Sec.16-250b-4. Procedures for regulating rates and charges

In regulating carriers, the Department shall follow the procedures below.

(a) (1) Regulation of Rates. For any initial application and for any subsequent tariff filing which proposes to alter existing rates and charges, the Department shall require each carrier to submit an application or filing according to the procedures established in sections 16-1-45 et seq. of these regulations and the provisions in subdivisions (2), (3) and (4) of this subsection, in accordance with 16-1-1 et seq. of these regulations.

(2) Components Required. The Department shall require that all initial applications and all filings submitted for cellular mobile telephone service which propose to alter existing rates or charges shall include the following components, where applicable, instead of the components described in sections 16-1-54 and 16-1-55 of these regulations:

(A) Supporting Data. The Department shall require that all initial applications and all tariff filings which propose to alter existing rates and charges shall be submitted to the Department with sworn testimony on matters of public benefit from the affected service and cost justification for the proposed rate. The Department may require such additional data as it deems necessary.

(B) Effective Date. The Department shall require that all initial applications and all tariff filings which propose to alter existing rates and charges shall include a proposed effective date which shall be no earlier than seven (7) days after the filing date. Such proposed effective date shall be suspended, in any event, until after the Department issues a decision on the application or filing.

(3) Notice. The Department, by publication and written notice to any person who requests in writing to receive notice, shall include the following in its notice: the carrier's name, the application's or filing's proposed effective date, a description of the subject matter in the application or filing, and a statement that the application or filing, supporting testimony and cost study are on file at the Department's offices for examination and comment by interested persons.

(4) Hearing. The Department shall order a public hearing on the application or filing. A public hearing shall be convened on or before thirty (30) days after the proposed effective date in the application or filing. The Department shall issue its decision and orders on or before thirty (30) days after the hearing, unless the applicant waives such a deadline.

(b) For any tariff filing which proposes any new service or language change without altering existing rates and charges, the Department shall follow and shall require any carrier to follow the procedure established in section 16-1-59A of these regulations. The Department shall require any carrier to file any proposed tariff filing following the procedures in section 16-1-45 et seq. of these regulations, in accordance with section 16-1-1 et seq. of these regulations.

(Effective January 29, 1986)