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H0502......................................................by STATE AFFAIRS
TELEPHONE CORPORATIONS - Amends existing law relating to telecommunications
regulation to prescribe an election by the corporation to govern
applicability of the chapter to certain telephone corporations; to provide
continuing authority of the Public Utilities Commission relating to
telecommunications services subject to Chapter 6, Title 62, Idaho Code; and
to provide for Public Utility Commission reports to the Governor and the
Legislature.
01/20 House intro - 1st rdg - to printing
01/21 Rpt prt - to St Aff
02/06 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 38-32-0
AYES -- Barraclough, Bedke, Bell, Black, Block, Boe, Campbell,
Cannon, Clark, Collins, Crow, Deal, Eberle, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Jones, Kellogg(Nonini), Lake,
Meyer, Miller, Moyle, Naccarato, Nielsen, Ring, Rydalch, Schaefer,
Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills, Mr.
Speaker
NAYS -- Andersen, Barrett, Bauer, Bayer, Bolz, Bradford, Cuddy,
Denney, Douglas, Edmunson, Ellsworth, Henbest, Jaquet, Kulczyk,
Langford, Langhorst, Martinez, McGeachin, McKague, Mitchell,
Pasley-Stuart, Raybould, Ridinger, Ringo, Roberts, Robison, Sali,
Sayler, Shepherd, Smith(24), Trail, Wood
Absent and excused -- None
Reconsidered - PASSED - 36-34-0
AYES -- Barraclough, Bedke, Bell, Black, Block, Campbell, Cannon,
Clark, Collins, Crow, Deal, Eberle, Eskridge, Field(18), Field(23),
Gagner, Garrett, Jones, Kellogg(Nonini), Kulczyk, Lake, McKague,
Meyer, Miller, Moyle, Naccarato, Ring, Rydalch, Shirley, Skippen,
Smith(30), Smylie, Snodgrass, Stevenson, Wills, Mr. Speaker
NAYS -- Andersen, Barrett, Bauer, Bayer, Boe, Bolz, Bradford, Cuddy,
Denney, Douglas, Edmunson, Ellsworth, Harwood, Henbest, Jaquet,
Langford, Langhorst, Martinez, McGeachin, Mitchell, Nielsen,
Pasley-Stuart, Raybould, Ridinger, Ringo, Roberts, Robison, Sali,
Sayler, Schaefer, Shepherd, Smith(24), Trail, Wood
Absent and excused -- None
Floor Sponsor - Deal
Title apvd - to Senate
02/17 Senate intro - 1st rdg - to St Aff
03/04 Rpt out - w/o rec - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 18-17-0
AYES -- Andreason, Bailey, Bunderson, Calabretta, Cameron, Compton,
Darrington, Davis, Goedde, Hill, Ingram, Little, Lodge, McKenzie,
Noble, Sorensen, Stegner, Williams
NAYS -- Brandt, Burkett, Burtenshaw, Gannon, Geddes, Kennedy, Keough,
Malepeai, Marley, McWilliams, Noh, Pearce, Richardson, Schroeder,
Stennett, Sweet, Werk
Absent and excused -- None
Floor Sponsor - Sorensen
Held for reconsideration
03/17 Reconsidered - FAILED - 17-18-0
AYES -- Andreason, Bailey, Bunderson, Calabretta, Cameron, Compton,
Darrington, Davis, Goedde, Hill, Ingram, Little, Lodge, McKenzie,
Sorensen, Stegner, Williams
NAYS -- Brandt, Burkett, Burtenshaw, Gannon, Geddes, Kennedy, Keough,
Malepeai, Marley, McWilliams, Noble, Noh, Pearce, Richardson,
Schroeder, Stennett, Sweet, Werk
Absent and excused -- None
Floor Sponsor - Sorensen
Ret'd to House
Filed in the Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 502
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO TELECOMMUNICATION REGULATION; AMENDING SECTION 62-604, IDAHO CODE,
3 TO PRESCRIBE AN ELECTION BY THE CORPORATION TO GOVERN APPLICABILITY OF THE
4 CHAPTER TO CERTAIN TELEPHONE CORPORATIONS AND TO MAKE A TECHNICAL CORREC-
5 TION; AND AMENDING SECTION 62-605, IDAHO CODE, TO PROVIDE CONTINUING
6 AUTHORITY OF THE COMMISSION RELATING TO TELECOMMUNICATION SERVICES SUBJECT
7 TO CHAPTER 6, TITLE 62, IDAHO CODE, AND PROVIDING FOR COMMISSION REPORTS
8 TO THE GOVERNOR AND THE LEGISLATURE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 62-604, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 62-604. APPLICABILITY OF CHAPTER.
13 (1) (a) Any telephone corporation, except any mutual nonprofit or cooper-
14 ative telephone corporation, which did not, on January 1, 1988, hold a
15 certificate of public convenience and necessity issued by the commission
16 and, which does not provide basic local exchange service, shall, on and
17 after the effective date of this act, be subject to the provisions of this
18 chapter and shall be exempt from the provisions of title 61, Idaho Code.
19 (b) All telephone corporations, as set forth in subparagraph (1)(a) of
20 this section, shall file a notice with the commission, which notice shall
21 set forth the following information:
22 (i) the name of the telephone corporation and the address of its
23 principal place of business within the state;
24 (ii) a description of the telecommunication services offered by such
25 telephone corporation and the area served by it or in which it offers
26 telecommunication services,.
