Reclassification of services and products.

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(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:

  1. The extent of economic, technological, or other barriers to market entry and exit;

  2. The number of other providers offering similar services in the relevant geographicarea;

  3. The ability of consumers in the relevant geographic area to obtain the service fromother providers at reasonable and comparable rates, on comparable terms, and under comparable conditions;

  4. The ability of any provider of such telecommunications service to affect prices ordeter competition; and

  5. 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.

Source: L. 87: Entire article R&RE, p. 1484, § 1, effective July 2.


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