§ 49-21-23 — Construction of facilities - Cost recovery

1. A telecommunications company is not required to construct, modify, or extend
telecommunications facilities at the request or for the use of another
telecommunications company except as required by the federal act.
2. The commission must allow a telecommunications company to recover in advance
from the benefited company or customer any nonrecurring costs incurred at the
request of another telecommunications company, a particular customer, or to comply
with a commission order, including any order issued under section 49-21-10.2, for
construction, modification or extension of the company's network in excess of the
normal course of business and primarily for the benefit of another telecommunications
company or for a particular customer, and not due to any negligence or misconduct on
the part of the company. This subsection does not apply to:
a. Costs incurred to extend or modify a network to provide for interconnection,
collocation, network access, or the sale of unbundled network elements, unless
those costs are identifiable and specific to a particular end-user customer, or
wholesale services to another telecommunications company under the federal
act;
b. Costs incurred to remedy discriminatory or unequal treatment that has been
found to exist by the commission or an arbitrator; or
c. Costs for which some other recovery treatment is specifically provided in federal
or state law.