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US West Communications12/13/1999
tional costs.
The PSC=s powers are enumerated in Wyo. Stat. Ann. ' 37-15-401 (Lexis 1999):
(a) In addition to the powers exercised pursuant to the provisions of W.S. 37-15-408, the commission has the power to:
(i) Investigate the methods and practices of any telecommunications company;
(ii) Require any telecommunications company to conform to the laws of this state and to all rules, regulations and orders of the commission not contrary to law;
(iii) Make any rules and regulations, in accordance with the Wyoming Administrative Procedure Act, necessary for the commission to carry out its powers in this chapter, including rules objectively established and consistent with commonly accepted industry standards, where applicable standards exist;
(iv) Require reports and studies as to prices and terms and conditions of service, necessary and relevant for the commission=s exercise of its authority, including those protected as trade secret or confidential based on legitimate competitive or other operational concerns;
(v) Hold hearings on complaints, or for good cause, upon notice and subject to the provisions of the Wyoming Administrative Procedure Act; and
(vi) Regulate telecommunications companies only as provided for in this chapter.
(Emphasis added.) In Wyo. Stat. Ann. ' 37-15-402(a), the legislature gave the PSC the power to create the form for the TSLRIC report, but did not grant the PSC the power to change the substance of TSLRIC by imputing costs. The legislature chose to impute specific costs relating to message toll services. Further, it conspicuously omitted any imputed costs for the TSLRIC calculation relating to other services. The PSC may not rewrite the statute through its rule- making power.
We appreciate the PSC=s concern regarding potential discriminatory pricing. However, the legislature gave the PSC the power to deal with this issue directly, rather than through the modification of TSLRIC. First, the PSC is empowered to promulgate rules to provide for A he resale and sharing of services and functions at reasonable and nondiscriminatory rates.@ Wyo. Stat. Ann. ' 37-15-404(e)(vi). If discriminatory pricing should occur:
ny person, and the commission on its own motion, may complain to the commission concerning the reasonableness of the price of any noncompetitive telecommunications service. Any notice and hearing of any complaint shall be in accordance with the Wyoming Administrative Procedure Act and this chapter.
The commission shall only set aside any price it finds after notice and hearing to be unreasonable or unreasonably discriminatory. If the commission sets aside a price as unreasonable or unreasonably discriminatory, the telecommunications company shall have sixty (60) days to file a new price which is reasonable. The company shall refund any charges found to be unreasonable as ordered by the commission. Any price set in compliance with the provisions of W.S. 37-15-402 is presumed to be fair and reasonable, subject to rebuttal by the commission or any party to the hearing.
Wyo. Stat. Ann. ' 37-15-405 (Lexis 1999).
It cannot be questioned that the legislature=s intent in passing the Wyoming Telecommunications Act of 1995 was to promote competitive telecommunications markets in Wyoming. The legislature apparently believed that placing the floor price for services at TSLRIC would accomplish this goal. If the PSC disagrees with the statutory enactment, the solution is with the legislature, not in the promulgation of rules which deviate from the legislative expression.
V. CONCLUSION
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