27 (c) Such notice shall be filed on or before the 1st day of January of
28 each year following the effective date of this act.
29 (2) Any telephone corporation holding a certificate of public convenience
30 and necessity on January 1, 1988, issued by the commission pursuant to title
31 61, Idaho Code, may, pursuant to section 62-605, Idaho Code:
32 (a) elect to exclude all, or part of its telecommunication services,
33 other than basic local exchange service including recurring and nonrecur-
34 ring charges therefor, from regulation pursuant to title 61, Idaho Code,
35 and such excluded telecommunication services shall thereafter be subject
36 to the provisions of this chapter except for the provisions of section
37 62-622(1) through (3), Idaho Code;
38 (b) notwithstanding any other provision of this chapter, a telephone cor-
39 poration which, pursuant to section 61-538, Idaho Code, was, prior to the
40 effective date of this chapter, subject to the provisions of such section,
41 shall continue to be subject to the provisions of section 61-538, Idaho
42 Code, notwithstanding such telephone corporation is subject to the provi-
43 sions of this chapter.
2
1 SECTION 2. That Section 62-605, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 62-605. PROCEDURE FOR NOTICE OF ELECTION -- COMMISSION CONTINUING AUTHOR-
4 ITY. (1) A telephone corporation which held a certificate of public conve-
5 nience and necessity on January 1, 1988, may file with the commission a notice
6 that such telephone corporation elects to be subject to the provisions of this
7 chapter for all, or part of its telecommunication services, other than basic
8 local exchange service, which notice shall include the following:
9 (a) The name and address of the telephone corporation;
10 (b) A narrative description of the telecommunication services provided by
11 the telephone corporation and the geographic area and market served by the
12 telephone corporation and a description of the telecommunication services
13 for which the election is made.
14 (2) Upon the expiration of thirty (30) days from the filing of such
15 notice of election, said telephone corporation shall, as to telecommunication
16 services other than basic local exchange service set forth in the notice of
17 election, be exempt from the provisions of title 61, Idaho Code, and such
18 telecommunication services shall thereafter be subject to the provisions of
19 this chapter with the exception of the provisions of section 62-622(1) through
20 (3), Idaho Code.
21 (3) Nothing contained in the provisions of this chapter or title 61,
22 Idaho Code, shall be construed to prevent any person or entity from providing
23 telecommunication services in competition with a telephone corporation as to
24 those services which have been excluded from regulation under title 61, Idaho
25 Code, pursuant to the provisions of this chapter, or with a telephone corpora-
26 tion, other than a mutual, nonprofit or cooperative telephone corporation,
27 which was not, on the effective date of this act, subject to regulation by the
28 commission pursuant to title 61, Idaho Code.
29 (4) Nothing contained in the provisions of this chapter shall be con-
30 strued to prevent any telephone corporation from maintaining on file with the
31 commission a tariff or price list describing the details of its services.
32 (5) For any telecommunication service which was subject, on the effective
33 date of this act, to title 61, Idaho Code, and which at the election of the
34 telephone corporation became subject to this chapter, the commission shall
35 have continuing authority to regulate the telephone corporation to the extent
36 necessary to implement the federal communications act of 1996, in accordance
37 with section 62-615, Idaho Code, and review the quality of such service, its
38 general availability, and terms and conditions under which it is offered. Upon
39 complaint to the commission and after notice to the telephone corporation pro-
40 viding such service and hearing, the commission finds that the quality, gen-
41 eral availability or terms and conditions for such service are adverse to the
42 public interest, the commission shall have authority to negotiate or require
43 technological and competitively neutral changes in how such telecommunication
44 services are provided to assure that the public interest is not adversely
45 affected. In addition, if the commission finds that such corrective action is
46 inadequate, it shall have the authority to require that such telecommunication
47 services be subject to the requirements of title 61, Idaho Code, rather than
48 the provisions of this chapter.
49 (6) On or before January 1, 2006, the commission shall, and may at such
50 times thereafter as the commission deems necessary, report to the governor and
51 the legislature on the effect of chapter 6, title 62, Idaho Code, on telecom-
52 munication services within the state of Idaho, together with the commission's
53 recommendations for changes in the law, if any.
STATEMENT OF PURPOSE
RS 13608C1
This proposal will permit currently regulated telephone companies
the option to elect to be regulated pursuant to Title 62, Idaho
Code, rather than Title 61, Idaho Code.
In 1988, legislation was approved that allowed existing telephone
companies to elect an alternative form of regulation, eliminating
the monopoly and rate of return pricing system established in
1913, for all telecommunication services except basic local
residential and small business services.
In 1996, federal law mandated the ultimate removal of all state
and federal barriers to market entry by competing telephone
companies. Today, unregulated companies serve and compete for
local residential and business landline customers in previously
monopoly-protected areas of Idaho. Unregulated cell phone
companies provide local telephone services to over 539,000 Idaho
subscribers. At the same time, the number of local regulated
residential lines continue to decline. The growth of the
competitive market for local services has been further enhanced
by the availability of Voice-Over-Internet technology and the
ability of telephone subscribers to take their telephone number
with them if they change service to a competing company.
The IPUC will continue to have a regulatory role to protect the
public interest, pursuant to Title 62, Idaho Code.
FISCAL IMPACT
There is no negative fiscal impact on state or local funds.
Contact
Name: Rep. Bill Deal
Phone: 208/332-1000
Name: Mike Reynoldson
Phone:208/385-2154
STATEMENT OF PURPOSE/FISCAL NOTE H 502