View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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 basic8 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 serviceset 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 is46 inadequate, it shall have the authority to require that such telecommunication47 services be subject to the requirements of title 61, Idaho Code, rather than48 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