Download this document in MS Word format
BILL AS INTRODUCED 2007-2008

AutoFill Template

H.575

Introduced by   Representatives Shand of Weathersfield, Bissonnette of Winooski, Botzow of Pownal, Clerkin of Hartford, Consejo of Sheldon, Kitzmiller of Montpelier, Livingston of Manchester and Marcotte of Coventry

Referred to Committee on

Date:

Subject:  Public service; regulation of corporations; telecommunications

Statement of purpose:  This bill proposes to allow small eligible telecommunications carriers with no more than ten percent of subscriber lines installed in the aggregate statewide to elect alternative forms of regulation.

AN ACT RELATING TO SMALL ELIGIBLE TELECOMMUNICATIONS CARRIERS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  30 V.S.A. § 227d is amended to read:

§ 227d.  SMALL ELIGIBLE TELECOMMUNICATIONS CARRIERS

(a)  A carrier which serves fewer than ten percent of subscriber lines installed in the aggregate statewide and has been designated as an eligible telecommunications carrier in a service area where a competitive eligible telecommunications carrier has also been designated may, by providing written notice to the public service board and to the department of public service, elect to be exempted from one or more of the regulatory requirements under sections 104, 105, 107, 108, 109, 225, 226, 227, 229, 230, and 247, and 311 of this title.  For the purposes of this subsection, “eligible telecommunications carrier” means a telecommunications carrier designated eligible pursuant to 47 U.S.C. § 214(e).

(b)  For any carrier that elects exemption under subsection (a) of this section:

(1)  The carrier shall provide notice of its election to its existing customers within 30 days of its election and to any new customer at the time the new customer requests service from the carrier. 

(2)  The carrier shall maintain the rate schedules that were required prior to the carrier’s election for basic exchange telecommunications service and shall provide notice of any change to such rate schedules to the board and the department for informational purposes only.

(3)  The board shall have continuing regulatory authority over service quality standards; access to carriers of long distance telecommunications services; customer deposits; disconnection of residential and nonresidential services; billing practices and procedures; access to emergency services; access to operators’ services; access to directory services; the requirement under subsection 218(a) of this title that rates be just, reasonable, and nondiscriminatory; and the nine supported services required under 47 U.S.C. § 214(e) as related to basic exchange telecommunications service.  For purposes of this subsection, “basic exchange telecommunications service” means the provision of publicly switched, voice grade interactive telecommunications services between or among two or more end users, where a single central office provides that service to those two or more end users.

(4)  The carrier shall not condition the purchase of basic exchange telecommunications service upon the purchase or subscription to bundles of or any combination of telecommunication services other than the one access line required for the provision of such service.

(5)  The carrier shall limit its prices as follows:

(A)  the carrier shall not increase its price for basic exchange telecommunications service during the first year following such election and,; during the second and third years following the end of the year in which the carrier has made such election, the carrier shall not increase its price for basic exchange telecommunications service by more than nine percent or by $1.50, whichever is less; and during the fourth and fifth years following the end of the year in which the carrier has made such election, the carrier shall not increase its price for basic exchange telecommunications service by more than 11 percent or by $2.00, whichever is less;

* * *

(8)  Regulated intrastate telecommunications products or services that were not offered under the carrier’s rate schedules effective at the time of the election for exemption under subsection (a) of this section shall constitute new products and services and, as such, shall not be subject to the caps described in subdivision (5) of this subsection.  The carrier shall file rate schedules for new products and services and special contracts with the board and the department of public service, which shall take effect upon filing.  New products and services may include, without limitation:

* * *

Sec. 2.  REPEAL 

Sec. 2 of No. 73 of the Acts of 2005 (repeal of section 227d of Title 30) as amended by Sec. 17b of No. 79 of the Acts of 2007 is repealed.

Sec. 3.  EFFECTIVE DATE

This act shall take effect upon passage.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us