North Dakota § 49-21-01.3 - Certain price changes from surcharges - Essential telecommunications

§ 49-21-01.3. Certain price changes from surcharges - Essential telecommunications

services. 1. This section does not prohibit the lowering of a price of an essential service based on reasonable business practices in a competitive environment except a price change may not be anticompetitive or otherwise in violation of antitrust or unfair trade practice laws. 2. Whenever a price change provided for in this section is less than three percent of the existing price, notwithstanding any time limitations in this section, a telecommunications company may accumulate such changes in price subject to the following conditions: a. Price increases may be accumulated up to a percentage total of five percent. b. Price decreases may be accumulated only to the extent that there is an offsetting accumulated price increase of an equal or greater percentage. Accumulated price decreases may never exceed accumulated price increases. c. Price decreases may be accumulated only for two years beginning January first of the year in which the change is allowed. d. Accumulated price increases may be implemented at the discretion of the telecommunications company. e. The effective date of implementation of an accumulated price change may be prospective only, and in accordance with the filing requirements of section 49-21-04. 3. This chapter does not prohibit an incumbent local exchange carrier from deaveraging local exchange service prices provided the incumbent local exchange carrier agrees to amend its commission-approved interconnection agreements to allow for deaveraged interconnection prices effective concurrently with the deaveraged retail prices.