Print Friendly HOUSE BILL NO. 228 – Telecommunication service, quality
HOUSE BILL NO. 228
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H0228......................................................by STATE AFFAIRS
TELECOMMUNICATIONS - Adds to existing law to authorize the Public Utilities
Commission to establish, by rule, minimum telecommunication service quality
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to St Aff
]]]] 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
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
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.
There is no fiscal impact.
Name: Rep. Julie Ellsworth
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 228