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Office of the Revisor of Statutes

SF 2133 Senate Long Description

Relating to telecommunications ARTICLE 1 - TELECOMMUNICATIONS SERVICE GENERAL REGULATION Requiring the public utilities commission to regulate telecommunications services, specifying certain state goals to be considered in executing regulatory duties; imposing a performance bond requirement on telecommunications providers, amount to be determined by the PUC; authorizing PUC implementation and administration rules; specifying certain prohibited services provider practices; requiring and providing for certain interconnections; specifying certain establishment regulation exemptions; regulating the installation of alarm transmission telephone devices and private shared telecommunications services; prohibiting cross subsidization within a telecommunications services provider organization; subjecting long distance telephone companies to regulation; providing for intrastate inter-LATA telecommunications services by former Bell operating companies with authorization from the federal communications commission to promote fair and reasonable competition in the telecommunications industry, requiring the PUC to verify compliance with the federal telecommunications act of 1996 for certification to the FCC ARTICLE 2 - CONSUMER PROTECTION Requiring and providing for telecommunications providers to disclose to customers local service options and prices; specifying certain antislamming duties of local telephone companies and soliciting carriers, imposing penalties for noncompliance; prescribing verification procedures for customer authorization for a change in long distance telephone company; specifying certain notice and disclosure requirements of long distance providers; prohibiting certain loading practices; requiring prior notice of rate increases to customers ARTICLE 3 - COMMISSION PROCESS AND PROCEDURES Authorizing the public utilities commission to investigate telecommunications services providers for statute or rule violations and telecommunications service related matters; prescribing a procedure to be followed by the PUC after investigation; requiring the PUC to maintain a full and complete record of formal investigations or hearings; providing for appeal of PUC orders, order to be final and conclusive without appeal; providing for the compelling of obedience through the district court; providing for the treatment of information subject to protective orders; requiring and providing for the public service department and the PUC to periodically assess telecommunications services providers for regulatory expenses, imposing interest on unpaid amounts; providing for the assessment of administrative hearing costs, money received to be credited to a special account for payment to the office of administrative hearings; providing for enforcement of the regulations, imposing civil penalties and criminal for violations; authorizing the PUC to conduct expedited proceedings under certain conditions ARTICLE 4 - UNIVERSAL SERVICE Requiring and providing for the public utilities commission to establish and require contributions by all telecommunications services providers to a universal service fund, requiring fund administration and distribution according to rules to be adopted by the PUC, specifying certain issues to be addressed; requiring PUC contracts with telecommunications services providers to provide services to persons unable to obtain services at fair and reasonable rates; authorizing cities to apply for a per capita annual payment from the universal service fund to support municipally provided telecommunications content and public access, payment rate to be equal statewide; providing for a combined local access surcharge to be collected by local telephone companies from subscribers to fund 911 emergency telephone system costs; requiring the department of public service to administer through an interagency agreement with the department of human services a program to distribute communication devices to eligible communication impaired (deaf) person and contract with a local consumer group to create and maintain a telecommunication relay service, specifying certain duties of both departments; establishing a telecommunication access for communication impaired persons (TACIP) fund, providing for funding through surcharges to be collected by certain telecommunications services providers; specifying authorized uses of the fund; specifying application and eligibility requirements for communication devices to be purchased, distributed and maintained by the commissioner of human services, specifying standards; requiring the department of public service to contract with a local consumer organization serving communication impaired persons for operation and maintenance of the telecommunication relay system, specifying certain requirements of the operator and requiring an annual report on communication access by the department to the PUC; providing for the enforcement of adequate service to communication impaired persons; requiring the PUC to develop a telephone assistance plan (TAP) to be jointly administered by the PUC, the department of human services and telephone companies; specifying household eligibility and the nature and extent of the credits; providing for funding through a uniform recurring monthly surcharge per access line; providing for application and for notice to subscribers, requiring and providing for annual eligibility determination, notice requirements; requiring and providing for the PUC to serve as the coordinator of the plan; specifying certain recordkeeping and reporting requirements of telecommunications services providers; requiring the department of public service to investigate complaints; creating the telephone assistance fund for deposit of surcharge amounts and appropriating money in the fund to the PUC for distribution; requiring certain PUC administrative rules and authorizing rules to implement certain previously enacted surcharges ARTICLE 5 - RIGHT-OF-WAY Providing for the use and regulation of public rights-of-way by telecommunications services providers; granting counties, cities and towns the authority to manage public rights-of-way and to recover rights-of-way management costs; specifying restoration requirements of telecommunications right-of-way users after excavation; authorizing local government unit right-of-way permit denial or revocation under certain conditions, providing for appeal; authorizing the imposition of certain fees to recover management costs; specifying certain prohibited practices of local government units; specifying certain exemptions from permit requirements; providing for the protection of certain data and documents exchanged between local units and telecommunications right-of-way users; requiring the public utilities commission (PUC) to by a certain date adopt statewide construction standards for uniformity purposes; requiring the department of public service to adopt rules governing the maintenance and operation of wire crossing or paralleling utility lines ARTICLE 6 - TRANSITION PROVISIONS Restricting telecommunications services providers rate increases; repealing existing provisions regulating telephones, telecommunications and cable communications (rla)