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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN 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 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