392.361. Classification of telecommunications company, services--procedure--effect of classification.

MISSOURI STATUTES AND CODES

392.361. Classification of telecommunications company, services--procedure--effect of classification.

Classification of telecommunications company,services--procedure--effect of classification.

392.361. 1. As an alternative to the provisions of section 392.245,a telecommunications company, including price-cap regulated companies, mayfile with the commission a petition to be classified as a competitivetelecommunications company or a transitionally competitivetelecommunications company under this section, or to have servicesclassified as competitive or transitionally competitive telecommunicationsservices under this section.

2. The commission shall serve by regular mail a copy of any petitionor motion filed under subsection l of this section on alltelecommunications companies that have applied for authority to provide orare authorized to provide intrastate telecommunications service within thisstate. In response to a petition filed, the commission shall afford allinterested persons reasonable notice and an opportunity to be heard todetermine whether a telecommunications company or service may be subject tosufficient competition to justify a lesser degree of regulation. In makingthis determination, the commission shall, within nine months of the filingof the petition under this section, consider all relevant factors and shallissue written findings of fact delineating all factors considered. In anyhearing involving the same telecommunications service or company, thecommission may, if appropriate and if no new finding of fact is required,rely on a finding of fact made in a prior hearing.

3. The commission may classify a telecommunications company as acompetitive telecommunications company upon a finding that a majority ofits telecommunications services offered by such company are competitivetelecommunications services.

4. If, after following the procedures required under subsection 2 ofthis section, the commission determines that a telecommunications serviceis subject to sufficient competition to justify a lesser degree ofregulation and that such lesser regulation is consistent with theprotection of ratepayers and promotes the public interest it may, by order,classify:

(1) The subject telecommunications service offered by atelecommunications company as a competitive telecommunications service;

(2) The subject telecommunications service offered by anoncompetitive or transitionally competitive telecommunications company asa transitionally competitive telecommunications service;

(3) The subject telecommunications company, subject to the conditionset forth in subsection 3 of this section, as a competitivetelecommunications company; or

(4) The subject interexchange telecommunications company as atransitionally competitive telecommunications company.

5. By its order classifying a telecommunications service ascompetitive or transitionally competitive or a telecommunications companyas competitive or transitionally competitive, the commission may, withrespect to that service or company and with respect to one or moreproviders of that service, suspend or modify the application of its rulesor the application of any statutory provision contained in sections 392.200to 392.340, except as provided in section 392.390.

6. If the commission suspends the application of a statutoryrequirement under this section, it may require a telecommunications companyto comply with any conditions reasonably made necessary to protect thepublic interest by the suspension of the statutory requirement. Theexchange access rates of an incumbent local exchange company that isdeclared a competitive telecommunications company shall not exceed therates that were charged at the time the company became a competitivetelecommunications company. The exchange access rates of an alternativelocal exchange company shall not exceed the exchange access rates of theincumbent local exchange company against whom the alternative localexchange company is competing.

7. A telecommunications company may file a petition to have atelecommunications service it then offers classified as competitive ortransitionally competitive under this section no more than once every twoyears, unless exceptional circumstances are demonstrated. Atelecommunications company shall consolidate in a single petition alltelecommunications services the company then offers which it seeks toclassify as competitive or transitionally competitive within two years fromthe date such petition is filed, unless the commission determines, for goodcause shown, that a waiver of this provision should be granted.

8. Notwithstanding the foregoing or the provisions of section392.245, intrastate operator and directory services, including directoryassistance services, shall be deemed competitive on a statewide basis forall local exchange telecommunications companies.