2023 New Hampshire Revised Statutes › Title XXXIV - Public Utilities › Chapter 374 - General Regulations › Section 374:3-b - Alternative Regulation of Small Incumbent Local Exchange Carriers.

374:3-b Alternative Regulation of Small Incumbent Local Exchange Carriers. –
I. In this section, "small incumbent local exchange carrier" means an incumbent local exchange carrier serving fewer than 25,000 access lines.
II. Solely at its option, a small incumbent local exchange carrier subject to rate of return regulation, and only such small incumbent local exchange carrier, may petition the public utilities commission for approval of an alternative form of regulation providing for regulation of such carrier's retail operations comparable to the regulation applied to competitive local exchange carriers, subject to paragraph III, due to its status as carrier of last resort.
III. The commission shall approve the alternative regulation plan if it finds that:
(a) The small incumbent local exchange carrier has 25 percent fewer access lines in service than it did on December 31, 2004;
(b) The plan provides for maximum stand-alone basic local service rates at levels that do not exceed the comparable rates charged by the largest incumbent local exchange carrier operating in the state and that do not increase by more than 5 percent in each of the 4 years after a plan is approved with the exception that the plan may provide for additional rate adjustments, with public utilities commission review and approval, to reflect changes in federal, state, or local government taxes, mandates, rules, regulations, or statutes;
(c) The plan meets intercarrier service obligations under other applicable laws;
(d) The plan preserves universal access to affordable stand-alone basic telephone service; and
(e) The plan provides that, if the small incumbent local exchange carrier operating under the plan fails to meet any of the conditions set out in this section, the public utilities commission may require the small incumbent local exchange carrier to propose modifications to the alternative regulation plan or return to rate of return regulation.
IV. The alternative regulation plan may allow the small incumbent local exchange carrier to offer bundled services that include combinations of telecommunications, data, video, and other services.
V. Following approval of the alternative regulation plan, the small incumbent local exchange carrier shall no longer be subject to rate of return regulation or be required to file affiliate contracts or seek prior commission approval of financings or corporate organizational changes, including, without limitation, mergers, acquisitions, corporate restructurings, issuance or transfer of securities, or the sale, lease, or other transfer of assets or control.
VI. Notwithstanding any other provision of law, competitive entry in the service territory of a small incumbent local exchange carrier which has petitioned for approval of an alternative regulation plan, is consistent with the public good for the specific purpose of RSA 374:22-g and approval of such competitive entry shall not require a hearing as required under RSA 374:26.
Source.
2005, 263:7. 2006, 154:1, eff. July 21, 2006. 2011, 175:1, eff. June 14, 2011.