The Commission shall have authority, pursuant to the procedures established by
Sections 331-334 of this Act, to adopt and enforce rules to require Telecommunications
Service Providers to grant competing Telecommunications Service Providers access to
their facilities in order to provide a licensed telecommunications service. The facilities to
which the Commission may require that a Telecommunications Service Provider grant
competing service providers access may include switching facilities, ducts, conduits, and
other facilities that may be necessary for the provision of a licensed service. Such rules
as the Commission may prescribe pursuant to this Section shall also provide for the
recovery of the reasonable costs of providing such access.
B.
Tariff Regulation
Sec. 711
(a)
All licensed telecommunications service providers shall charge lawful
tariffs for their services. Lawful rates shall be just, reasonable, and not unduly
discriminatory among users or classes of users.
(b)
All tariffs of licensed telecommunications service providers that have not
been found by the Commission to possess Significant Market Power, as defined in this
Act or by Commission regulation, shall be presumed lawful. Licensed
telecommunications service providers that have not been found by the Commission to
possess Significant Market Power shall not be required to file their tariffs with the
Commission.
(c)
Any licensed telecommunications service provider that the Commission
determines possesses Significant Market Power in one or more relevant product markets
shall publish its tariffs. The Commission may direct that a licensed telecommunications
service provider that the Commission has determined possesses Significant Market Power
delay the effectiveness of any tariff until the Commission has approved said tariff. The
Commission may, by rule adopted pursuant to the procedure established in Sections 331334 of this Act, establish the standards and procedures by which it shall determine the
lawfulness of any tariff filed by a licensed telecommunications service provider that the
Commission has determined possesses Significant Market Power. Such standards shall,
inter alia, include the cost basis on which the tariff was established. In assessing cost,
the Commission shall use a forward-looking incremental cost methodology.
Sec. 712
(a)
Notwithstanding the provisions of Section 711(b) of this Act, the
Commission shall have the authority to review and control tariffs of any licensed
telecommunication service provider and to develop rules for setting tariffs in order to
ensure that such tariffs are lawful.
(b)
The Commission may, on its own motion, or in response to a petition filed
by any interested party, initiate a proceeding to determine whether the tariffs of any
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