(a) Competitive and noncompetitive services.--Interexchange services provided by interexchange telecommunications carriers shall be competitive services. (b) Rate regulation.-- (1) The commission may not fix or prescribe the rates, tolls, charges, rate structures, rate base, rate of return, operating margin or earnings for interexchange competitive services or otherwise regulate interexchange competitive services except as set forth in this chapter. (2) An interexchange telecommunications carrier may file and maintain tariffs or price lists with the commission for competitive telecommunications services. (3) Nothing in this chapter shall be construed to limit the authority of the commission to regulate the privacy of interexchange service and the ordering, installation, restoration and disconnection of interexchange service to customers. (c) Reclassification.--The commission may reclassify telecommunications services provided by an interexchange telecommunications carrier as noncompetitive if, after notice and hearing, it determines, upon application of the criteria set forth in this chapter, that sufficient competition is no n interexchange telecommunications carrier as noncompetitive if, after notice and hearing, it determines, upon application of the criteria set forth in this chapter, that sufficient competition is no longer present. (d) Construction.--Nothing in this chapter shall be construed: (1) To limit the authority of the commission to resolve complaints regarding the quality of interexchange telecommunications carrier service. (2) To limit the authority of the commission to determine whether an interexchange telecommunications carrier should be extended the privilege of operating within this Commonwealth or to order the filing of such reports, documents and information as may be necessary to monitor the market for and competitiveness of interexchange telecommunications services. (Nov. 30, 2004, P.L.1398, No.183, eff. imd.) 2004 Amendment. Act 183 added section 3018.
Pennsylvania Legal Code