69-3-807. Regulation of rates and charges. (1) As to telecommunications service that is provided under regulation, the commission may establish specific rates, tariffs, or fares for the provision of the service to the public. The rates, tariffs, or fares must be just, reasonable, and nondiscriminatory.
     (2) Alternatively, the commission may authorize the provision of regulated telecommunications service under terms and conditions that best serve the declared policy of this state. For a service detariffed under this subsection, the provider shall maintain a current price list on file with the commission and shall provide notice of changes in the price list as prescribed by the commission. The commission is not required to fix and determine specific rates, tariffs, or fares for the service and in lieu thereof may:
     (a) totally detariff the service;
     (b) detariff rates for the service but retain tariffs for service standards and requirements;
     (c) establish only maximum rates, only minimum rates, or permissible price ranges as long as the minimum rate is cost compensatory; or
     (d) provide such other rate or service regulation as will promote the purposes of this part.
     (3) Except as provided in subsection (4), in determining applications under subsection (2), the commission shall consider the following factors:
     (a) the number, size, and distribution of alternative providers of service;
     (b) the extent to which services are available from alternative providers in the relevant market;
     (c) the ability of alternative providers to make functionally equivalent or substitute services readily available;
     (d) the overall impact of the proposed terms and conditions on the continued availability of existing services at just and reasonable rates; and
     (e) other factors that the commission may prescribe through rulemaking that are appropriate to fulfill the purposes of this part.
     (4) Notwithstanding the provisions of subsection (3), the commission may exercise its power under subsection (2)(c) with respect to any services of a telecommunications provider if the commission finds that action consistent with the provisions of 69-3-802 and with the public interest. Noncompetitive local exchange access to end-users and carrier access services may not be detariffed.
     (5) A provider of regulated message telecommunications service and related services shall average its service rates on its routes of similar distance within the state unless otherwise authorized by the commission. Nothing contained in this subsection may be construed to prohibit volume discounts, discounts in promotional offerings, or other discounts as long as the discounts are not offered in a discriminatory manner.
     (6) All providers of comparable regulated telecommunications services within a market area must be subject to the same standards of regulation. For purposes of this section, regulated telecommunications services are comparable to the extent alternative providers can make functionally equivalent substitutes or substitute services readily available.

     History: En. Sec. 7, Ch. 546, L. 1985; amd. Sec. 3, Ch. 210, L. 1991.