Conn. Agencies Regs. § 16-250b-2 - Conditions under which the department may forbear from regulating cellular mobile telephone service
(a) The Department
shall continue to regulate carriers, by each New England County Metropolitan
Area (NECMA) as defined by the Federal Communications Commission, for eighteen
months after two carriers begin to offer service in the NECMA. At the end of
this eighteen-month period, the Department shall conduct a public hearing to
determine whether to forbear from regulating the rates for cellular mobile
telephone service in the NECMA and shall issue a decision thereon. The
Department may forbear from regulating the rates for cellular mobile telephone
service in any NECMA when either of the following conditions in subdivisions
(1) or (2) prevails at the same time that the conditions in subdivisions (3)
and (4) prevail:
(1) two or more carriers are
licensed or permitted to provide service, and are offering service, in the
NECMA, or
(2) service reasonably
comparable in technology, price, and quality of service to cellular mobile
telephone service is available generally in the NECMA;
(3) no abusive practices are being undertaken
by carriers, including, but not limited to, predatory pricing and
discriminatory pricing to subscribers, and
(4) the standards in section 3 have been met,
and the Department is reasonably assured that those standards will continue to
be met by carriers and their service if the Department forbears from regulating
rates in the NECMA.
(b)
If the Department decides, after the eighteen-month period established in
subsection (a) of this section, not to forbear from regulating the rates for
cellular mobile telephone service in any NECMA, the Department may thereafter
determine whether to forbear from regulating those rates based on the
conditions in subsection (a) of this section.
(c) If the Department forbears from
regulating the rates for cellular mobile telephone service in any NECMA and any
of the conditions in subsection (a) of this section on which the Department
based a decision to forbear from regulating ceases to prevail, the Department
shall investigate the condition or change therein, hold a hearing, and issue a
decision on whether the public interest shall be served if the Department
regulates cellular mobile telephone service in that NECMA.
(d) The Department shall continue to regulate
the services, conduct of operations, accounting practices, and public safety in
accordance with section 4 of these regulations, even in the event that the
Department forbears from regulating the rates of cellular mobile telephone
service.
Notes
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