09 LC 36
1369S
House
Bill 168 (RULES COMMITTEE SUBSTITUTE)
By:
Representatives Cox of the
102nd,
Martin of the
47th,
Reese of the
98th,
Parsons of the
42nd,
and May of the
111th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia
Annotated, relating to telecommunications and competition development, so as to
modernize telecommunications competition by eliminating artificial and outdated
subsidy mechanisms in the form of contributions to the Universal Access Fund; to
provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating
to telecommunications and competition development, is amended by revising Code
Section 46-5-162, relating to definitions relative to "The Telecommunications
and Competition Development Act of 1995," as follows:
"46-5-162.
As
used in this article, the term:
(1)
'Alternative regulation' means a form of regulation pursuant to which the rates,
terms, and conditions for telecommunications services provided by a local
exchange company are set pursuant to the rules specified in this
article.
(2)
'Basic local exchange
services
service'
or 'universal access local exchange
services
service'
mean
means
the provision to residential and single line business customers in Georgia of
services composed of a touch tone switched access line and dial
tone,
of a quality sufficient for
two
way
two-way
voice and 9600 baud data/fax communications. This service shall include 1+
dialing for access to competitive providers of telecommunications services by
January 1, 1997. The elements of universal access local exchange services are
subject to subsequent review and modification by the commission.
(3)
'Caller identification service' means a type of telephone service which permits
telephone customers to see the telephone number of incoming telephone
calls.
(4)
'Commission' means the Georgia Public Service Commission.
(5)
'Electing company' means a local exchange company subject to the alternative
regulation described in this article.
(6)
'Fund'
means the Universal Access Fund created in Code Section 46-5-167.
(7)
'Gross domestic product-price index' or 'GDP-PI' means the gross domestic
product fixed weight price index calculated by the United States Department of
Commerce.
(8)(7)
'Interconnection service' means the service of providing access to a local
exchange company's facilities for the purpose of enabling another
telecommunications company to originate or terminate telecommunications
service.
(9)(8)
'Local calling area' means the geographic area encompassing one or more local
exchanges
exchange
services as described in commission orders
or in maps, tariffs, and rate schedules reviewed and approved by the
commission.
(10)(9)
'Local exchange company' means a telecommunications company authorized to
provide local exchange service as described in this article. For purposes of
this article, there shall be two categories of local exchange
companies:
(A)
Tier 1 companies are those companies with 2 million or more access lines within
Georgia holding a certificate of public convenience and necessity issued by the
commission; and
(B)
Tier 2 companies are those companies with less than 2 million access lines
within Georgia holding a certificate of public convenience and necessity issued
by the commission.
(11)(10)
'Local exchange
services
service'
means
services
service
offered for the transmission and utilization of two-way interactive
communications and associated usage with the local calling area.
(12)(11)
'Local interconnection
services
service'
means that part of switched interconnection service provided for the purpose of
originating or terminating a call which originates and terminates within the
local calling area.
(13)(12)
'Portability' means the technical capability that permits a customer to retain
the same local number at the same customer location regardless of the provider
of the local exchange service.
(14)(13)
'Switched access' means that part of switched interconnection service provided
for the purpose of originating or terminating a toll service.
(15)(14)
'Switched interconnection service' means that part of interconnection service
which utilizes the local exchange company's switching facilities to provide line
or trunkside access or both to the local exchange company's end office or tandem
switches for the purpose of originating and terminating the telecommunications
services of other telecommunications companies.
(16)(15)
'Tariff' means the schedule or other writing filed with the commission that
describes the rates, terms, and conditions of certain telecommunications
services provided by the telecommunications company.
(17)(16)
'Telecommunications company' means any person, firm, partnership, corporation,
association, or municipal, county, or local governmental entity offering
telecommunications services to the public for hire.
(18)(17)
'Telecommunications
services
service'
means the
services
service
for the transmission of two-way interactive communications to the public for
hire. For purposes of illustration, the term 'telecommunications
services
service'
includes without limitation local exchange services and interconnection
services.
(19)(18)
'Toll service' means the transmission of two-way interactive switched
communications between local calling areas.
(20)(19)
'Universal access provider' means a local exchange company that is obligated to
provide basic local exchange service in all of its local calling areas in
response to reasonable requests for such service and which, in consideration of
such obligation, may have its rates for local
switched
interconnection service established as provided in this
article."
SECTION
2.
Said
article is further amended by revising subsection (e) of Code Section 46-5-164,
relating to interconnection among certificated local exchange companies, as
follows:
"(e)
The commission is authorized to allow local exchange companies to resell the
services purchased from other local exchange companies pursuant to rules
determining when and under what circumstances such resale shall be
allowed;
provided, however, that the resale of basic local exchange services supported by
the Universal Access Fund shall be limited to users and uses conforming to the
definition of basic local exchange services set forth in paragraph (2) of Code
Section 46-5-162. Any local exchange
company or telecommunications company desiring to purchase or to resell services
purchased from another local exchange company may petition the commission for
the authorization to purchase or to resell such services. In cases where the
purchase or resale of services purchased is authorized by the commission, the
commission shall determine the reasonable rates, terms, or conditions for the
purchase or resale of such local exchange services such that no local exchange
company or telecommunications company gains an unfair market position. The
commission shall render a final decision in any proceeding initiated pursuant to
the provisions of this subsection no later than 60 days after the close of the
record except that the commission, by order, may extend such period in any case
in which it shall find that the complexity of the issues and the length of the
record require an extension of such period, in which
event,
the commission shall render a decision at the earliest date practicable. In no
event shall the commission delay the rendering of a final decision in such
proceeding beyond the earlier of 120 days after the close of the record or 180
days from the filing of the notice of petition under this subsection. The
commission, at its discretion or upon a petition filed by either party, may
modify a ruling rendered under this subsection, provided that a petition for
modification
may
shall
not be filed more than once in any 18 month period."
