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Delaware Reconsideration
Two days before the ISDN hearing in Delaware, Bell Atlantic proposed new,
region-wide rates. If adopted, these rates would reduce a nailed-down line
from $1828 to $249. Bell Atlantic objected to any discussion of the new
proposal, but the parties testified that any rate substantially over $20 was
unreasonable. Bell Atlantic continues to charge the OLD rates. The Hearing
Examiner agreed, and proposed $28. The Commission adopted this position.
Bell Atlantic now claims that its due process has been violated because its
revised rates were not considered. This principle would paralyze regulation.
Every time a telco faced a hearing, it could issue a new proposal two days
before, and start the process all over from scratch -- meanwhile charging the
OLD rates.
Bell Atlantic's substantive argument is that the new rates are among the
lowest of any Bell company in the nation -- largely because no state other
than Utah has held a full-dress hearing. Other states have yet to challenge
or have entered settlements that are not favorable to ratepayers. Still,
this argument may have some force.
-- Scott Rafferty