| (j) Subsequent review of the promotional rates. If
promotional rates for a service are approved under the procedures
set forth in this section, the commission's Office of Regulatory Affairs,
the Office of Public Utility Counsel, or any affected person may file
with the commission a petition seeking modification of the rates or
terms under which the promotional rate is offered or withdrawal of
the promotional rate. If multiple promotional rate periods are approved
for a service under the provisions of this section and if the reports
filed in accordance with subsection (h) of this section indicate that
the rates for the service did not recover the costs of the service
as required in subsection (f) of this section, the commission must
initiate an inquiry into the reasonableness of such promotional rates
and must suspend those rates pending the completion of the inquiry.
(k) Provisions for SLECs. Notwithstanding §26.208
of this title and subsections (c), (d), and (f) of this section, the
provisions of this subsection apply to a small local exchange company
(SLEC) as defined in §26.5 of this title (relating to Definitions).
If the presiding officer determines that the SLEC is seeking to adopt
as its promotional rates for its services the rates for the same or
similar services offered by an incumbent local exchange carrier:
(1) the SLEC's proposed rates and terms of the service
will be deemed not to be unreasonably preferential, prejudicial, or
discriminatory, subsidized directly or indirectly by regulated monopoly
services, or predatory or anticompetitive; and
(2) a waiver of the incremental cost standard will
be granted.
|
