§ 227c. Nondominant carriers

(a) The Commission may modify, reduce, or suspend the requirements under this title as applied to nondominant providers of telecommunications service. The Commission may act by rule, or, after notice and opportunity for hearing, it may act by order. The modifications, reductions, or suspensions may apply to one or more classes of nondominant providers, and may apply differently to each class. The Commission may modify, suspend, or reduce any or all of the regulatory requirements under sections 104, 105, 107-109, 225, 226, subsection 227(a), and sections 229 and 311 of this title.

(b) In determining whether a carrier or class of carriers is nondominant, the Commission shall consider whether the carriers have sufficient market power to set prices for the market.

(c) In determining whether to modify, reduce, or suspend regulatory requirements, the Commission shall consider whether competition in the market combined with the remaining requirements under this title:

(1) will be sufficient to ensure that the charges, practices, classifications, or regulations related to the service are just and reasonable, and are not unjustly or unreasonably discriminatory; and

(2) will afford the public at least as much protection as the applicable regulatory requirements being suspended or reduced.

(d) Upon petition of the Department, the Commission shall, and upon its own initiative the Commission may, investigate whether it should reimpose any regulatory requirements which it has modified, suspended, or reduced under this section. If the Commission finds, after notice and an opportunity for hearing, and after considering the factors identified in subsection (c) of this section, that the public is not sufficiently protected, the Commission may reimpose any regulatory provisions that the Commission deems necessary. Pending any final order, the Commission may reimpose any regulatory requirements on a temporary basis as it determines is just and reasonable. (Added 1999, No. 67 (Adj. Sess.), § 3.)