392.510. 1. Telecommunications companies may file proposed tariffsfor any competitive or transitionally competitive telecommunicationsservice, which includes and specifically describes a range, or band,setting forth a maximum and minimum rate within which range a change inrates or charges for such telecommunications service could be made withoutprior notice or prior commission approval.
2. The commission may approve such a proposed tariff for atransitionally competitive service only if a noncompetitive ortransitionally competitive telecommunications company demonstrates, and thecommission finds, that any and all rates or charges within the band orrange are consistent with the public interest and the provisions andpurposes of this chapter. To the extent any proposed band or rangeencompasses rates or charges which are not consistent with the publicinterest and the provisions and purposes of this chapter, the commissionshall have the power, upon notice and after hearing, to modify the level,scope or limits of such band or range, as necessary, to ensure that ratesor charges resulting therefrom are consistent with the public interest andthe provisions and purposes of this chapter.
3. The provisions of sections 392.220, 392.230, and 392.500 shall notapply to any rate increase or decrease within the band or range authorizedpursuant to this section. A telecommunications company shall file writtennotice of the rate change and its effective date with the commission withinten days after the effective date of any increase or decrease authorizedpursuant to this section.
4. Any tariffs that have been approved by the commission prior toSeptember 28, 1987, which establish a range or band of rates within whichrange or band of rates a change in rates or charges for suchtelecommunications service could be made without prior notice or priorcommission approval shall be deemed approved by the commission. Theprovisions of sections 392.220, 392.230, and 392.500 shall not apply to anyrate increase or decrease within such band or range.
(L. 1987 H.B. 360, A.L. 2008 H.B. 1779)