|BILL AS INTRODUCED||2007-2008|
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
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,
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
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
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
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
* * *
(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.
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
* * *
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.
The Vermont General Assembly
115 State Street