Is the Overlay Plan consistent with the Missouri statutes?
Pursuant to Section 392.200.4(1), RSMo Supp. 1999, the Commission must find “clear and convincing evidence” that approval of the Overlay Plan is reasonably necessary to promote the public interest and the purposes and policies of Chapter 392. The Commission has found that approving the Overlay Plan will provide more choices to AT&T customers, and will increase competition in the intraLATA toll market. The Commission has also found that allowing AT&T to offer the Overlay Plan only in SWBT exchanges will put AT&T in a better position to serve statewide. All of these findings support the Commission’s conclusion that approving the Overlay Plan will promote the public interest and purposes of Chapter 392. Taken together, these findings constitute clear and convincing evidence. Since the Commission has determined that the Overlay Plan is prohibited by neither federal nor state law, and has found that approving it will promote the public interest and the purposes of Chapter 392, the Commissio
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