SECTION
3.
Said
article is further amended by revising Code Section 46-5-167, relating to the
Universal Access Fund, as follows:
"46-5-167.
(a)
The commission shall create a Universal Access Fund to assure the provision of
reasonably priced access to basic local exchange services throughout Georgia.
The fund shall be administered by the commission under rules to be promulgated
by the commission as needed to assure that the fund operates in a competitively
neutral manner between competing telecommunications providers.
(b)
The commission shall require all telecommunications companies providing
telecommunications services within Georgia to contribute quarterly to the fund
in a proportionate amount to their gross revenues from sale to end users of such
telecommunications services as determined by rules to be promulgated by the
commission.
(c)
The commission may also require any telecommunications company to contribute to
the fund if, after notice and opportunity for hearing, the commission determines
that the company is providing private local exchange services or radio based
local exchange services in this state that compete with a telecommunications
service provided in this state for which a contribution to the fund is required
under this Code section.
(d)
Contributions to the fund shall be determined by the commission based upon
estimates as to the difference in the reasonable actual costs of basic local
exchange services throughout Georgia and the amounts established by law or
regulations of the commission as to the maximum amounts that may be charged for
such services.
(e)
Moneys in the fund shall be distributed quarterly to all providers of basic
local exchange services upon application and demonstration that the reasonable
costs as determined by the commission to provide basic local exchange services
exceed the maximum fixed price permitted for such basic local exchange services.
The commission may take into account the possibility that a competing local
exchange company is providing or could provide lower cost basic local exchange
services. Competitive providers shall be entitled to obtain a similar subsidy
from the fund to the extent that they provide basic local exchange services;
provided, however, that such subsidy shall not exceed 90 percent of the per line
amount provided the incumbent local exchange company for existing basic local
exchange service or 100 percent of new basic local exchange
service.
(f)
The commission shall require any local exchange company seeking reimbursement
from the fund to file the information reasonably necessary to determine the
actual and reasonable costs of providing basic local exchange
services.
(g)
The commission shall have the authority to make adjustments to the contribution
or distribution levels based on yearly reconciliations and to order further
contributions or distributions as needed between companies to equalize
reasonably the burdens of providing basic local exchange service throughout
Georgia.
(h)
A local exchange company or other company shall not establish a surcharge on
customers' bills to collect from customers' contributions required under this
Code section.
Reserved."
SECTION
4.
Said
article is further amended by revising Code Section 46-5-168, relating to
jurisdiction and authority of commission, as follows:
"46-5-168.
(a)
The jurisdiction of the commission under this article shall be construed to
include the authority necessary to implement and administer the express
provisions of this article through rule-making proceedings and orders in
specific cases.
(b)
The commission's jurisdiction shall include the authority to:
(1)
Adopt reasonable rules governing certification of local exchange
companies;
(2)
Grant, modify, impose conditions upon, or revoke a certificate;
(3)
Establish
and administer the Universal Access Fund including modifications to the maximum
allowable charge for basic local exchange service;
(4)
Adopt reasonable rules governing service quality;
(5)(4)
Resolve complaints against a local exchange company regarding that company's
service;
(6)(5)
Require a telecommunications company electing alternative regulation under this
article to comply with the rate adjustment provisions of this
article;
(7)(6)
Approve and if necessary revise, suspend, or deny tariffs in accordance with the
provisions of this article;
(8)(7)
If necessary, elect another comparable measurement of inflation calculated by
the United States Department of Commerce;
(9)(8)
Establish reasonable rules and methodologies for performing cost allocations
among the services provided by a telecommunications company; and
(10)(9)
Direct telecommunications companies to make investments and modifications
necessary to enable portability.
(c)
The commission shall render a final decision in any proceeding initiated
pursuant to the provisions of this article no later than 60 days after the close
of the record except that the commission, by order, may extend such period in
any case in which it shall find that the complexity of the issues and the length
of the record require an extension of such period, in which event the commission
shall render a decision at the earliest date practicable. In no event shall the
commission delay the rendering of a final decision in such proceeding beyond the
earlier of 120 days after the close of the record or 180 days from the filing of
the notice of rulemaking, petition, or complaint that initiated the
proceeding.
(d)
In conducting any rule-making proceeding under this article, the commission
shall consider the following factors:
(1)
The extent to which cost-effective competitive alternatives are available to
existing telecommunications networks and services; and
(2)
Requirements necessary to prevent any disadvantage or economic harm to
consumers, protect universal affordable service,
establish
and maintain an affordable Universal Access
Fund, protect the quality of
telecommunications services, prevent anticompetitive practices, and prevent
abandonment of service to areas where there is no competing provider of
telecommunications service.
(e)
Subject to any other provision of law protecting the confidentiality of trade
secrets, the commission shall have access to the books and records of
telecommunications companies as may be necessary to ensure compliance with the
provisions of this article and with the commission's rules and regulations and
to carry out its responsibilities under this article.
(f)
In order to promote economic development and competitive advantage for the State
of Georgia, the commission shall have the authority to petition, intervene, or
otherwise commence proceedings before the appropriate federal agencies and
courts having specific jurisdiction over the regulation of telecommunications
seeking to enhance the competitive market for telecommunications services within
the
this
state."
SECTION
5.
This
Act shall become effective on July 1, 2010.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.