2005 Legislation
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HOUSE BILL NO. 228 – Telecommunication service, quality

HOUSE BILL NO. 228

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Bill Status



H0228......................................................by STATE AFFAIRS
TELECOMMUNICATIONS - Adds to existing law to authorize the Public Utilities
Commission to establish, by rule, minimum telecommunication service quality
standards.
                                                                        
02/16    House intro - 1st rdg - to printing
02/17    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 228
                                                                        
                                 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  standards  may
 37    be  temporarily  excused  such  as  natural disasters, inclement weather, work
 38    stoppages, civil unrest, or events beyond the control  of  the  telecommunica-
 39    tions  service provider. The commission shall also determine the frequency and
 40    form of service quality reports to  be  filed  with  the  commission  and  may
 41    require  that  telecommunications service providers submit plans for achieving
 42    unmet 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  standards.
  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 15007

This proposed legislation provides authority to the Public
Utilities Commission to establish by rule minimum
telecommunications service quality standards.  It authorizes the
commission to establish by rule reporting procedures and
determine circumstances when the service quality standards should
not apply and to authorize the commission to assess
administrative penalties by rule for failure to meet minimum
telecommunications service quality standards.



                           FISCAL NOTE

There is no fiscal impact.




Contact
Name:   Rep. Julie Ellsworth 
Phone: (208) 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                    H 228