2001 Legislation
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HOUSE BILL NO. 127 – Telecommunications, service quality

HOUSE BILL NO. 127

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Daily Data Tracking History



H0127......................................................by STATE AFFAIRS
TELECOMMUNICATIONS - Adds to existing law to authorize the Public Utilities
Commission to establish, by rule, minimum telecommunication service quality
standards.
                                                                        
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to St Aff
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/19    Ret'd to St Aff

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 127
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TELECOMMUNICATIONS; AMENDING CHAPTER 6, TITLE 62, IDAHO  CODE,  BY
  3        THE  ADDITION  OF A NEW SECTION 62-625, IDAHO CODE, TO PROVIDE LEGISLATIVE
  4        INTENT, TO DEFINE A TERM, TO PROVIDE AUTHORITY  TO  THE  PUBLIC  UTILITIES
  5        COMMISSION TO ESTABLISH BY RULE MINIMUM TELECOMMUNICATIONS SERVICE QUALITY
  6        STANDARDS, TO AUTHORIZE THE COMMISSION TO ESTABLISH BY RULE REPORTING PRO-
  7        CEDURES  AND  DETERMINE  CIRCUMSTANCES  WHEN THE SERVICE QUALITY STANDARDS
  8        SHOULD NOT APPLY AND TO AUTHORIZE THE COMMISSION TO ASSESS  ADMINISTRATIVE
  9        PENALTIES  BY  RULE FOR FAILURE TO MEET MINIMUM TELECOMMUNICATIONS SERVICE
 10        QUALITY STANDARDS.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Chapter 6, Title 62, Idaho Code,  be,  and  the  same  is
 13    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 14    ignated as Section 62-625, Idaho Code, and to read as follows:
                                                                        
 15        62-625.  TELECOMMUNICATIONS SERVICE QUALITY STANDARDS -- INTENT -- DEFINI-
 16    TION -- REPORTING PROCEDURES -- ADMINISTRATIVE PENALTIES. (1) The  legislature
 17    finds  that  it is appropriate to establish minimum telecommunications service
 18    quality standards to protect  and  maintain  high  quality  services  for  the
 19    health, welfare and economic well-being of the citizens of the state of Idaho.
 20    Minimum  service  quality  standards  will ensure that customers receive high-
 21    quality service as the industry transitions from regulation to  open  competi-
 22    tion in this state. As used in this section, the term "telecommunications ser-
 23    vice  provider" means a local exchange service provider, including an eligible
 24    telecommunications carrier, offering either local exchange service  or  whole-
 25    sale interconnection services within the state of Idaho.
 26        (2)  The  commission  shall  initiate  a proceeding to establish, by rule,
 27    minimum telecommunications service quality standards  for  all  telecommunica-
 28    tions which are necessary to provide local exchange service including, but not
 29    limited to, standards for service installation, repair, and customer access to
 30    service  providers.  In establishing such standards, the commission shall con-
 31    sider service quality terms contained in an approved  statement  of  generally
 32    available  terms  filed with the commission, performance assurance plans which
 33    are offered by telecommunications service providers and service quality  terms
 34    contained in interconnection agreements approved by the commission.
 35        (3)  In  establishing  minimum  service  quality standards, the commission
 36    shall determine the circumstances under which adherence to the standard may be
 37    temporarily excused such as natural disasters, inclement weather,  work  stop-
 38    pages,  civil  unrest,  or events beyond the control of the telecommunications
 39    service provider. The commission shall also determine the frequency  and  form
 40    of  service  quality  reports  to be filed with the commission and may require
 41    that telecommunications service providers submit  plans  for  achieving  unmet
 42    service standards.
 43        (4) (a)  In  the  administrative  proceeding  to establish service quality
                                                                        
                                       2
                                                                        
  1        standards, the commission shall also determine the appropriate amount  for
  2        administrative penalties when telecommunications service providers fail to
  3        meet  minimum  service  quality  standards.  The assessed penalty for each
  4        standard that is not met shall be proportionate to the number of  affected
  5        customers  and  the  frequency of noncompliance with the minimum standard.
  6        The administrative penalties contained in the administrative  rules  shall
  7        not  become  effective until submitted to the legislature for its approval
  8        pursuant to section 67-5291, Idaho Code.
  9        (b)  After notice and an  opportunity  for  hearing,  the  commission  may
 10        assess  reasonable administrative penalties for telecommunications service
 11        providers that fail to meet  minimum  service  quality  standards.  If  an
 12        administrative  penalty  is  assessed,  the commission shall determine the
 13        appropriate disposition of the penalty including, but not limited to, cre-
 14        dits to affected customers, credits to  the  general  body  of  customers,
 15        deposits in the universal service fund, or investments in specific service
 16        quality improvement programs as approved by the commission. The commission
 17        may compromise an assessed penalty but shall not divert assessed penalties
 18        for its own use.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 10839
                                
                                
It is the intent of the Legislature of the State of Idaho to fully
promote effective competition in all Idaho telecommunications markets.
In administering the provisions of this statute, the Commission shall
be guided by this intent and act in a manner consistent with this
intent.



The telecommunications industry is in a state of transition from a
regulated public utility industry to a competitive industry. During
this transition, the Legislature finds that there is a need to protect
and maintain high-quality telecommunications services. To insure
continued high-quality telecommunications services, the Legislature
finds that it is appropriate to grant the Public Utilities Commission
broad enabling authority to establish minimum telecommunications
service quality standards for local exchange service and wholesale
interconnection services necessary for telecommunications competitors
to provide such local exchange services.

It is the intent of this Legislature that the Commission shall embark
on a collaborative rulemaking process with members of the industry and
other interested parties to establish minimum service quality standards
for telecommunications services in a proceeding before the Commission. 
The Legislature further proceeding establish intends that the
Commission s administrative penalties in those instances when minimum
service met. The proceeding s administrative rules containing the 
standards and the administrative penalties shall be submitted for
legislative quality approval 

In authorizing the Commission to assess administrative penalties, it is
our intent that such penalties be proportionate to the number of
customers affected and the frequency that such standards are not met.
In authorizing the Commission to assess service penalties, it is our
intent that such penalties should provide a proper incentive for
telecommunications corporations to meet and, indeed, exceed the minimum
service quality standards. This Legislature further finds that it is
appropriate to grant the Commission the authority to compromise the
imposition of administrative penalties, while at the same time
encouraging telecommunication corporations to provide service that
exceeds the minimum service quality standards.  
                          FISCAL NOTE
There is no fiscal impact to the general fund.  The Public Utilities
Commission anticipates that the only impact to its dedicated funds
would be the costs associated with publishing administrative rules,
estimated to be approximately $2,000.


Contact
Name:  Ron Law, Executive Administrator
Agency:  Idaho Public Utilities Commission Phone: 334-0330




STATEMENT OF PURPOSE/FISCAL NOTE                            H 127