commission on its own motion may complain and begin investigation, of the
reasonableness, fairness, or adequacy of any price for any essential or nonessential service.
Any notice and hearing by the commission will be provided in accordance with chapter 28-32
and the commission can only set aside, after notice and hearing, any price for a service it
investigates pursuant to this section which it determines to be unreasonable, unfair, or
inadequate. This section must be construed to authorize the commission to set aside any
unreasonable, unfair, or inadequate price set by a telecommunications company for the
connection between facilities of two or more telecommunications companies and for the transfer
of telecommunications, provided this section may not be construed to set aside any price set by
contract between telecommunications companies and in effect on July 1, 1989, upon complaint
by one of the parties to the contract that the price is unreasonably high.