54-8b-3.4. Exemption from merger and acquisition approval by commission. (1) (a) Except as provided in Subsection (2), a telecommunications corporation is exempt from the requirements of Sections 54-4-28, 54-4-29, and 54-4-30 if the telecommunications corporation is: (i) a competitive entrant pursuant to Section 54-8b-2.1; or (ii) an incumbent telecommunications corporation that has pricing flexibility pursuant to Section 54-8b-2.3. (b) A telecommunications corporation that is exempt under Subsection (1) shall notify the commission in writing prior to the conclusion of any transaction that would otherwise be subject to Section 54-4-28, 54-4-29, or 54-4-30. (2) The exemption described in Subsection (1) does not apply if the telecommunications corporation receives high cost support from the Universal Public Telecommunications Support Fund established in Section 54-8b-15, other than a one-time distribution described in Section 54-8b-15.
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