2014 Kentucky Revised Statutes CHAPTER 278 - PUBLIC SERVICE COMMISSION 278.543 Adoption of price regulation plan -- Rate caps and adjustments -- Jurisdiction of commission -- Exemptions -- Withdrawal from regulation under KRS 278.541 to 278.544.
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278.543 Adoption of price regulation plan -- Rate caps and adjustments -Jurisdiction of commission -- Exemptions -- Withdrawal from regulation
under KRS 278.541 to 278.544.
Any telephone utility, at its discretion and without commission approval, may elect to
adopt the price regulation plan set forth below.
(1) An election under this section shall be effective immediately upon written
notification from the electing utility to the commission. The election shall remain
effective until withdrawn by the electing utility.
(2) The rate for basic local exchange service for an electing utility, other than an
electing small telephone utility as defined in KRS 278.516, shall be capped for
a period of sixty (60) months from the date of the election. Subject to the
limitations in KRS 278.541 to 278.544, an electing utility may seek a rate
adjustment for basic local exchange services according to the terms of
regulation applicable to the basic local exchange services of any ILEC on June
30, 2006, or a previously approved or new price regulation proposal for basic
service pursuant to KRS 278.512. These rate adjustments may become
effective on or after the day following the end of the sixty (60) months.
(3) Electing utilities shall retain on file with the commission tariffs for basic local
exchange services and intrastate switched-access services. Tariffs filed in
accordance with subsection (2) of this section shall be deemed valid and
binding upon the effective date stated in the tariff.
(4) An electing utility's rates for intrastate switched-access service shall not
exceed its rates for this service that were in effect on the day prior to the date
the utility filed its notice of election.
(5) The commission shall have original jurisdiction over complaints as to basic
local exchange service of any electing telephone utility, except that the
commission shall not have jurisdiction to set, investigate, or determine rates as
to any electing telephone utility other than as set forth in this section. Upon a
complaint in writing made against any electing telephone utility by any person
stating that basic local exchange service in which that complainant is directly
interested is unreasonable, unsafe, insufficient, or unjustly discriminatory, or
that basic local exchange service is inadequate or cannot be obtained, the
commission shall proceed, with or without notice, to make such investigation as
it deems necessary or convenient. The commission may also make such an
investigation on its own motion. No order concerning a complaint shall be
entered by the commission without a formal public hearing. A person may
intervene in accordance with commission administrative regulations. The
commission shall fix the time and place for the hearing and shall provide notice
to the electing telephone utility and the complainant not less than twenty (20)
days in advance. The commission may dismiss any complaint without a
hearing if it decides that a hearing is not necessary, in the public interest, or for
the protection of substantial rights. The complainant and the electing telephone
utility shall be entitled to be heard in person or by an attorney and to introduce
evidence.
(6) An electing utility's rates, charges, earnings, and revenues shall be deemed to
be just and reasonable under KRS 278.030 and administrative regulations
promulgated thereunder upon election. Except as set forth in KRS
(7)
(8)
(9)
278.542(1)(a) and (b), an electing telephone utility shall be exempt from KRS
278.190, 278.192, 278.200, 278.230(3), 278.255, 278.260, 278.270, 278.280,
278.290, and 278.300 and administrative regulations promulgated thereunder.
The utility shall also be exempt from any rules, orders, or regulations of the
commission requiring the retention or filing of financial reports, classifications,
depreciation or other schedules, or any other information not required by the
Federal Communications Commission.
An electing small telephone utility, as defined in KRS 278.516, may withdraw
from being so regulated by providing written notice of withdrawal to the
commission.
Under the following circumstances, any electing utility may withdraw from
being so regulated by providing written notice to the commission:
(a) Upon the approval pursuant to KRS 278.512 of a company-specific
alternative regulation plan; or
(b) Upon filing notice with the commission of its adoption of the applicable
provisions of any alternative regulation plan previously approved by the
commission. The adoption shall become effective upon filing of the notice.
The rates for basic local exchange service for an electing small telephone
utility as defined in KRS 278.516 shall be capped for a period of twelve (12)
months from the date of the election. Annually thereafter, an electing small
telephone utility may not increase rates for an individual basic local exchange
service by more than the increase in the annual average of the Consumer
Price Index for all urban consumers for the most recent calendar year as
published by the United States Department of Labor, Bureau of Labor
Statistics.
Effective:July 12, 2006
History: Created 2006 Ky. Acts ch. 239, sec. 3, effective July 12, 2006.
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