(a) Every telecommunications company shall have to submit to the Board a list of prices and charges, and every time a change is made, it shall have to submit them simultaneously when implemented in the market.
(b) The Board shall, at [the] request of the interested party, and through a complaint thereby, ascertain whether the prices and/or charges established are not based on their cost, thus violating the principle of fair and sound competition. To such effects, the Board may request [of] the complainant telecommunications company all the information pertinent to the prices or charges established by it. This information shall be available to the complainant party, except that the Board shall keep confidential and for its exclusive use such material which is needed to protect proprietary information, and business or trade secrets, pursuant to § 267f of this title.
(c) The Board shall have a maximum of thirty (30) days to adjudicate complaints under this section. However, the Board may, at the request of the complainant telecommunications company, order a suspension of the application of the prices and/or charges in question, until the complaint is resolved on its merits. Every request to suspend the temporary application of the objected prices and/or charges shall be adjudicated within a term of not more than five (5) days from the date the petition to such effects is filed.
(d) When the Board determines that the pricing and/or charge structure is not based on costs, the Board may order the permanent suspension of said prices and charges, besides imposing administrative fines up to a maximum twenty-five thousand dollars ($25,000) for each violation of this chapter. In the case of a continuing violation, each additional day shall constitute a separate offense, but the total fine imposed shall not exceed two hundred and fifty thousand dollars ($250,000) in any case.
History —Sept. 12, 1996, No. 213, § III-7, renumbered as § III-8 on Sept. 2, 1999, No. 302, § 2.