Sec.16-1-59A. Exception

The following requirements shall apply to all tariff filings by telephone companies which do not alter existing rates or charges.

(a) Components Required. All tariff filings by telephone companies which do not alter existing rates or charges shall include the following components, where applicable, in place of the components described in Sections 16-1-54 and 16-1-55, in addition to the requirements of Part I of this article.

(1) Supporting Data. Each tariff filing must be submitted to the Authority together with sworn testimony on matters of public benefit from the proposed service and cost justification for the proposed rate. The Authority may require such additional data as it deems necessary.

(2) Effective Date. Each tariff filing which does not alter existing rates or charges shall include an effective date which shall be no earlier than thirty (30) days after the filing date. Each such tariff filing may be placed into effect by the Company on the proposed effective date subject to the requirements of suspension and hearing under subsections (c) and (d) of this Section and shall be deemed approved by the Authority sixty (60) days thereafter if no action to the contrary is taken by the Authority.

(b) Notice. The Authority, by publication and by written notice to those who so request in writing, shall state the name of the Telephone Company, the proposed effective date of the new tariff, shall identify the subject matter of the new tariff, and shall state that the tariff and its supporting testimony and cost study are on file at the office of the Authority for examination by interested parties.

(c) Hearing. The Authority may on its own motion, or may upon receipt of a written petition in accordance with Article 3, Part I, order a public hearing on the proposed tariff. Upon suspension of said proposed tariff, a public hearing shall be held no later than thirty (30) days after the proposed effective date and the Authority shall issue its finding and order no later than thirty (30) days after such hearing.

(d) Suspension or effectiveness of tariff. If the proposed tariff becomes effective on its proposed effective date in accordance with subsection (a) (2) of this section it shall be subject to appropriate accounting orders to provide for possible refunds, with interest, should the rate ultimately be found unreasonable. Where a petitioner has satisfactorily demonstrated irreparable harm to his business or property should the tariff become effective, or where the Authority has determined unsatisfactory public benefit or the unreasonableness of the proposed rate, the Authority shall suspend the effective date and schedule a hearing in accordance with subsection (c) of this section.

(Effective April 12, 1978)