(1)(a) Notwithstanding any other provision of this title, upon its own motion or upon application by any person, the commission shall regulate, pursuant to part 3 of this article, specific telecommunications services regulated under this part 2 upon a finding that there is effective competition in the relevant market for such service and that such regulation under part 3 of this article will promote the public interest and the provision of adequate and reliable service at just and reasonable rates.(b) In determining whether effective competition for a specific telecommunications service exists, the commission shall make findings, after notice and opportunity for hearing, and shall issue an order based upon consideration of the following factors: (I) The extent of economic, technological, or other barriers to market entry and exit;(II) The number of other providers offering similar services in the relevant geographic area;(III) The ability of consumers in the relevant geographic area to obtain the service from other providers at reasonable and comparable rates, on comparable terms, and under comparable conditions;(IV) The ability of any provider of such telecommunications service

to obtain the service from other providers at reasonable and comparable rates, on comparable terms, and under comparable conditions;(IV) The ability of any provider of such telecommunications service to affect prices or deter competition; and(V) Such other factors as the commission deems appropriate.(c) In determining geographic areas under paragraph (b) of this subsection (1), the commission shall not be unduly restrictive.L. 87: Entire article R&RE, p. 1484, § 1, effective July 2.