Tennessee § 65-5-108 - Classification of services — Exempt services — Price floor — Maximum rates for non-basic services.

§ 65-5-108. Classification of services — Exempt services — Price floor — Maximum rates for non-basic services.

Services of incumbent local exchange telephone companies who apply for price regulation under § 65-5-109 are classified as follows: “Basic local exchange telephone services” are telecommunications services which are comprised of an access line, dial tone, touch-tone and usage provided to the premises for the provision of two-way switched voice or data transmission over voice grade facilities of residential customers or business customers within a local calling area, Lifeline, Link-Up Tennessee, 911 Emergency Services and educational discounts existing on June 6, 1995, or other services required by state or federal statute. These services shall, at a minimum, be provided at the same level of quality as is being provided on June 6, 1995. Rates for these services shall include both recurring and nonrecurring charges. “Non-basic services” are telecommunications services which are not defined as basic local exchange telephone services and are not exempted under subsection (b). Rates for these services shall include both recurring and nonrecurring charges. The commission, after notice and opportunity for hearing, may find that the public interest and the policies set forth in this part are served by exempting a service or group of services from all or a portion of the requirements of this part. Upon making such a finding, the commission may exempt telecommunications service providers from such requirements as appropriate. The commission shall in any event exempt a telecommunications service for which existing and potential competition is an effective regulator of the price of those services. Effective January 1, 1996, an incumbent local exchange telephone company shall adhere to a price floor for its competitive services subject to such determination as the commission shall make pursuant to § 65-5-107. The price floor shall equal the incumbent local exchange telephone company's tariffed rates for essential elements utilized by competing telecommunications service providers plus the total long-run incremental cost of the competitive elements of the service. When shown to be in the public interest, the commission shall exempt a service or group of services provided by an incumbent local exchange telephone company from the requirement of the price floor. The commission shall, as appropriate, also adopt other rules or issue orders to prohibit cross-subsidization, preferences to competitive services or affiliated entities, predatory pricing, price squeezing, price discrimination, tying arrangements or other anti-competitive practices. The maximum rate for any new non-basic service first offered after June 6, 1995, shall not exceed the stand-alone cost of the service. Acts 1995, ch. 408, § 9; T.C.A. § 65-5-208 ; Acts 2017, ch. 94, § 52. Compiler's Notes. Acts 1995, ch. 305 § 23, which substituted “authority” for “commission” throughout this chapter, is deemed to amend this section, effective July 1, 1996. Amendments. The 2017 amendment substituted “commission” for “authority” throughout (b) and (c). Effective Dates. Acts 2017, ch. 94, § 83. April 4, 2017.