(b) Nothing in this section shall alter or expand the jurisdiction of the Tennessee regulatory authority (TRA) to hear complaints alleging price discrimination as prohibited by Tennessee law in retail telecommunications services within its jurisdiction, as its jurisdiction existed immediately prior to May 28, 2005, except to the extent that such jurisdiction is reduced pursuant to exemption by the TRA subsequent to May 28, 2005. This chapter does not confer jurisdiction on the TRA relating to services outside its jurisdiction as of May 28, 2005. In determining whether differences in pricing among retail telecommunications customers constitute price discrimination as prohibited by Tennessee law, the TRA shall consider all relevant factors, including, but not limited to, whether:
(1) Customers have been or will be injured as a result of the alleged price differences;
(2) There is a legitimate business reason to distinguish between the customers who are being treated differently;
(3) Customers who are being treated differently are similarly situated;
(4) Customers may choose a functionally equivalent service from an alternative service provider at substantially the same price and terms; and
(5) The TRA has determined previously that existing and potential competition is an effective regulator of the price of the service that is the subject of the complaint.
History: [Acts 2005, ch. 270, § 3.]