Print Friendly HOUSE BILL NO. 127 – Telecommunications, service quality
HOUSE BILL NO. 127
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
H0127......................................................by STATE AFFAIRS
TELECOMMUNICATIONS - Adds to existing law to authorize the Public Utilities
Commission to establish, by rule, minimum telecommunication service quality
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 - 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
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
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
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.
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.
Name: Ron Law, Executive Administrator
Agency: Idaho Public Utilities Commission Phone: 334-0330
STATEMENT OF PURPOSE/FISCAL NOTE H 127