{"data":{"id":"us-ky/krs-278.543","jurisdiction":"us-ky","citation":"KRS 278.543","heading":"Adoption of price regulation plan -- Rate caps and adjustments --","body":"Jurisdiction of commission -- Exemptions -- Withdrawal from regulation\nunder KRS 278.541 to 278.544.\nAny telephone utility, at its discretion and without commission approval, may elect to\nadopt the price regulation plan set forth below.\n(1) An election under this section shall be effective immediately upon written\nnotification from the electing utility to the commission. The election shall remain\neffective until withdrawn by the electing utility.\n(2) The rate for basic local exchange service for an electing utility, other than an\nelecting small telephone utility as defined in KRS 278.516, shall be capped for a\nperiod of sixty (60) months from the date of the election. Subject to the limit ations\nin KRS 278.541 to 278.544, an electing utility may seek a rate adjustment for basic\nlocal exchange services according to the terms of regulation applicable to the basic\nlocal exchange services of any ILEC on June 30, 2006, or a previously approved o r\nnew price regulation proposal for basic service pursuant to KRS 278.512. These rate\nadjustments may become effective on or after the day following the end of the sixty\n(60) months.\n(3) Electing utilities shall retain on file with the commission tariffs f or basic local\nexchange services and intrastate switched -access services. Tariffs filed in\naccordance with subsection (2) of this section shall be deemed valid and binding\nupon the effective date stated in the tariff.\n(4) An electing utility's rates for in trastate switched-access service shall not exceed its\nrates for this service that were in effect on the day prior to the date the utility filed\nits notice of election.\n(5) The commission shall have original jurisdiction over complaints as to basic local\nexchange service of any electing telephone utility, except that the commission shall\nnot have jurisdiction to set, investigate, or determine rates as to any electing\ntelephone utility other than as set forth in this section. Upon a complaint in writing\nmade against any electing telephone utility by any person stating that basic local\nexchange service in which that complainant is directly interested is unreasonable,\nunsafe, insufficient, or unjustly discriminatory, or that basic local exchange service\nis inadequate or cannot be obtained, the commission shall proceed, with or without\nnotice, to make such investigation as it deems necessary or convenient. The\ncommission may also make such an investigation on its own motion. No order\nconcerning a complaint shall b e entered by the commission without a formal public\nhearing. A person may intervene in accordance with commission administrative\nregulations. The commission shall fix the time and place for the hearing and shall\nprovide notice to the electing telephone uti lity and the complainant not less than\ntwenty (20) days in advance. The commission may dismiss any complaint without a\nhearing if it decides that a hearing is not necessary, in the public interest, or for the\nprotection of substantial rights. The complaina nt and the electing telephone utility\nshall be entitled to be heard in person or by an attorney and to introduce evidence.\n(6) An electing utility's rates, charges, earnings, and revenues shall be deemed to be just\nand reasonable under KRS 278.030 and admi nistrative regulations promulgated\nthereunder upon election. Except as set forth in KRS 278.542(1)(a) and (b), an\nelecting telephone utility shall be exempt from KRS 278.190, 278.192, 278.200,\n278.230(3), 278.255, 278.260, 278.270, 278.280, 278.290, and 27 8.300 and\nadministrative regulations promulgated thereunder. The utility shall also be exempt\nfrom any rules, orders, or regulations of the commission requiring the retention or\nfiling of financial reports, classifications, depreciation or other schedules,  or any\nother information not required by the Federal Communications Commission.\n(7) An electing small telephone utility, as defined in KRS 278.516, may withdraw from\nbeing so regulated by providing written notice of withdrawal to the commission.\n(8) Under the following circumstances, any electing utility may withdraw from being so\nregulated by providing written notice to the commission:\n(a) Upon the approval pursuant to KRS 278.512 of a company-specific alternative\nregulation plan; or\n(b) Upon filing notic e with the commission of its adoption of the applicable\nprovisions of any alternative regulation plan previously approved by the\ncommission. The adoption shall become effective upon filing of the notice.\n(9) The rates for basic local exchange service for a n electing small telephone utility as\ndefined in KRS 278.516 shall be capped for a period of twelve (12) months from\nthe date of the election. Annually thereafter, an electing small telephone utility may\nnot increase rates for an individual basic local exc hange service by more than the\nincrease in the annual average of the Consumer Price Index for all urban consumers\nfor the most recent calendar year as published by the United States Department of\nLabor, Bureau of Labor Statistics.","path":["KRS Chapter 278"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=14151","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:30Z","sha256":"169d4deab4762953f59ed02515cd5bd1c1bb40383a4c21e76082f3ef98131cb3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-278.542","next":"us-ky/krs-278.5435"},"notice":"GroundRules: Original legal text. Not legal advice."}