Section 105IAC5-1-9. Market dominance

   (a) When the new individual or joint rate is alleged to be unreasonably high, the commission, within 90 days after the start of a proceeding under this administrative rule, shall determine whether or not the railroad proposing the rate has market dominance over the transportation to which the rate applies.

  (b) If the commission finds that:

(1) The railroad proposing the rate has market dominance over the transportation to which the rate applies, it shall then proceed to determine whether or not the proposed rate exceeds a maximum reasonable level for that transportation.

(2) The railroad proposing the rate does not have market dominance over the transportation to which the rate applies, it shall not make a determination on the issue of reasonableness.

  (c) A finding by the commission that the proposed rate has a revenue-variable cost percentage which is equal to or greater than the percentages found in 49 U.S.C. Sec. 10709(d)(2) does not establish a presumption that:

(1) the railroad has or does not have market dominance over such transportation, or

(2) the proposed rate exceeds or does not exceed a reasonable maximum level.

  (d) Evidentiary guidelines for the determination of whether or not the railroad has market dominance over the transportation to which the rate applies shall be found in 170 IAC 3-1.1-17 through 3-1.1-20 [sections 17 through 20 of this rule]. (Indiana Department of Transportation; 105 IAC 5-1-9; filed May 18, 1983, 2:18 p.m.: 6 IR 1203; filed Feb 27, 1985, 9:24 a.m.: 8 IR 769; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; readopted filed Jun 14, 2007, 2:45 p.m.: 20070627-IR-105070237RFA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA) NOTE: Transferred from Department of Transportation (100 IAC 6-1-9) to Indiana Department of Transportation (105 IAC 5-1-9) by P.L.112-1989, SECTION 5, effective July 1, 1989.