2011 Kentucky Revised Statutes CHAPTER 278 PUBLIC SERVICE COMMISSION 278.514 Exempted service not to be subsidized by nonexempted, regulated telecommunications services.
KY Rev Stat § 278.514 (1996 through Reg Sess) What's This?
278.514 Exempted service not to be subsidized by nonexempted, regulated
telecommunications services.
(1)
(2)
Revenues derived from nonexempted, regulated telecommunications services,
whether essential or nonessential, shall not be used to subsidize or otherwise give
advantage to any person providing an exempted service. The commission shall
require a provider of any exempted service to keep separate accounts, to allocate
cost in accordance with procedures established by the commission, and may require
other acts that will assist the commission in enforcing this section. Any person
requesting an exemption or providing a service exempted pursuant to KRS 278.512
shall have the burden of proof to show compliance with this requirement.
(a) Except as provided in subsection (2)(b) of this section, any
telecommunications utility that willfully violates subsection (1) of this section
shall be subject to a penalty no greater than the revenue requirement effect of
moneys determined to have been misallocated in the violation. For the
purpose of calculating the penalty under this section, the commission shall not
use a period longer than five (5) years.
(b) A local exchange carrier with fewer than thirty-five thousand (35,000) access
lines who willfully violates subsection (1) of this section shall be subject to
the penalties prescribed in KRS 278.990(1).
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 306, sec. 2, effective July 14, 1992.
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