§ 378:18-b — Special Contracts; Telephone Utilities

I. In this section:
(a) "Toll service" means switched telephone calls to locations outside of the local service area of the caller, as defined in the serving telephone utility's tariffs on file with the commission.
(b) "Incumbent local exchange carrier" means a local exchange carrier authorized to do business in the state prior to the passage of the federal Telecommunications Act of 1996.
II. (a) Except as provided in RSA 378:18-b, III, any special contracts for incumbent local exchange carriers providing telephone services shall be filed with the commission and shall become effective 30 days after filing, provided the rates are set not less than:
(1) The incremental cost of the relevant service; or
(2) Where the telephone utility's competitors must purchase access from the telephone utility to offer a competing service, the price of the lowest cost form of access that competitors could purchase to compete for customers with comparable volumes of usage, plus the incremental cost of related overhead.
(b) The commission may, in its discretion and with reasonable explanation, extend the effective date of the special contract by 30 days.
III. Notwithstanding any other law to the contrary, special contracts for toll service provided by incumbent local exchange carriers need not be filed with the commission for its approval in order for the special contract to take effect. Copies of such special contracts shall be filed with the commission within 7 business days after the special contract's effective date. The commission may investigate a special contract for toll service to determine whether the rates are consistent with the cost considerations of this section. If the special contract for toll service is not consistent with the cost considerations of this section, the parties shall either cancel the special contract or agree to revise the rate.

Legislative History

1996, 186:4. 2001, 76:1, eff. Aug. 18, 2001.