Sec.16-250b-2. Conditions under which the department may forbear from regulating cellular mobile telephone service

(a) The Department shall continue to regulate carriers, by each New England County Metropolitan Area (NECMA) as defined by the Federal Communications Commission, for eighteen months after two carriers begin to offer service in the NECMA. At the end of this eighteen-month period, the Department shall conduct a public hearing to determine whether to forbear from regulating the rates for cellular mobile telephone service in the NECMA and shall issue a decision thereon. The Department may forbear from regulating the rates for cellular mobile telephone service in any NECMA when either of the following conditions in subdivisions (1) or (2) prevails at the same time that the conditions in subdivisions (3) and (4) prevail:

(1) two or more carriers are licensed or permitted to provide service, and are offering service, in the NECMA, or

(2) service reasonably comparable in technology, price, and quality of service to cellular mobile telephone service is available generally in the NECMA;

(3) no abusive practices are being undertaken by carriers, including, but not limited to, predatory pricing and discriminatory pricing to subscribers, and

(4) the standards in section 3 have been met, and the Department is reasonably assured that those standards will continue to be met by carriers and their service if the Department forbears from regulating rates in the NECMA.

(b) If the Department decides, after the eighteen-month period established in subsection (a) of this section, not to forbear from regulating the rates for cellular mobile telephone service in any NECMA, the Department may thereafter determine whether to forbear from regulating those rates based on the conditions in subsection (a) of this section.

(c) If the Department forbears from regulating the rates for cellular mobile telephone service in any NECMA and any of the conditions in subsection (a) of this section on which the Department based a decision to forbear from regulating ceases to prevail, the Department shall investigate the condition or change therein, hold a hearing, and issue a decision on whether the public interest shall be served if the Department regulates cellular mobile telephone service in that NECMA.

(d) The Department shall continue to regulate the services, conduct of operations, accounting practices, and public safety in accordance with section 4 of these regulations, even in the event that the Department forbears from regulating the rates of cellular mobile telephone service.

(Effective January 29, 1986)