(1)
(a) Notwithstanding any other provision of this title, upon its own motion or upon application by any person, the commission shall regulate, pursuant to part 3 of this article, specific telecommunications services regulated under this part 2 upon a finding that there is effective competition in the relevant market for such service and that such regulation under part 3 of this article will promote the public interest and the provision of adequate and reliable service at just and reasonable rates.
(b) In determining whether effective competition for a specific telecommunications service exists, the commission shall make findings, after notice and opportunity for hearing, and shall issue an order based upon consideration of the following factors:
(I) The extent of economic, technological, or other barriers to market entry and exit;
(II) The number of other providers offering similar services in the relevant geographic area;
(III) The ability of consumers in the relevant geographic area to obtain the service from other providers at reasonable and comparable rates, on comparable terms, and under comparable conditions;
(IV) The ability of any provider of such telecommunications service to affect prices or deter competition; and
(V) Such other factors as the commission deems appropriate.
(c) In determining geographic areas under paragraph (b) of this subsection (1), the commission shall not be unduly restrictive.
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