49-21-01.3. Certain price changes from surcharges - Essential telecommunications services

49-21-01.3. Certain price changes from surcharges - Essential telecommunications

services.

1. This section does not prohibit the lowering of a price of an essential service based on

reasonable business practices in a competitive environment except a price change

may not be anticompetitive or otherwise in violation of antitrust or unfair trade practice

laws.

2. Whenever a price change provided for in this section is less than three percent of the

existing price, notwithstanding any time limitations in this section, a

telecommunications company may accumulate such changes in price subject to the

following conditions:

a. Price increases may be accumulated up to a percentage total of five percent.

b. Price decreases may be accumulated only to the extent that there is an offsetting

accumulated price increase of an equal or greater percentage. Accumulated price

decreases may never exceed accumulated price increases.

c. Price decreases may be accumulated only for two years beginning January first

of the year in which the change is allowed.

d. Accumulated price increases may be implemented at the discretion of the

telecommunications company.

e. The effective date of implementation of an accumulated price change may be

prospective only, and in accordance with the filing requirements of section

49-21-04.

3. This chapter does not prohibit an incumbent local exchange carrier from deaveraging

local exchange service prices provided the incumbent local exchange carrier agrees to

amend its commission-approved interconnection agreements to allow for deaveraged

interconnection prices effective concurrently with the deaveraged retail prices.