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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>58465</law_id><section_number>56-481.2</section_number><catch_line>Rates, charges and regulations for local exchange telephone services provided by new entrants</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>56-77</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="56">Public Service Companies</unit><unit label="chapter" level="2" order_by="1" identifier="15">Telegraph and Telephone Companies</unit><unit label="article" level="3" order_by="1" identifier="3">Supervision by Commission</unit></structure><text>
						<section><p>If, under subsection B of &#xA7;&#xA0;<a class="law" title="Certificate to operate as a telephone utility" href="/56-265.4_4/">56-265.4:4</a>, a certificate of public convenience and necessity is issued to a new entrant to provide <span class="dictionary">local exchange telephone service</span>, the <span class="dictionary">Commission</span> shall at the same time adopt a form of regulation for the new entrant&#x2019;s local exchange services and, upon application pursuant to &#xA7;&#xA0;<a class="law" title="Telephone regulatory alternatives" href="/56-235.5/">56-235.5</a>, for the incumbent local exchange telephone <span class="dictionary">company</span>, that does not regulate the earnings of either. In approving the form of regulation of the new entrant&#x2019;s local exchange services, the <span class="dictionary">Commission</span> shall do so in a manner that is <span class="dictionary">equitable</span> to the new entrant and the incumbent local exchange telephone <span class="dictionary">company</span> and in the public interest. In determining the appropriate form of regulation for the new entrant, the <span class="dictionary">Commission</span> shall: (i) consider whether the form of regulation reasonably protects the affordability of basic <span class="dictionary">local exchange telephone service</span>, as such service is defined by the <span class="dictionary">Commission</span>, and reasonably assures the continuation of quality <span class="dictionary">local exchange telephone service</span>; and (ii) find that such action will not unreasonably prejudice or disadvantage any class of telephone <span class="dictionary">company</span> customers or telephone service providers, including the new entrant and incumbent local exchange telephone <span class="dictionary">company</span>, and is in the public interest. In approving the appropriate form of regulation for the new entrant, the <span class="dictionary">Commission</span> may take such action as it deems appropriate in the public interest, with due consideration being given to the competitiveness of the services, including deregulation and detariffing the services. Nothing in this section shall be construed to deprive the <span class="dictionary">Commission</span> of its power to modify the form of regulation, after notice and an opportunity for <span class="dictionary">hearing</span>, if it finds that competition or the potential for competition no longer effectively regulates the price of a service. Except as provided for in this section and in subsection B of &#xA7;&#xA0;<a class="law" title="Certificate to operate as a telephone utility" href="/56-265.4_4/">56-265.4:4</a>, no other provision of <span class="dictionary">law</span> relating to the regulation of <span class="dictionary">rates</span>, charges, and regulation of <span class="dictionary">local exchange telephone services</span> shall apply to the provision of such services by new entrants.</p></section></text><history>1995, cc. 22, 35, 187; 2001, c. 75.</history><metadata></metadata></law>
