(a) Unless otherwise ordered by the Commission, all telecommunications companies, except commercial mobile service providers, shall file a tariff indicating the rates and charges and the classifications, terms, and conditions of its telecommunications services. The tariff shall be in such form, contain such other information, and be made available to the public in such manner as the Commission may require by rule or order.

(b) Except as provided in subsection (c), no telecommunications company shall make any change in any rate or charge or any classification, term or condition for any telecommunications service in its tariff except after thirty (30) days prior notice to the Commission or unless the Commission has previously authorized or approved the change. Any notice hereunder shall be in such form, contain such other information, and be made available to the public in such manner as the Commission may require.

(c) Unless otherwise ordered by the Commission or provided by or under authority of this Article, no

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TELECOMMUNICATIONS ACT OF 2004

telecommunications company shall provide or resell any telecommunications service unless tariffs relating to that telecommunications service have been filed and the notice period has expired. Unless otherwise ordered by the Commission or provided by or under authority of this Article, no telecommunications company shall

(1) charge, demand, collect or receive a greater or less or different compensation for such service than the charges specified in its tariffs,

(2) refund or remit by any means or device any portion of the charges so specified, or

(3) extend to any person any privileges or facilities or employ or enforce any classifications, terms and conditions, except as specified in such tariffs.

(d) A telecommunications company may discount or reduce any rate or charge for a telecommunications service in its tariff of current rates and charges by filing notice of such discount or reduction with the Commission. A discount or reduction in any rate or charge under this subsection shall become effective without Commission review or approval.

(e) Whenever any notice is filed under this Section, the Commission may, upon complaint or its own initiative, suspend in whole or in part the operation and effectiveness of any revised rate, charge, classification, term or condition for a period of not more than four (4) months and enter upon an investigation concerning the lawfulness thereof. After notice to the affected telecommunications company and opportunity for a hearing, the Commission may approve, reject, or approve with conditions the proposed tariff or make such other order with reference thereto as would be proper in a proceeding initiated after such rate, charge, classification, term or condition had become effective. In the event the Commission does not reject or approve with conditions the proposed revision within the aforementioned four months, the proposed revision shall be deemed approved.

(f) The Commission may, in its discretion and for good cause shown, modify any requirement in this Section either inTELECOMMUNICATIONS ACT OF 2004

particular instances or by general order applicable to special circumstances or conditions, except that the Commission may not increase the notice period specified in subsection (b).

SOURCE: Added by P.L. 27-110:10 (Nov. 1, 2004).